Product Liability

  • August 28, 2015

    Drug Cos. Win Stay Of False Ad Suit Over Painkiller Safety

    A California state judge on Thursday halted a suit filed by Orange and Santa Clara Counties accusing Purdue Pharma LP and other drugmakers of dishonestly marketing opioid painkillers like Oxycontin, deferring to a pending inquiry by the U.S. Food and Drug Administration.

  • August 28, 2015

    Yamaha Wants High Court To Nix Jury's $3.3M Crash Verdict

    Yamaha Motor Corp. USA has urged the U.S. Supreme Court to take up its appeal of a $3.3 million judgment in favor of a woman injured when her Rhino off-road vehicle flipped over, saying Alabama Supreme Court justices wrongfully upheld the judgment in spite of a prior decision by the nation's highest court.

  • August 28, 2015

    First FSMA Final Rules Bring Clarity To Embattled Food Cos.

    The U.S. Food and Drug Administration's preventive control rules on food contamination are the first two major rules under the Food Safety Modernization Act to become final, a key component of the historic reform that attorneys say will bring a measure of clarity to an industry grappling with litigation and lack of regulatory guidance.

  • August 28, 2015

    Ford's Vague Privilege Log Isn't Sanctionable Yet, Judge Says

    A West Virginia federal judge declined to sanction Ford Motor Co. Friday for its vague privilege log in three sudden acceleration class actions, but ordered the automaker to update the log or risk waiving its privilege rights.

  • August 28, 2015

    No Stay For Late Hockey Player's Parents, NHL Atty Says

    An attorney for the National Hockey League told an Illinois federal judge Friday that the parents of late hockey player Derek Boogaard have failed to show that a suit over their son’s head injuries and drug addiction should be stayed so they can add evidence relating to federal preemption.

  • August 28, 2015

    Bayer Must Face Mo. Mirena Suit After Calif. Claims Nixed

    Bayer Healthcare Pharmaceuticals Inc. lost a bid to toss a Missouri lawsuit filed by a woman over complications with her Mirena intrauterine device when the New York federal judge overseeing the multidistrict litigation refused to nix the claims on the grounds that her California lawsuit had already been dismissed.

  • August 28, 2015

    Takeda Tells Jury Studies Tying Actos To Cancer Are Flawed

    An attorney for Takeda Pharmaceutical Co. Ltd. on Friday told jurors that two men who developed bladder cancer after taking the company's diabetes drug Actos rely on second-rate science in their bid to link the medication to their ailments, adding that both men had other risk factors including tobacco use.

  • August 28, 2015

    Litigation Mounts For PSE&G After Deadly NJ Explosion

    Another negligence lawsuit has added to the mounting litigation Public Service Electric and Gas Co. and a utility maintenance contractor are facing over deadly explosion in New Jersey last year, this one by a couple who claims the blast cost them their pet dog, all of their possessions and their jobs.

  • August 28, 2015

    NJ Toy Co. Faces Whistleblower Suit From Ex-Sourcing Worker

    A former sourcing employee for a New Jersey-based toy manufacturer and distributor has slapped the company with a whistleblower suit in state court, claiming he was wrongly fired for speaking out about alleged choking-hazard and audit violations.

  • August 28, 2015

    Amarin, FDA To Discuss Settling Off-Label Promotion Dispute

    Amarin Pharma Inc. and the U.S. Food and Drug Administration have agreed to discuss settlement options following the company's landmark win in a suit in which a New York federal judge upheld drugmakers' right to truthfully promote their products' unapproved uses, Amarin's lawyers said in a Friday letter.

  • August 28, 2015

    ArcelorMittal Moves To Nix Noxious Odors Suit

    One of ArcelorMittal USA Inc.’s factories in Pennsylvania on Thursday retaliated against a proposed class of residents accusing the steel manufacturer of polluting their environment with noxious odors and air particulates, saying that the proposed class failed to demonstrate that the alleged emissions actually originated from its facility.

  • August 28, 2015

    Ford Hybrid Engine Recall Spurred By Defect Suit, Class Says

    A proposed class alleging Ford Motor Co.’s hybrid vehicles have a defect in their engine-cooling systems told a California federal court Thursday that the automaker hasn’t shown their suit wasn’t a significant factor when it later recalled the vehicles, renewing their bid for attorneys’ fees.

