A California federal judge on Tuesday trimmed a proposed class action alleging Pringles chips, MorningStar riblets and fruit snack products made by Procter & Gamble Co. and Kellogg Co. were deceptively labeled as healthy, but left intact claims related to Pringles' trans fat content labeling.
Plaintiffs in a cluster of product liability lawsuits against a Johnson & Johnson unit over the antipsychotic drug Risperdal told a Pennsylvania state judge on Tuesday that documents detailing the medication’s risks were too vital to the public interest to remain under seal as part of court proceedings.
A personal injury boutique told a Texas appeals court Monday that a former associate's claim to millions in attorneys' fees from a settlement with GlaxoSmithKline LLC over its development and marketing of Avandia must be arbitrated even though his compensation agreement lacks such a requirement.
Finding the allegation “stretches the bounds of credulity,” a California federal judge on Tuesday dismissed a proposed class action claim that Dean Foods Co. and two other companies mislabeled soymilk and other products as milk when they do not come from cows.
The National Highway Traffic Safety Administration is investigating whether Hyundai Motor Co. should add more than 50,000 vehicles to a recall conducted earlier this year over an airbag-related issue that can gash passengers, the agency said Monday.
Princeton HealthCare System won access to a New Jersey county prosecutor’s files on Friday, in its effort to dodge a suit brought by the estate of a Princeton patient who died after being poisoned by his wife, an ex-employee of co-defendant Bristol-Myers Squibb Inc.
The European Union on Monday adopted World Health Organization guidelines meant to crack down on illegal tobacco trade by controlling and tracking the supply and movement of tobacco products.
A Pennsylvania appeals court found Monday that expert reports submitted in a suit against Rite Aid Corp. and The Procter & Gamble Co. by a plaintiff suffering from severe neurological problems did not establish a clear link between his condition and the zinc in Fixodent denture adhesive.
A Florida federal judge largely preserved claims in a proposed class action Monday accusing convenience food maker Amy’s Kitchen Inc. of misleading consumers by labeling sugar as evaporated cane juice when U.S. regulators have cautioned food makers against using that label to refer to sweeteners.
The Delaware Supreme Court's recent ruling that there is generally no time limit on third-party claims against dissolved corporations will put insurers on the hook for more asbestos lawsuits and other torts related to diseases with long latency periods.
Demilec (USA) LLC dodged several claims in a class action for injuries and damages allegedly caused by the company’s various spray polyurethane foam insulation products, because the plaintiff lacked standing to sue under other states’ consumer protection laws, a Florida federal judge ruled Monday.
An Illinois federal judge on Monday slapped Boehringer Ingelheim Pharmaceuticals Inc. with nearly $1 million in sanctions for discovery abuses in multidistrict litigation over its oral anticoagulant Pradaxa, finding that the drugmaker’s failure to produce thousands of documents amounted to bad-faith conduct.
A Texas jury hit a subsidiary of Nuverra Environmental Solutions Inc. with a $281 million judgment on Thursday after finding a drive shaft had broken off a poorly maintained truck owned by the oil field service company, causing a man’s death.
A Missouri federal judge on Monday took back a holding that Travelers Indemnity Insurance Co. of America had to indemnify an Arch Coal Inc. unit against lawsuits brought by workers who were injured in a crane accident, agreeing that her initial ruling went too far.
Siding with Indalex Inc. in a closely watched coverage battle, the Pennsylvania Superior Court held last week that liability policies can provide coverage when defective products damage other property or cause injuries, likely emboldening policyholders to challenge refusals of defense coverage for faulty workmanship claims.
Resolving long-running multidistrict litigation in New York, Merck & Co. Inc. agreed Monday to pay $27.7 million to settle hundreds of lawsuits claiming its bone drug Fosamax caused a condition known as osteonecrosis of the jaw.
A proposed class accusing The Hain Celestial Group Inc. of falsely advertising its Avalon Organics and Jason brand cosmetics as predominantly organic asked a California federal judge on Friday to keep the suit alive, arguing Hain had hid a state investigation now being touted as barring the plaintiffs' claims.
Biogen Idec Inc. hasn’t done enough to confirm the sterility of its containers and has repeatedly engaged in substandard recordkeeping, including one episode in which documentation was viewed by regulators as “questionable,” according to a U.S. Food and Drug Administration inspection report released Friday.
Reality television star Bethenny Frankel and the manufacturers of Skinnygirl Margarita on Friday urged a New Jersey federal judge to deny certification to consumers alleging the specialty drink was mislabeled as all-natural, saying the claims are too individualized to proceed as a class action.
The U.S. Supreme Court on Monday refused to hear an appeal from the heirs to victims of a 2005 West Caribbean Airways crash, who had claimed that their suit against the airline was improperly dismissed because it left them without a forum to litigate the case.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
The past year has seen a number of major decisions impacting product liability practice, including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in 2014, says Eileen Ridley of Foley & Lardner LLP.
No document review mechanism guarantees perfection, but the adoption of predictive coding has the potential to drastically alter the way in which documents are reviewed and produced in complex pharmaceutical and medical device litigation, says Jessica Sykora of Norton Rose Fulbright.
You might have heard this before — a cancer patient was treated with Aredia/Zometa, which, it is claimed, caused the patient to suffer from osteonecrosis of the jaw. A lawsuit is filed, the patient subsequently dies from the cancer, the plaintiff lawyers do not file the requisite paperwork to substitute in a new party, and the case is dismissed. But the defendant is not prejudiced by this kerfuffle, right? Wrong, says Stephen McConnell of Reed Smith LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
A recent class certification denial in a false advertising action challenging Chipotle's "naturally raised" meat claims seems to stem from the growing trend among federal courts of barring class certification on ascertainability grounds, say David Conway and Edward Boyle of Venable LLP.
The Third Circuit’s holding in Agostini v. Piper Aircraft Corp. reinforces conventional wisdom that the time to fight most motions to remand is in the opposition to the motion itself, not in a likely-to-be barred appeal, says Paige Forster of Reed Smith LLP.
The U.S. Food and Drug Administration has not yet indicated whether products with genetically modified organisms can be labeled as “all natural,” nor has it indicated when such a label would be false or misleading. This lack of action has led some courts to stay proceedings in anticipation of a clear determination — the main question for courts in 2014 will be whether to stay future cases in hope of obtaining FDA guidance, says Josh Becker at Alston & Bird LLP.
In Rowland v. Novartis Pharmaceuticals Corp., three Pennsylvania plaintiffs — merely because they were rousted to multidistrict litigation — received the advantage of the different choice-of-law rules for states to which they had no connection, rather than being bound by the choice-of-law rules of their actual domiciliary state. Where, as in Rowland, the plaintiff is a pure litigation tourist, this is an absurd result, says James Beck of Reed Smith LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.