Practice Areas
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Product Liability
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May 25, 2012
FDA Appeals Death Penalty Drug Ban To DC Circ.
The U.S. Food and Drug Administration asked the D.C. Circuit on Friday to review a decision in favor of death row prisoners who sued the agency in order to halt the importation of an unapproved drug used to carry out executions.
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May 25, 2012
Sen. Seeks Keen Eye On KBR's Use Of Indemnity In Iraq Suits
Sen. Ron Wyden, D-Ore., has asked the U.S. Department of Defense to step up its oversight of defense contractor KBR Inc., which Wyden said is wasting taxpayer money in an effort to drag out lawsuits over soldiers' alleged exposure to toxic chemicals in Iraq.
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May 25, 2012
Calif.'s Proposed Wildfire Liability Cap Sparks Criticism
The U.S. attorney in Sacramento on Thursday attacked a provision in Gov. Jerry Brown's revised California budget seeking to limit damages from wildfire liability, claiming the measure pandered to the timber industry and would undermine the federal government's suit against Sierra Pacific Industries Inc.
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May 25, 2012
NY Grand Jury Pins Pain Pill Abuse On Drugmakers, Doctors
A Suffolk County, N.Y., grand jury released a scathing report Thursday blaming the marketing push of drugmakers and the prescription habits of doctors for a national painkiller abuse epidemic, calling for a federal and state regulatory overhaul to combat the problem.
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May 25, 2012
Human Genome Denies Hiding Suicide Risks In Lupus Drug Case
Biopharmaceutical firm Human Genome Sciences Inc. on Thursday asked a federal judge to scuttle proposed securities class actions accusing it of concealing suicide risks associated with lupus drug Benlysta, saying that investors cherry-picked the public record in a desperate attempt to build a case.
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May 25, 2012
Bracewell Gets Litigation Star From Patton Boggs
Bracewell & Giuliani LLP has added former Judge Joseph M. Cox, an ex-Patton Boggs LLP litigation partner whose practice area ranges from class actions to product liability and everything in between, to its office in Dallas, the firm announced Monday.
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May 25, 2012
Syngenta To Pay $105M To End Herbicide Pollution Claims
Syngenta Crop Protection Inc. has agreed to pay $105 million to as many as 2,000 municipal water systems to settle class action allegations that its herbicide tainted water supplies, the company said Friday.
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May 25, 2012
2nd Circ. Keeps Alive UN Wall Collapse Suit Against Namibia
The Second Circuit on Friday ruled that the southern African nation of Namibia is not immune from an insurance suit brought by USAA Casualty Insurance Co. for alleged violations of New York City building code that led to third-party property damage.
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May 25, 2012
McGuireWoods Adds Toxic Tort Pro From Bowman And Brooke
McGuireWoods LLP has expanded its environmental product liability practice by adding a former Bowman and Brooke LLP partner to its Richmond, Va., office, the firm said.
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May 25, 2012
Judge Pares Chevron's RICO Suit Over $18B Pollution Ruling
A New York federal judge on Thursday further trimmed Chevron Corp.'s suit over an alleged extortion campaign that led to an $18 billion environmental judgment in Ecuadorean court, throwing out multiple claims against environmental consultant Stratus Consulting Inc. while keeping in racketeering and extortion claims.
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May 25, 2012
Europe Clears Roche Cancer Drug After Contamination Report
A European Medicines Agency committee said Friday that problems surrounding bacterial contamination of Roche Holding AG cancer drug MabThera have been resolved and that the tainted product never posed a direct threat to human health.
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May 24, 2012
Study Links Calcium Products To Higher Heart Risks
A study published Wednesday found that the use of calcium supplements may increase the risk of heart attack, opening up Pfizer Inc., GlaxoSmithKline and other makers of the products to possible lawsuits.
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May 24, 2012
Hennessy Stems Tide Of Calif. Asbestos Losses
A California appeals court affirmed Tuesday that Hennessy Industries Inc. is not liable for injuries allegedly caused by company machinery that released asbestos from car brake parts, countering a string of recent decisions on the matter and potentially narrowing their applicability.
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May 24, 2012
Lab Tied To Eye Infections Halts Sterile Drug Production
A Florida pharmacy connected with a recent outbreak of fungal eye infections has recalled all of its sterile drugs and shut down its sterile compounding business, it announced Thursday, after regulators found microbes and fungus at its facility.
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May 24, 2012
Ford, Honeywell Win Big In Pa. Asbestos Test Case
The Pennsylvania Supreme Court handed Ford Motor Co. and Honeywell International Inc. a significant victory on Wednesday with the dismissal of a deceased auto mechanic's lawsuit that was considered a test case as to how asbestos-related mesothelioma lawsuits are prosecuted.
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May 24, 2012
Massey Case On Brink Of Trial After Failed Mediation
Claims by hundreds of West Virginia residents against Massey Energy Co. for health problems tied to alleged water contamination could be headed to trial next month after the mining giant failed to reach a settlement in a consolidated class action earlier this week.
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May 24, 2012
Offshore Driller Noble Makes Peace In $50M Wire Defect Suit
Noble Drilling Services Inc. settled on Thursday a $50 million wire defect suit alleging wire ropes made by Bridon-American Corp. and distributed by Certex USA Inc. snapped and damaged the company's oil rigs.
