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Product Liability
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May 23, 2013
$4M Deal In Hair Product Formaldehyde Suit Nears Approval
A California judge on Thursday indicated he will approve a $4.3 million settlement of a consumer class action alleging the maker of the popular hair-straightening product Brazilian Blowout failed to disclose it emits formaldehyde gas, saying the parties had resolved his concerns about the proposed deal.
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May 23, 2013
DC Circ. Urged To Toss Challenge To OSHA Hazmat Regs
A union for Goodyear Tire & Rubber Co. employees on Tuesday urged the D.C. Circuit to deny an effort to overturn U.S. Occupational Safety and Health Administration rule revisions that say government-mandated hazardous materials warnings do not preempt personal injury suits.
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May 23, 2013
New Bill Saps States Of Chemical Safety Oversight Powers
Under the chemical safety reform bill unveiled Wednesday, states and cities would give up to the U.S. Environmental Protection Agency nearly all of their ability to ban dangerous chemicals or require safety testing, and the little power they did preserve would be prone to challenges from chemical makers.
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May 23, 2013
Donziger Loses Bid To Delay $19B Chevron Case
A federal judge on Thursday refused to delay Chevron Corp.’s case against Steven Donziger, the lawyer accused of using fraud to win a $19 billion pollution judgment against the oil company, despite Donziger’s pleas for more time.
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May 23, 2013
Travelers Can't Duck $11.5M Construction Damage Coverage
A Colorado federal judge on Thursday refused to let Travelers Insurance Co. avoid covering a construction company's $11.5 million property damage settlement with a homeowner's association, ruling that Travelers could not show that the firm is an exempt commercial policyholder.
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May 23, 2013
No Future For Climate Change Torts, Attys Say
With the U.S. Supreme Court and the Fifth Circuit recently pulling the plug on suits blaming energy companies for spewing greenhouse gas emissions that cause global warming and extreme weather, attorneys say the pursuit of climate change tort litigation is approaching a dead end, leaving legislation and regulation as the only viable outlets to tackle the issue.
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May 23, 2013
Chevron Investors Seek SEC Probe Over $19B Ecuador Battle
A coalition of Chevron Corp. shareholders asked the U.S. Securities and Exchange Commission on Thursday to investigate the oil giant over allegations it has misled investors about the potential impact of a bitterly contested $19 billion Amazonian pollution judgment.
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May 23, 2013
Dems Push Tougher Anti-Concussion Equipment Standards
Two Democratic lawmakers introduced legislation on Wednesday that would direct the U.S. Consumer Product Safety Commission to issue mandatory safety standards if manufacturers do not adopt new voluntary standards for helmets and other equipment that protects against concussions.
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May 23, 2013
FDA Bans Certain Imports From Indian Drugmaker Wockhardt
The U.S. Food and Drug Administration on Wednesday blocked certain imports from India-based drugmaker Wockhardt Ltd. after inspections allegedly turned up violations of good manufacturing practices.
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May 23, 2013
Daiichi Sankyo Mulls Legal Action Over Ranbaxy Settlements
Daiichi Sankyo Co. Ltd. is weighing litigation against certain former shareholders of its majority-owned Ranbaxy Laboratories Ltd., saying Wednesday that it believed the shareholders had covered up critical information over tainted drug investigations leading to a recent $500 million U.S. civil and criminal settlement.
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May 23, 2013
NY Senate Approves Standards For Cadmium In Kids' Jewelry
The New York State Senate on Thursday took another shot at regulating cadmium, lead, nickel and other metals found in children's jewelry, unanimously passing a bill to adopt recent federal standards, but Assembly Democrats may pass over it in favor of a stronger measure.
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May 23, 2013
Lexington Escapes $11.5M Salt Mine Flood Coverage Suit
A Kansas federal judge has freed Lexington Insurance Co. from covering $11.5 million in salt mine water damage, ruling Wednesday that the mine owner should have reported the water inflow issues when they first occurred rather than waiting until catastrophic flooding was imminent.
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May 23, 2013
9th Circ. Revives Insurer's Monorail Fire Suit
The Ninth Circuit on Wednesday resurrected Affiliated FM Insurance Co.'s suit alleging LTK Consulting Services Inc.'s work on the Seattle monorail led to a 2004 fire, finding there were still too many disputed facts to determine whether Affiliated's claims were time-barred.
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May 23, 2013
Pa. Rep. Pushes Bill To Track Fracking Health Effects
Following a hearing in which experts accused Pennsylvania regulators of inadequately protecting public health and the environment from the effects of Marcellus Shale drilling, organizer Rep. Greg Vitali, D-Delaware, announced Wednesday that he would push legislation expanding the responsibilities of the state's health agency.
