Johnson & Johnson unit Ethicon Endo-Surgery Inc. is asking doctors to return a surgical device used in a now controversial hysterectomy procedure that the U.S. Food and Drug Administration has warned could spread cancerous tissue into a patient's abdomen, according to Wednesday reports.
A New York federal judge denied Exxon Mobil Corp.'s motion to set up a court-supervised trust for the funds Exxon must pay to satisfy its $104 million verdict for polluting New York City's groundwater with methyl tertiary-butyl ether, ruling Wednesday that Exxon lacked standing.
A New York bankruptcy judge on Wednesday denied a bid by plaintiffs to proceed with a proposed class action against General Motors Co. over an ignition switch defect, ruling that their suit — like nearly 90 other related cases — should be stayed while he considers whether GM can use its bankruptcy defense.
The National Highway Traffic Safety Administration on Wednesday proposed new federal safety standards to improve the structural design of buses and motorcoaches in order to ensure passengers are better protected and emergency exits remain operable during deadly rollover crashes.
The U.K. Supreme Court on Friday nixed an appeal by Chobani Inc. of an injunction that bars it from labeling its product as “Greek Yoghurt,” letting stand a lower court's decision that the label is misleading to consumers because the product is actually made in the U.S.
The Eighth Circuit on Wednesday upheld the dismissal of a wrongful death action brought against R. J. Reynolds Tobacco Co. and Philip Morris USA Inc., holding that the dead man's relatives could not sue over his death because they had already brought a personal injury suit.
Homeowners in multidistrict litigation over defective Chinese drywall pulled China’s government into the sprawling legal fight on Tuesday, launching a new lawsuit in Louisiana federal court after state-owned drywall manufacturers had deserted U.S. court proceedings in the case.
A Georgia federal judge on Wednesday refused to toss criminal charges against a former Peanut Corp. of America executive over her alleged role in a deadly salmonella outbreak, ruling she had sufficient time to review the federal government's discovery disclosures.
U.S. Congresswoman Rosa DeLauro, D-Conn., on Wednesday introduced a proposed tax on sodas and sugary beverages, a move poised to reignite a debate on the efficacy of these types of measures that have largely been nonstarters at the state and local level.
The owners of a Los Angeles sushi restaurant rolled Farmers Rice Cooperative Inc. into a proposed class action Tuesday, alleging the distributor provided the restaurant with "filthy, putrid, decomposed or substandard rice" that could not be legally sold for human consumption.
Ford Motor Co. on Tuesday urged a California federal judge to pare claims in a suit alleging it knowingly sold F-Series trucks that contain defective diesel engines, saying that a claim filed under state consumer law is time-barred and that there are no grounds for tolling the statute of limitations.
A California federal judge on Tuesday approved The Quaker Oats Co.’s settlement agreement in class action litigation accusing the company of falsely marketing its products as healthy despite containing trans fats, a deal under which the company promises to remove partially hydrogenated oils, or PHOs, from some products.
An Illinois appeals court has backed a trial court's decision to set aside Pekin Insurance Co.'s victory in litigation over additional insured coverage for a general contractor targeted in an injury suit, paving the way for Certain Underwriters at Lloyd's of London to jump into the fight.
In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings.
A Massachusetts jury returned a verdict in favor of Boston Scientific Corp. on Tuesday in the first product liability lawsuit involving the company’s pelvic mesh products to go to trial, according to attorneys involved in the case.
An Ohio state judge has ordered Chiquita Brands International Inc. to pay $13 million to National Union Fire Insurance Co. of Pittsburgh, Pa., as reimbursement of defense costs for thousands of tort claims alleging it paid off Colombian terrorists who killed thousands of people.
New Jersey employees are protected under whistleblower laws that are among the broadest and most comprehensive in the country, but experts say that distinction could soon change depending on how the state Supreme Court decides two whistleblower cases.
A California federal grand jury hit Pacific Gas & Electric Co. with a superseding indictment Tuesday over its role in the fatal 2010 San Bruno natural gas explosion, tacking on 16 new criminal counts, including obstruction, and pegging potential penalties at up to $1.1 billion.
A New York Times reporter and at least four other food reporters have been subpoenaed in the $1.2 billion suit accusing American Broadcasting Cos. Inc. and journalist Diane Sawyer of defaming a beef trimmings maker by referring to its product as “pink slime,” according to reports on Tuesday.
The NCAA’s freshly minted $75 million settlement of student-athlete concussion litigation prompted an immediate backlash Tuesday from some plaintiffs’ attorneys, with one telling an Illinois federal judge that the deal lets the NCAA dodge billions of dollars in liability while doing nothing for players who were actually injured.
Incredibly, LAN/STV v. Martin K. Eby Construction Company is the first Texas Supreme Court decision to address the economic loss rule involving the recovery of economic loss in a negligence suit between contractual strangers, providing the court an opportunity to explicate the interaction of the rule and torts, says John Hawkins of Porter Hedges LLP.
Heightened focus on commonality and the other Rule 23 prerequisites post-Dukes has been a tremendous hurdle for toxic tort class action plaintiffs as courts reject classes based on the individual nature of exposure, causation and damages and the insufficiency of expert testimony, say attorneys at Gibson Dunn & Crutcher LLP.
In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.
As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.
For defendants, perhaps the most important task will be to impress upon trial judges just how rigorous plaintiffs must be to meet the Supreme Court of Texas' standard in Bostic v. Georgia-Pacific Corp. — any failure to present an opinion based on generally acceptable methodologies as to any component will doom the plaintiff to summary judgment, directed verdict or reversal on appeal, says James Smith of Porter Hedges LLP.
While the RoHS-1 Directive did not apply to medical devices, the RoHS-2 Directive does, implying that manufacturers intended for the EU market have to assess and document whether their products comply with the latest directive’s chemical restrictions, say Lucas Bergkamp and Nicholas Herbatschek of Hunton & Williams LLP.
Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.
In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.
Most ominous in China's draft Food Safety Law is the pledge to strengthen the "link" between food safety regulation and criminal penalties, indicating criminal prosecutions could likely continue increasing once the law is adopted, say attorneys at Covington & Burling LLP.
Despite a decline over the past eight years, the U.S. Judicial Panel on Multidistrict Litigation continues to grant far more product liability transfer motions than it denies. Considering parties' geography and preferences, among other factors, will help when advising clients with centralization and the selection of a transferee court, say attorneys at Jones Day.