  • August 28, 2015

    GM Ignition Defect Judge To Watch Valukas Depo Like A Hawk

    U.S. District Judge Jesse M. Furman said Friday he will be on the other end of a hotline on Sept. 24 to address real-time questions of attorney-client privilege as a key deposition of Jenner & Block LLP chair Anton Valukas, who led the automaker's controversial internal investigation into a slow recall of faulty ignition switches, unfolds.

  • August 28, 2015

    Eli Lilly Asks Judge For Win In Cymbalta Labeling Row

    A Virginia federal judge on Friday found that two women suing Eli Lilly and Co. for allegedly misrepresenting the withdrawal risks of its antidepressant drug Cymbalta had failed to present enough jury evidence to support their fraud claims, tossing them from court but keeping alive a negligence allegation.

  • August 28, 2015

    Coke Wants 2nd Shot At Icing Juice Blend Class Action

    The Coca-Cola Co. on Thursday urged a California federal judge to reconsider his denial of its motion for summary judgment in a proposed class action over the company’s marketing of a Minute Maid brand juice blend, claiming that a Florida federal court has since ruled that identical claims were preempted by federal regulations.

  • August 28, 2015

    5 Dos And Don'ts For Employers After NJ's Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

  • August 27, 2015

    Takeda Hid Link Between Actos And Cancer, Nev. Jury Told

    Attorneys for a man who developed bladder cancer and the wife of another man who died of the disease urged a Nevada jury during opening arguments Thursday to find Takeda Pharmaceutical Co. Ltd. liable for the men's ailments, saying the company hid the link between its diabetes drug Actos and cancer.

  • August 27, 2015

    Toyota Escapes $9M Liability Over Arizona Forklift Accident

    Toyota Industrial Corporation Inc. secured its exit from a $9 million negligence and liability lawsuit Wednesday after an Arizona state jury found that a forklift built by the company wasn’t to blame for a 2011 accident in which the lift tipped over, pinning the driver and leaving him with permanent injuries.

  • August 27, 2015

    'Mayo' Co. Faces Steep Road Against FDA Labeling Rules

    The purveyor of an eggless condiment called "Just Mayo" believes it can resolve the U.S. Food and Drug Administration's scrutiny over the name without having to change it, but food labeling attorneys say that federal food definitions are too clear-cut for the agency to allow such a compromise. 

  • August 27, 2015

    RJ Reynolds Caused Decorated Veteran's Cancer, Jury Told

    Attorneys for the family of a decorated U.S. Air Force sergeant who died of cancer urged a Florida jury on Thursday to find R.J. Reynolds Tobacco Co. liable for his death, saying the company hid the risks of cigarette use for decades.

Expert Analysis

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Fluor Ruling Is Good News For Calif. Policyholders

    Richard DeNatale

    Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.

  • 4 Successor Liability Pitfalls Manufacturers Should Avoid

    David J. Weiner

    The Seventh Circuit’s recent decision in Thornton v. M7 Aerospace LP shines a spotlight on two important bases for tort liability — successor liability and the voluntary undertaking doctrine — and provides a blueprint for how companies can better predict and limit their liabilities in situations when they might not think they are subject to a suit, says David Weiner at Arnold & Porter LLP.

  • Legal Hazards On The Golf Course

    Leon B. Silver

    Golf hazards — and not just sand or water — can lead to serious injuries and even death. Luckily for weekend duffers, an individual golfer is rarely held liable for a bad shot, but golf course owners could end up in the bunker for damages, say Leon Silver and Andrew Jacob at Gordon & Rees LLP.

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • The Daubert Standard In Fla. — 2 Years On

    Chris Torres

    Two years after Florida’s game-changing adoption of the Daubert standard in July 2013 for the admissibility of expert opinions, there are a only limited number of Florida cases on the new evidence code, but those that exist express important, fundamental principles that should be appreciated by many practitioners on all sides of a case, says Christopher Torres at Greenberg Traurig LLP.

  • How Restaurants And Bars Can Avoid Allergy Risks

    William E. Adams

    As awareness surrounding the issue grows, restaurants should be concerned over the growing population of patrons — around 15 million Americans — with specific food allergies. William Adams and Rana Nader at Michelman & Robinson LLP share some simple ways that restaurants and bars can minimize liability from potential customer food allergies.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • Successor Liability In Calif.: Where To Point The Finger

    Richard M. Williams

    When one product manufacturer or distributor acquires another, which party should assume the existing debt and/or ongoing liabilities — the buyer or the seller? Originating in California and adopted in four other states, the product line successor exception is one way to answer that question, says Richard Williams at Gray Duffy LLP.