Product Liability

  • April 17, 2015

    High Court Urged To Reject Teva, Pliva Reglan Petitions

    A generic Reglan mass tort plaintiff has urged the U.S. Supreme Court to reject Teva Inc. and Pliva Inc.’s petition to overturn a Pennsylvania court’s holding that plaintiffs’ claims weren’t preempted by federal law, arguing there was no final judgment to be appealed.

  • April 17, 2015

    Ford Prevails In Suit Over Taurus Rear-End Design

    A California state jury found in favor of Ford Motor Co. in a suit seeking $18 million that alleged that the defective rear structure of a Ford Taurus caused a 13-year-old boy’s brain damage in a car accident in 2000.

  • April 17, 2015

    High Court Urged To Hear Chiquita War Crime Row

    Relatives of hundreds killed by a Colombian paramilitary group have again urged the U.S. Supreme Court to review a decision tossing their multidistrict litigation against Chiquita Brands International Inc., arguing that a recent Eleventh Circuit ruling showed there is a circuit split regarding the application of the Alien Tort Statute.

  • April 17, 2015

    J&J Can't Dodge $63M Verdict In Children's Motrin Case

    Massachusetts' highest court on Friday upheld a $63 million jury verdict against Johnson & Johnson for allegedly inadequate warnings about the health risks posed by its fever and pain drug Children's Motrin, finding that the Supreme Court's landmark Levine decision did not preempt the plaintiffs' claims.

  • April 17, 2015

    AMS Settles More Than 350 Vaginal Mesh Suits

    Endo International PLC on Friday told the West Virginia federal judge overseeing the multidistrict litigation over Endo’s American Medical Systems Inc. subsidiary's allegedly harmful vaginal mesh products that it had reached settlements with more than 350 plaintiffs.

  • April 17, 2015

    Pa. Appeals Court Affirms $4.8M In Asbestos Verdicts

    A Pennsylvania appeals court on Friday affirmed $4.8 million in damages verdicts for two women who had filed suit over their husbands’ development of mesothelioma after long-term exposure to asbestos, finding the plaintiffs hadn’t cashed in twice for the same damages.

  • April 17, 2015

    FDA Should Ease Off-Label Regs Before Courts Do: PhRMA GC

    The U.S. Food and Drug Administration can reduce the odds of a sweeping court decision that shields drugmaker promotion if it takes modest steps to relax restrictions on commercial speech about off-label uses, the general counsel for trade group Pharmaceutical Research and Manufacturers of America tells Law360.

  • April 17, 2015

    Jury Vindicates Pfizer In First Zoloft Birth Defect Trial

    Pfizer Inc. notched a victory Friday in the first trial over the alleged birth defect risks of its blockbuster antidepressant drug Zoloft, when a state jury in St. Louis shot down claims by a woman who had argued that taking the medication during her pregnancy caused her son's heart problems. 

  • April 17, 2015

    3 Takeaways For Activists From 3rd Circ. Wal-Mart Ruling

    The Third Circuit's ruling against a Wal-Mart Inc. shareholder that tried to force the retail giant's board to tighten oversight on sales of firearms and other potentially offensive products struck down activist shareholders' hopes that a precedential decision was on the horizon concerning what could be considered "ordinary business activity." Here, Law360 looks at three takeaways from the Third Circuit's decision.

  • April 17, 2015

    Tribal Casino Evades Wrongful Death Suit Over Jurisdiction

    A Mississippi federal judge tossed a wrongful death suit against a tribal casino Friday, saying federal courts lacked jurisdiction because the Choctaw tribe and its casino were not citizens of any state.

  • April 17, 2015

    After FTC Fine, Cactus Juice Co. Loses Bid For Trademark

    A year after the Federal Trade Commission fined supplement maker TriVita Inc. $3.5 million for making unsupported health claims about its Nopalea cactus juice drink, a federal appeals court on Friday also refused to give the company a trademark registration on the juice name.

  • April 17, 2015

    Eli Lilly Beats Cymbalta Withdrawal Risk Suit

    Eli Lily Pharmaceutal Co. persuaded a Texas federal court Thursday to throw out a proposed class action by a woman claiming its antidepressant Cymbalta caused withdrawal symptoms that she said the drugmaker did not sufficiently warn about.

  • April 17, 2015

    Canadian High Court Squashes HIV Drug Securities Suit

    The Supreme Court of Canada on Friday granted an appeal to pharmaceutical company Theratechnologies Inc., halting class action proceedings against the drug manufacturer and individual defendants accusing them of misleading investors about the side effects of a new drug aimed at reducing excess abdominal fat in HIV patients.

  • April 17, 2015

    GM, Treasury Blast Watchdog's Effort To Snag Bailout Emails

    General Motors Co. and the U.S. Treasury told a D.C. federal court Thursday a private watchdog group’s Freedom of Information Act suit seeking emails on the government’s 2009 bailout negotiations with automakers must be shut down, saying allegedly damning new information on the negotiations produced by the group is tangential and adds nothing to their argument.

