Product Liability

  • August 31, 2016

    FDA Adds Black Box Warnings About Mixing Opioids, Benzos

    The U.S. Food and Drug Administration on Wednesday mandated updated labels for nearly 400 opioids and benzodiazepines following a review of scientific evidence and a citizen petition from health officials across the nation arguing that combining the drug classes increases the risk of addiction and death.

  • August 31, 2016

    Sens. Seek NTSB Probe Of Takata-Linked Truck Explosion

    U.S. Sens. Richard Blumenthal, D-Conn., and Edward J. Markey, D-Mass., on Wednesday urged the National Transportation Safety Board to investigate the deadly explosion of a truck carrying recalled Takata Corp. air bag parts last week.

  • August 31, 2016

    Blood Sugar Monitor Maker Hit With Suit Over Car Crash

    A North Carolina man who passed out behind the wheel and crashed when his blood sugar monitor allegedly failed to alert him of low blood sugar levels hit Dexcom Inc. with what’s believed to be the first suit over the recalled device in state court on Tuesday.

  • August 31, 2016

    Final Bellwether Trials Picked In Syngenta Tainted Seed MDL

    Corn producers and nonproducers' bellwether cases are now set in multidistrict litigation alleging Syngenta AG tainted corn exports to China with genetically modified seed and cost the industry upwards of $1 billion, according to filings Tuesday in Kansas federal court.

  • August 31, 2016

    DuPont Can't Decelerate 'Group Of 40' Cancer Trials

    An Ohio federal judge said Tuesday he would not reconsider fast-tracking to trial two more cases in multidistrict litigation stemming from DuPont’s alleged dumping of toxic Teflon chemicals, rejecting the company's argument that lack of preparation time would prejudice DuPont.

  • August 31, 2016

    Kinder Morgan Unit Fined $198K For Pipeline Safety Lapses

    Federal pipeline safety regulators on Tuesday proposed $198,000 in civil penalties for a Kinder Morgan Inc. unit after an inspection of three of the company's hazardous liquids pipelines in Wyoming revealed several possible safety violations.

  • August 31, 2016

    Pepsi Settlement Gets Final OK In Carcinogen Suit

    A California federal judge on Tuesday handed a class action alleging PepsiCo Inc. soft drinks contained elevated levels of a potential carcinogen the final seal of approval in a settlement that’ll see the beverage giant begin monitoring the levels of caramel coloring in its products.

  • August 30, 2016

    Plavix Ruling Cements Calif. As Center For Mass Torts

    The California Supreme Court’s ruling that state courts have jurisdiction to hear out-of-state residents’ claims that they were injured by Bristol-Myers Squibb Co.’s blood-thinner drug Plavix expands the scope of specific personal jurisdiction and cements the Golden State’s status as a battleground for mass torts, attorneys said on Tuesday.

  • August 30, 2016

    Dozens Barred From Suing Developer Over Septic Problems

    A New Jersey state judge on Tuesday dismissed consumer fraud claims brought against a developer by nearly four dozen homeowners over their inadequate septic systems, saying the claims are time-barred because the plaintiffs filed their complaints more than a decade after the homes were completed.

  • August 30, 2016

    Endo Vitamin Buyers Reach $15.5M Settlement Agreement

    People who bought Endo Health Solutions multivitamins that allegedly didn’t have as much fluoride as advertised on the label will share in a $15.5 million proposed settlement, according to documents filed in their proposed class action in New York federal court.

  • August 30, 2016

    Drivers Clash Over Consolidation Site Of Fiat Gearshift MDL

    Carmaker Fiat Chrysler Automobiles and groups of plaintiffs suing it over an alleged gearshift defect sparred Monday over where to centralize the many class actions, with some parties arguing for Michigan — the heart of the American automotive industry — and some for Colorado, a central location where the claims allegedly include the type that gets chosen for bellwethers.

  • August 30, 2016

    EPA OIG Starts Drinking Water Oversight Investigation

    The U.S. Environmental Protection Agency’s internal watchdog said Monday it is beginning an investigation into the EPA’s safe drinking water monitoring program, a move that comes on the heels of a lead-tainted drinking water crisis in Flint, Michigan.

  • August 30, 2016

    Judge Denies Bid To Vacate $1.2M Verdict In Fertilizer Suit

    A Utah federal judge told fertilizer maker Bio Tech Nutrients on Tuesday it can’t escape paying $1.2 million in damages in a suit brought by a fruit orchard that claimed its fertilizers ruined crops, saying just because the jury cleared the company of product liability claims doesn’t mean its products didn’t injure the plants.

