Product Liability

  • June 30, 2015

    Amarin Not Backing Down In Free Speech Suit Against FDA

    Amarin Pharma Inc. on Tuesday urged a New York federal judge to protect its off-label marketing of fish oil drug Vascepa, saying the U.S. Food and Drug Administration hasn’t removed the threat of punishment that would violate First Amendment rights.

  • June 30, 2015

    Purdue Halts FDA Review Of Abuse-Resistant OxyContin Label

    Purdue Pharma LP has withdrawn an application to include more information on a label for a tamper-resistant version of its oxycodone painkiller OxyContin ahead of a review of the label by a U.S. Food and Drug Administration panel, the drugmaker said Tuesday.

  • June 30, 2015

    Feds Ignoring FOIA Bid For Chevron Fire Docs, Enviros Say

    An environmental nonprofit sued the U.S. Environmental Protection Agency and the U.S. Chemical Safety Board in Washington, D.C., federal court Monday after both agencies allegedly ignored its Freedom of Information Act requests related to an investigation into a Chevron Corp. refinery fire.

  • June 30, 2015

    5th Circ. Gives BP Engineer New Trial Over Juror Misconduct

    A BP PLC engineer who was part of the company’s efforts to stop the Deepwater Horizon oil spill is entitled to a new trial because a juror overheard outside evidence in the case in a courtroom elevator, the Fifth Circuit ruled Tuesday.

  • June 30, 2015

    FDA Considering Warning On Liquid Nicotine

    The U.S. Food and Drug Administration announced Tuesday a notice of proposed rulemaking to determine whether liquid nicotine, which is used for electronic cigarettes, should have exposure warnings and child-resistant packaging.

  • June 30, 2015

    Graco Faulty Car Seat Class Seeks Cert.

    A plaintiff targeting car-seat maker Graco Children's Products Inc. over allegedly defective belt buckles that later became the subject of a nationwide recall asked a California federal court Monday to certify a class of consumers in the suit seeking refunds.

  • June 30, 2015

    Costco Supplier Slammed For 'Deceptive' Egg Labels

    Hillandale Farms Inc. was hit with complaints Tuesday by an animal advocacy group that told the Federal Trade Commission and the U.S. Food and Drug Administration that the Costco Wholesale Corp. supplier suggests its eggs are "cage-free" when its hens are allegedly caged "tightly" in unsanitary conditions. 

  • June 30, 2015

    Ford Blasts Class Bid For Sanctions In Acceleration Rows

    Ford Motor Co. told a West Virginia federal court on Monday that plaintiffs' sanctions attempt in three sudden acceleration class actions is “absurd,” with the automaker saying that it has produced all it can of an engineer's files and the rest are privileged because they were drafted for litigation.

  • June 30, 2015

    Unilever, PepsiCo Hit With Suit Over ‘All Natural’ Tea Label

    Unilever United States Inc. and PepsiCo. Inc. have been hit with a putative class action alleging their jointly produced Pure Leaf iced tea products are falsely branded as “All Natural” and free from preservatives despite containing a non-naturally produced citric acid as a preservative.

  • June 30, 2015

    Get Moving On Cig Warnings, Judge Tells Big Tobacco

    A D.C. federal judge on Tuesday balked at Phillip Morris USA Inc. and R.J. Reynolds Tobacco Co.'s request to mediate the final tweaks to cigarette warnings, stressing the importance of avoiding more delays in the federal government's long-running case.

  • June 30, 2015

    SeaWorld Urges Chancery To Nix Investor Suit Over 'Blackfish'

    SeaWorld Entertainment Inc.’s top brass asked the Delaware Chancery Court on Monday to toss a shareholder derivative suit claiming the theme park giant failed to tell investors about the damaging effects of a 2013 documentary alleging SeaWorld mistreated whales, insisting the suit is rife with unsupported claims.

  • June 30, 2015

    Bimbo Labeling Plaintiffs Call Sanctions Bid A 'Trap'

    Plaintiffs accusing Bimbo Bakeries USA Inc. of misleading consumers about the health benefits of its products told a California federal judge Monday that the company’s bid to strike their claims over missing receipts is just a "trap" to end the case.

  • June 29, 2015

    Ill. Towns Challenge Validity Of DOT's Oil Train Safety Rule

    Two municipalities on the outskirts of Chicago have asked the D.C. Circuit to review the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s final rule governing oil train safety, claiming it’s rife with problems.

  • June 29, 2015

    WWE Sues Dynamite Kid, Others To Block Brain-Injury Claims

    World Wrestling Entertainment Inc. on Monday launched a Connecticut federal suit trying to block Dynamite Kid, Black Jack Mulligan and other wrestlers who used to work for the company from filing claims alleging traumatic brain injuries.

  • June 29, 2015

    Janssen Ignored Nerve Damage Risk Of Levaquin, Suit Claims

    Drugmaker Janssen Pharmaceuticals and parent company Johnson & Johnson were hit with a lawsuit Monday in Pennsylvania federal court alleging the drugmaker mislabeled and continued to market an antibiotic drug despite a growing body of research indicating that it led to permanent nerve damage.