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May 24, 2012
GM Recalls 4,300 Chevy Malibus Over Airbag Problem
General Motors Co. is launching a recall of some 4,304 2013 Chevrolet Malibu sedans because of a software defect that can affect the operation of the cars’ side airbags, a traffic safety regulator said Wednesday.
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May 23, 2012
Paramount Pays $19M To End 'Transformers 3' Head Injury Suit
An Illinois judge on Wednesday approved a $18.5 million settlement between Paramount Pictures Corp. and a Chicago woman who suffered a serious head injury during her work as an extra on the set of the 2011 movie "Transformers 3," according to Wednesday news reports.
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May 23, 2012
FDA Panel Won't Back J&J's Xarelto For ACS Patients
In a 6-4 decision, a U.S. Food and Drug Administration advisory committee on Wednesday recommended against approving Johnson & Johnson and Bayer AG blood thinner Xarelto for patients with acute coronary syndrome.
Expert Analysis
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Tightening FDA Nanotech Regs On Food, Cosmetics
The U.S. Food and Drug Administration has issued two draft guidance documents relating to the use of nanotechnology in food and food packaging and cosmetics. While food, food additive and food packaging manufacturers are used to more regulation, traditionally less regulated cosmetics manufacturers will have to adjust their safety testing practices if they plan to incorporate nanomaterials in their products, says Lynn Tyler of Barnes & Thornburg LLP.
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The TSCA, Lead And The Division Of The Hazardous Bullet
Environmental advocacy groups have petitioned the U.S. Environmental Protection Agency to ban lead bullets under the Toxic Substances Control Act. Though there are legitimate concerns over risk to health and wildlife from the firing of cartridges containing lead, a statute that expressly prohibits its application to “shells and cartridges” is not the vehicle to address these concerns, say James Sabovich and Heather Hearne of Gibson Dunn & Crutcher LLP.
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Upholding CWA Negligence Standard In The 5th Circuit
In U.S. v. Pruett, the Fifth Circuit has distinguished, but not overruled, Ahmad, in holding that an offense of the Clean Water Act explicitly requires negligence. This will be important in the Fifth Circuit to the extent a future defendant in that jurisdiction must defend against a knowing violation of the CWA, says Kimberly Bick of Irell & Manella LLP.
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An Unprecedented Settlement For FDCA Violation
In a departure from past U.S. Department of Justice practices, the plea agreement to which Abbott Laboratories is subject — for pleading guilty to a misdemeanor under the Food, Drug and Cosmetic Act — imposes on Abbott court-supervised probation for a period of up to five years. This new development has a number of potential ramifications for drug and device companies, say attorneys with Debevoise & Plimpton LLP.
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Best Practices For Corporate Social Responsibility
As with many industries, the legal services industry has adapted to the demand for sustainability practices. An effective Corporate Social Responsibility program will manifest itself in all strategic planning, from best firm employee practices and environmental sustainability to providing legal services, recruiting and retention of employees, business development, marketing and philanthropy, says Howard Dakoff of Levenfeld Pearlstein LLC.
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Finding Jurisdiction Over Foreign Defendants — Online
The advent of the Internet has led plaintiffs, in cases brought before courts in their home states, to attempt to assert jurisdiction over companies operating entirely outside the state based on the contacts constituted by the existence of a website maintained by the defendant. Companies whose Internet activities and presence are not limited solely to advertising are faced with considerable uncertainty as to their exposure, say attorneys with McDermott Will & Emery LLP.
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A Duty To Warn — For The Other Manufacturer's Product?
Although a California appellate court's decision in Shields v. Hennessy Industries Inc. represents the application of a narrow legal exception to a very unique piece of equipment, manufacturers of products should be aware of attempts by plaintiffs to develop novel theories to expand the scope of a manufacturer’s liability for hazards associated with the products of other manufacturers, say Joseph Hovermill and Matthew Schroll of Miles & Stockbridge PC.
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Evolution Of Coverage For Construction Defect Claims
A decision from the New Jersey Appellate Division in Potomac Ins. Co. v. Pennsylvania Mfr’s Assoc. Ins. Co., a case arising from an underlying construction defect claim, highlights the need for policyholders and their counsel to be aware of potential inter-insurer claims that may survive an insurer-policyholder settlement, say Lynda Bennett and Andrew Zimmerman of Lowenstein Sandler PC.
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FSMA’s Potential Impact On Commercial Contracts
While a contract's force majeure clause may be boilerplate, the Food Safety Modernization Act provides new reasons to pay greater attention — new provisions of the FSMA, when taken together, greatly increase the probability that your supply chain, or your ability to comply with your contractual obligations, will be disrupted by some regulatory action by the U.S. Food and Drug Administration, say Michael Plunkett and Corinne Marie Pouliquen of Blank Rome LLP.
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Missing Link: Food, Drug Safety In Foreign Supply Chain
The Institute of Medicine has issued a report entitled “Ensuring Safe Foods and Medical Products Through Stronger Regulatory Systems Abroad." Some of IOM’s goals, including the application of current food-tracing requirements to medicines, biologics and even medical devices, suggest that supply-chain tracing may be of increased importance over the next three to five years, says Amy Goerss of Hodgson Russ LLP.