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May 23, 2013
Kramer Settles Fungi-Nail False Ad Suit
Kramer Laboratories Inc. on Wednesday settled a proposed class action accusing it of tricking consumers into believing its Fungi-Nail products can cure nail fungus.
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May 22, 2013
Cooley Boosts Litigation Team With DLA Piper Enviro Atty
Cooley LLP said Wednesday it added a DLA Piper attorney with expertise in environmental, product liability and real estate suits to ramp up its national litigation practice in San Diego.
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May 22, 2013
Nautilus Wants Out Of Covering E.Coli Outbreak At NC Fair
Nautilus Insurance Co. filed a complaint Monday to avoid defending a North Carolina county fair and a petting zoo operator against four lawsuits brought over an E. coli outbreak last fall.
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May 22, 2013
Regulators Eye Crackdown On Rising Use Of Tobacco Discounts
Tobacco companies are relying more on pricing discounts to sell cigarettes, the Federal Trade Commission reported Tuesday, a practice experts say may be the next target of regulators and lawmakers under increasing pressure from public health advocates to curb the industry's favorite marketing tactic.
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May 22, 2013
Smucker Accused Of Making Bogus 'All-Natural' Claims
The J.M. Smucker Co. was hit with a putative class action Tuesday alleging it falsely touts Crisco cooking oils as all natural even though they're made using genetically modified crops and heavy processing.
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May 22, 2013
FDA Panel Clears Merck Insomnia Drug At Lower Dose
A U.S. Food and Drug Administration advisory panel on Wednesday recommended the regulator approve Merck & Co. Inc.’s proposed insomnia drug suvorexant, but only at the lower of two suggested dosages, finding the drug was unsafe at a higher dose.
Expert Analysis
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Bronchiolitis Obliterans Cases Continue To Pop Up
With extensive numbers of researchers and plaintiffs’ attorneys focused on bronchiolitis obliterans, a quickly expanding respiratory condition often viewed as unique to microwave popcorn and flavoring industries, it is certain that this serious disease will continue to be a subject of scrutiny for employers and manufacturers across numerous industries, say attorneys with Dinsmore & Shohl LLP.
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The Starstruck Medical Causation Trend
In the technical sense, medical causation answers whether an accused substance brought about some alleged disease. But rarely are the central causal allegations in major toxic torts purely courtroom affairs — publicity and politics now drive the litigation, with plaintiff verdicts begetting more publicity, says James Sabovich of Gibson Dunn & Crutcher LLP.
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Digging Into The Duty To Mine Big Data
Data mining has led, and will lead to, startling discoveries in the sciences. In the law, it may well lead to startling liabilities, especially if defendants are made to pay for harms foreseeable only by the most powerful software available, says David Oliver of Vorys Sater Seymour and Pease LLP.
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An Opportunity To Limit Prop 65 Abuse
The long-awaited proposed reforms to California's Proposition 65 are welcome and needed as they would greatly reduce the number of frivolous Prop. 65 lawsuits and alleviate the defense costs for manufacturers, says Mark Johnson of Alston & Bird LLP.
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Ill.'s Unclear Endorsement For Asbestos-Injury Losses
The Illinois appellate court decision in John Crane Inc. v. Admiral Insurance Co. on joint and several liability of excess insurers covering asbestos-related injury claims left several questions unanswered — most importantly, regarding separate injury triggers and the "all sums with stacking" approach, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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The Growing Problem Of Fishy Labeling
As evidenced by a recent study conducted by Oceana, mislabeled seafood appears to be a widespread problem that can adversely affect both the public interest and individual consumers’ wallets, health and socially responsible purchasing precepts, say attorneys with Arnold & Porter LLP.
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Not Subject To Ill. Court Jurisdiction? Think Again
The Illinois Supreme Court's ruling in Russell v. SNFA is troubling to part manufacturers as it suggests that an Illinois court can now find a part supplier bound to the marketing and distribution systems of its clients, regardless of where the end product is marketed, and find personal jurisdiction over the supplier, say attorneys with Locke Lord LLP.
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Get Ready For Stricter RMP Enforcement
The recent $4 million settlement by Tyson Foods Inc. represents one of the largest penalties for a stand-alone risk management program enforcement case since the provision was added to the Clean Air Act in 1990. This case also exemplifies the U.S. Environmental Protection Agency’s increasing focus on RMP compliance and its intention to seek ever-larger penalties for RMP violations, say attorneys with Kilpatrick Townsend Stockton LLP.
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Calif. To Draw The Lines In Disparagement Liability
The California Supreme Court's upcoming decision in Hartford Casualty Insurance Co. v. Swift Distribution Inc. will resolve a hot debate about the scope of implied disparagement liability under California law, likely determining whether insurers must defend lawsuits involving allegations of intellectual property infringement, unfair competition and false advertising, says Tyler Gerking of Farella Braun & Martel LLP.