  • June 29, 2015

    Ignition Switch Plaintiffs Slam GM's 'False Media Spin'

    Plaintiffs targeting General Motors Co. in the New York federal multidistrict litigation over its ignition switch defect lashed out against the automaker Friday, arguing that its motion for a protective order on pre-trial discovery is part of its strategy to 'spin' the media after its recall scandal.

  • June 29, 2015

    Chancery Nixes Claims Against GM Directors In Ignition Suit

    A Delaware Chancery judge tossed derivative claims against General Motors Co. directors stemming from the high-profile ignition switch defect on certain cars said to have caused dozens of deaths, saying in an opinion made public Monday that suing shareholders did not adequately show the directors acted in bad faith while overseeing the iconic automaker's operations.

  • June 29, 2015

    Welch Foods Moves To Squash Mislabeling Class Action

    Welch Foods Inc. asked a California federal judge on Friday to throw out a proposed class action claiming its juices and fruit spreads are mislabeled in a way that makes the products “illegal” to possess, arguing the named plaintiffs haven’t actually been harmed in any way.

  • June 29, 2015

    NJ Senate OKs Measure To Restrict Use Of ExxonMobil Fund

    The New Jersey Senate approved a resolution Monday that would ensure that all money received from contamination settlements, such as the $225 million ExxonMobil Corp. settlement, is used for environmental purposes, with no risk of being transferred to the general budget.

  • June 29, 2015

    Fiat Chrysler Recalls SUVs Over Suspension Concerns

    Fiat Chrysler Automobiles US LLC on Sunday announced a recall of around 7,690 new Jeep Grand Cherokee and Dodge Durango SUVs — a handful of which are on the road in the U.S. — that may have a defect in their suspension that could affect braking.

Expert Analysis

  • Hot Environmental Issues In Real Estate Transactions

    Susan P. Phillips

    Since its inception in the 1970s, environmental law with respect to real estate has evolved as our understanding of how contaminants impact human health and the environment has changed. Several areas are important to consider in property transfer or financing transactions, say Katy Ward and Susan Phillips of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Controversy Remains In Fla.'s Construction Defect Law

    Jeffrey S. Wertman

    The 2015 amendments to Florida’s construction defect law — while not the dramatic legislative victory sought by the construction industry — contain important refinements to the existing law, even though some of the new requirements remain controversial, says Jeffrey Wertman of Berger Singerman LLP.

  • New Texas Bills Protect Personal Injury Defendants

    Steve Scheve

    Attorneys and companies facing personal injury or wrongful death litigation in Texas state court should take note of two bills recently passed by the Texas Legislature that provide additional tools for defendants, say Steve Scheve and Rebecca Hammerbeck of Reed Smith LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • 9 Reasons Class Counsel Get Their Fee Requests Denied

    Peter E. Masaitis

    What do Scrooge McDuck, Montgomery Burns and plaintiff class action attorneys have in common? They can sometimes be a tad greedy. When counsel appear to be putting their own interest in collecting a large fee award in front of the interests of class members, courts are likely to say try again. Several recent examples highlight the top reasons why courts are likely to reject a proposed settlement, says Peter Masaitis of Alston & Bird LLP.

  • 11th Circ. Doesn't Corral Small-Dollar Class Actions

    E. Colin Thompson

    The Eleventh Circuit's unpublished, nonbinding decision in Karhu v. Vital Pharmaceuticals Inc. provides defendants more ammo in challenging the certification of classes of purchasers of small-dollar products and services, but it will not necessarily discourage the filing of such actions in the circuit, says Colin Thompson of DLA Piper LLP.

  • Toy Safety Regulation Should Be Left To The Federal Gov't

    Matthew Cohen

    Every so often counties decide to legislate on matters involving consumer product safety and a trend like the recent one in New York begins. Unfortunately, these laws introduced and considered by localities tend to be more about politics and headlines than safety and have little effect on actually improving the safety of children’s products, says Matthew Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.

  • Courts Are Distilling The Essence Of 'Handmade' Spirits

    Christine A. Scheuneman

    Depending on how an alcoholic beverage is actually made, a maker may have a better chance of qualifying as “handmade” under certain definitions. Because Maker’s Mark was able to claim that its product is made from scratch and in small, carefully tended batches, it was able to overcome two of the definitions of handmade offered by the plaintiffs in Salters v. Beam Suntory Inc., say Christine Scheuneman and Elaine Lee of Pillsbury Wi... (continued)

  • A Tale Of Two Cases For Calif. Additional Insured Carriers

    Elizabeth Terrill

    Travelers Casualty & Surety Co. of America and Centex Homes have been battling it out on the issue of the rights and obligations of an additional insured carrier in construction defect litigation, filing a multitude of actions against each other throughout California. Two trial courts have reached very different conclusions regarding whether Travelers, or any AI carrier, has the obligation to defend pursuant to an accepted AI throu... (continued)