  • August 30, 2016

    FDA Warning Wire: Drugmaker VP Removed During Inspection

    This week's top U.S. Food and Drug Administration enforcement news includes a pharmaceutical vice president removed from his position during an inspection, two consumer fatalities linked to lead-tainted dietary supplements, and unauthorized sales of ultracold “cryotherapy.” Here’s a rundown of the developments.

  • August 30, 2016

    Pfizer Wins Dismissal Of Zoloft Birth Defects Suit

    A state judge in West Virginia on Tuesday dismissed one of four remaining suits there alleging Pfizer's antidepressant Zoloft caused a Michigan girl's birth defects, ruling that the claims were not only unsupported by the evidence, they were preempted by federal law.

  • August 30, 2016

    Organic Food Co. Sues Chia Seed Suppliers Over Salmonella

    California-based Navitas LLC filed suit in New York federal court Monday alleging several companies sold it chia seed products that it repackaged and sold under its name, only to find out that they were contaminated with salmonella.

  • August 30, 2016

    Rainmaker Q&A: Patrick McNicholas

    The way I look at it, you’re never really making a pitch. You are entering into a potential relationship. Credibility is king. You must be in command of the facts of that client’s particular situation and in command of the law that’s going to govern that client’s issue, says Patrick McNicholas, a partner with McNicholas & McNicholas LLP.

  • August 30, 2016

    Toxic Tort Suit Not Barred By $5B Tronox Deal, 2nd Circ. Told

    A group of 4,300 Pennsylvania residents on Monday again urged the Second Circuit to revive their toxic tort lawsuit against Kerr-McGee Corp., arguing a $5.15 billion contamination settlement reached during the bankruptcy of its former subsidiary didn't bar the type of claims they're bringing.

  • August 30, 2016

    Builder Can Be Liable To Secondary Buyer, Pa. Court Says

    A Pennsylvania appeals court issued a published decision Monday finding that a homeowner’s purported reliance on a builder’s reputation cleared the way for claims under a state consumer protection law for allegedly faulty construction despite the lack of a formal relationship between the two.

  • August 30, 2016

    Apple Customers Say IPhone 6 Touchscreens Are Defective

    Apple Inc. customers have hit the tech giant with a proposed class action in California federal court alleging that the company has long known of a design defect in the iPhone 6 and iPhone 6 Plus that can cause the touchscreen to stop responding, saying Apple refuses to fix the issue.

Expert Analysis

  • California’s 'Made In The USA' Law: 1 Year Later

    Stephanie Sheridan

    One year ago — on Sept. 1, 2015 — California Governor Jerry Brown signed into law a long-awaited amendment to the state’s “Made in the USA” statute. While some hoped it would dissuade plaintiffs, these claims continue, much to retailers’ chagrin. Luckily, courts in several recent cases have granted motions to dismiss, say attorneys with Sedgwick LLP.

  • On The Horizon: Revisions To Prop 65 Warning Regulations

    Vanessa C. Adriance

    Though California's Office of Environmental Health Hazard Assessment could make additional revisions to its newly proposed Proposition 65 regulations, they appear poised for finalization. This new Article 6 effort represents a major change and update from the prior warning scheme and would have significant consequences for businesses, says Vanessa Adriance of Gibson Dunn & Crutcher LLP.

  • Automated Cars Are Here While Regulators Remain En Route

    Michael R. Nelson

    In response to the rapid development of automated vehicles and the potential lack of National Highway Traffic Safety Administration authority to cope with the new technology, the NHTSA has undertaken expeditious and unconventional efforts toward releasing guidance by the end of the summer. This timetable has caused a ruckus of speculation and miscommunication, say Mike Nelson and Jim Siliman of Sutherland Asbill & Brennan LLP.

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • Challenging No-Injury Class Actions In State Court

    Joshua Briones

    In the wake of the U.S. Supreme Court’s decision in Spokeo, some corporate defendants are concerned that successfully challenging plaintiffs’ Article III standing will merely cause them to refile in state court, which is traditionally viewed as less favorable. However, plaintiffs that cannot articulate a concrete harm in federal court are not likely to establish standing anywhere, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Beware Unsubstantiated Attacks On The 'Bare Metal' Defense

    Michael Haslup

    Defendants must be vigilant to prevent misinterpretation of the holding in May v. Air & Liquid Systems Corp., with respect to the “bare metal” defense in Maryland. The plaintiffs bar is chomping at the bit to broaden the duty to warn far beyond the appeals court's narrow holding, say Michael Haslup and Jonathan Huber of Miles & Stockbridge PC.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • E-Textiles: Regulating The Future Of Fashion

    Lois F. Herzeca

    While smart textiles promise to make our lives easier, more connected and healthier, they inevitably raise concerns about efficacy, safety and security. Sizing up the future of fashion is Lois Herzeca, co-chair of Gibson Dunn & Crutcher LLP's fashion, retail and consumer products practice group.