Drummond Co. Inc. on Friday filed in Alabama federal court a Racketeer Influenced and Corrupt Organizations Act suit accusing plaintiffs’ attorneys of paying hundreds of thousands of dollars to criminals who testified that the company collaborated with Colombian paramilitary forces in the murders of hundreds of civilians.
The Alabama Supreme Court on Friday affirmed a $3.3 million award against Yamaha Motor Corp. U.S.A. in favor of a woman who was severely injured when her Rhino off-road vehicle flipped over while she was driving around her farm.
Hogan Lovells and Stanley Reuter Ross Thornton & Alford LLC, former counsel to Taishan Gypsum Co. Ltd. and its affiliates, fought Thursday to exit the multidistrict litigation over defective drywall, despite the plaintiffs arguments that the firms should stay in the litigation to answer questions about Taishan's conduct.
A Florida federal judge on Thursday denied a bid by Sandoz Inc. to toss a product liability suit brought by a patient who claimed to have suffered injuries due to a contaminated cancer drug, ruling that the generic drugmaker’s preemption argument falls short.
Garmin International Inc.'s insurers have no duty to defend or indemnify a pilot who had installed a new Garmin navigation system in his private plane against claims arising from a 2008 crash, the Tenth Circuit affirmed Friday, concluding that the pilot doesn't qualify as an insured under the company's policy.
A Florida federal judge has denied most of Snack Factory LLC’s motion to dismiss a proposed class action claiming that the company’s Pretzel Crisps were falsely labeled as “all natural” despite containing synthetic or artificial ingredients.
Two insurers told an Oregon federal judge Thursday that they owe no coverage or duty to defend to Biotronik Inc. in two underlying suits accusing the company and a New Mexico doctor of implanting unnecessary pacemakers, one of which resulted in a $28 million judgment.
A woman claiming she developed ovarian cancer after using Johnson & Johnson baby powder for more than 60 years failed to point out any specific misrepresentations the company made and can’t claim she paid a premium for the product, a California federal judge ruled Thursday.
A Florida jury on Thursday issued a $2 million award to a widower suing R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. on behalf of his wife, who died of lung cancer after smoking for four decades.
A North Carolina jury began deliberations Friday in a $28 million lawsuit against Ford Motor Co. brought by a teenager who alleges he was rendered paraplegic in a crash because of a poorly designed, two-point seatbelt in a 1999 Ford Escort.
Drugmakers, lawyers and consumers on Friday debated the U.S. Food and Drug Administration's controversial plan to let generic-drug makers independently update their warning labels, trading divergent views on how patient safety and medication prices would be affected.
Estee Lauder Cos. Inc. can’t escape a proposed class action alleging the beauty company oversold the anti-aging effects of its Advanced Night Repair formula, with a New York federal judge ruling that an earlier dismissal does not preclude a new complaint.
The Seventh Circuit on Thursday reinstated an appeal by a couple that sued Ford Motor Co. over air bags that allegedly didn’t deploy in their 2003 Mercury Mountaineer after a severe accident and that argued that expert testimony wasn't necessary to show the air bags were defective.
A California magistrate refused Thursday to allow plaintiffs suing Schiff Nutrition International Inc. for allegedly deceptively marketing its glucosamine supplement as an arthritis treatment to back out of their proposed $5 million deal, saying "possible" objections and a recent Seventh Circuit decision don’t justify their request.
The New Jersey Appellate Division on Friday upheld a $1.6 million verdict for a man who claimed he contracted mesothelioma from asbestos-contaminated talc used to make Old Spice and Desert Flower talcum powder and brought home on his father's clothing from work.
A pair of U.S. Congress members from Florida introduced legislation on Thursday that would make companies pay cleanup costs under the Oil Pollution Act and face Clean Water Act penalties for oil spills that originate in foreign waters but reach U.S. waters.
The Ninth Circuit on Thursday revived a suit from a former United Airlines pilot and his wife alleging Honeywell International Inc.’s malfunctioning flight management system nearly caused a crash and the pilot’s post-traumatic stress disorder, saying the pilot still experienced the threat of harm.
General Motors Co. CEO Mary Barra and other high-level executives face depositions this year in the unfolding saga over deadly defects in its ignition switches, a tricky proposition particularly for chief executives who must walk a thin line between offering truthful, direct answers and protecting the company, attorneys say.
The New Jersey Assembly on Thursday approved two measures related to the state's controversial $225 million settlement with Exxon Mobil Corp. over refinery pollution, calling for an extension to the public notice period and a requirement that half the settlement amount be allocated to restoration and cleanup.
General Nutrition Corp. told the U.S. Judicial Panel on Multidistrict Litigation on Wednesday that the suits against it and other retailers over allegedly mislabeled herbal supplements should be consolidated in Pennsylvania but that they should be split into separate multidistrict litigations against each defendant.
The trend of more manufacturers, distributors and retailers being fined larger amounts by the U.S. Consumer Product Safety Commission is meant to address CPSC Chairman Elliot Kaye's concern that companies view civil penalties as a cost of doing business, rather than a real deterrent, say attorneys at Morrison & Foerster LLP.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.
A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.
What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.
While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.
Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.
While plaintiffs will reasonably celebrate the In re ConAgra decision, it remains to be seen whether a dual methodological damages model will be widely embraced by courts in future food and beverage labeling class actions as it suffers from several limitations, say Galen Bellamy and Cedric Logan of Wheeler Trigg O’Donnell LLP.
From an economic perspective, there are three guiding questions that can be useful for companies facing litigation related to off-label promotion claims, say Dr. Sophie Yang and Dr. Saul Helman of Navigant Consulting Inc.
The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification game-changer. But a review of circuit court decisions interpreting Comcast shows that most courts have cabined its application, say Christopher Micheletti and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.