  • April 17, 2015

    P&G Urges High Court To Stay Out Of Fixodent Evidence Claim

    The Procter & Gamble Manufacturing Co. has asked the U.S. Supreme Court not to hear two multidistrict litigation plaintiffs’ claim that they should have been allowed to introduce scientific evidence to support allegations that high levels of zinc in the company’s Fixodent denture cream have caused neurological impairment.

  • April 17, 2015

    Vilsack Says USDA Out Of Options On Meat Label Tweaks

    U.S. Agriculture Secretary Tom Vilsack said Thursday that Congress will have to act if a controversial set of U.S. meat labeling laws is again defeated at the World Trade Organization, making clear that his agency is not in a position to make any more changes at an administrative level.

  • April 17, 2015

    Chrysler Seeks Exit From Alternator Defect Class Action

    FCA US LLC, formerly Chrysler Group LLC, asked an Arkansas federal judge on Thursday to dismiss a proposed alternator defect class action against it, arguing the lead plaintiff hasn’t alleged she spent any money to fix the alternator in her Dodge Charger and, as a result, she cannot prove she suffered any damages.

  • April 16, 2015

    GM May Dodge Punitive Damages With Bankruptcy Shield

    In upholding General Motors Co.'s shield blocking suits over actions that occurred before the auto giant's 2009 collapse, a New York bankruptcy judge may have precluded plaintiffs in litigation over the carmaker's deadly ignition switch defect from arguing a continuing pattern of deception, an argument they need to put New GM on the hook for hefty punitive damages.

  • April 16, 2015

    Pliva's Win In 5th Circ. Is A Blueprint To Beat 'Off-Label' Suits

    The Fifth Circuit recently freed Pliva Inc. and other generic-drug makers from claims that their off-label promotion of a generic heartburn drug to treat morning sickness was "dangerous" and led to birth defects. Attorneys say that even though the ruling isn't precedential, it outlines an effective litigation strategy for generic companies that have lately had to field more claims over their marketing.

  • April 16, 2015

    $150M In Transocean Excess Coverage Tapped, Judge Says

    A Louisiana federal judge overseeing the Deepwater Horizon oil spill multidistrict litigation found Thursday that certain underwriters at Lloyd's of London and various insurance companies have satisfied their obligations under excess policies providing $150 million in coverage to Transocean Ltd.

Expert Analysis

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Calif. Retailers Better Check Their Supply Chains

    Stephanie A. Sheridan

    The California Department of Justice's recent letter campaign targeting retailers and manufacturers centers around the Transparency in Supply Chains Act. This is California's first step in enforcing the law and we have reason to believe over 100 companies were targeted, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • OPINION: Donziger's Case Against Chevron, In His Own Words

    Steven R. Donziger

    With all eyes on the Second Circuit this Monday when oral arguments begin in the appeal of Judge Lewis Kaplan's decision in Chevron Corp.'s RICO case against Steven Donziger and two of his clients from the Ecuadorian rainforest, the plaintiffs attorney for the first time offers his view, in detail, of the decades-long, multibillion-dollar Lago Agrio oil field pollution case.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • Let The Buyer And Retailer Beware Of Pricing Practices

    Stephanie A. Sheridan

    Although recent decisions involving Nordstrom Inc. and Neiman Marcus Group Ltd. LLC held that outlet “compare at” prices do not deceptively suggest that an item was originally sold at the retailers' full-priced stores, actions involving inflated manufacturer's suggested retail price, or “original” prices, show that retailers may still be liable for exaggerating any discounts they offer, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Changes To Calif. Prop 65 May Affect Texas Businesses

    Maryann Zaki

    Proposed amendments to Proposition 65 may impose additional chemical warning requirements for companies that do business in California. Detailed warnings also may be required for a growing number of companies based in Texas, including those in the business of petroleum products, gasoline service stations, vehicle repair facilities, diesel engines, raw wood and alcoholic beverages, say David Baay and Maryann Zaki of Sutherland Asbil... (continued)

  • How To Weather Media Inquiries In High-Profile Cases

    Jolie Balido

    Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.

  • Taking Legal Analytics To The Next Level

    Nathalie Hofman

    Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.

  • Looking Under Fracking's Surface: Part 3

    Duke K. McCall III

    Despite similarities in the findings of environmental analyses by New York and California, the two states ultimately adopted very different approaches to regulating hydraulic fracturing — the former chose a restrictive approach, banning the practice within its boundaries, while the latter chose a pragmatic way that allows fracking subject to certain restrictions, say attorneys at Morgan Lewis & Bockius LLP.

  • 'Cosmeceutical' Classification In Regulatory Crosshairs

    Charles J. Andres

    In order to gain a competitive advantage and increase market share, some cosmetics companies have made or advertised their products as being both a cosmetic and a drug — a cosmeceutical. However, subjective and objective claims about such products may come under scrutiny from the U.S. Food and Drug Administration as it does not recognize this classification, say David Hoffmeister and Charles Andres of Wilson Sonsini Goodrich & Rosati PC.