Personal care products manufacturer Tom's of Maine Inc. was hit with a proposed class action in Florida federal court Friday by a consumer who claims the company falsely represents that its toothpaste is "natural" when it actually contains heavily processed ingredients.
Hoffman-LaRoche Inc. on Friday urged a New Jersey jury to reject claims its drug Accutane causes inflammatory bowel disease, summating a case that was buttressed by new scientific evidence following an appellate reversal of a $10 million verdict awarded to the plaintiff in 2008.
A California appeals court on Friday tossed a $2.3 million jury award against Dole Food Co., saying a lower court correctly vacated the award and axed the suit because the plaintiffs may have lied about being affected by pesticides the company used in the 1970s.
A Pennsylvania trial jury on Friday returned a $3 million verdict against a Johnson & Johnson unit in a case accusing the company of failing to warn a woman of the risk of birth defects when using its anti-epilepsy drug Tomapax during pregnancy.
Abbott Laboratories shareholders asked an Illinois federal judge on Thursday to bless a settlement resolving a derivative suit that alleged Abbott's directors cost the company $1.6 billion because they did nothing to stop the marketing of its anti-seizure drug Depakote for off-label uses.
A Florida federal judge on Friday dismissed a proposed class action against convenience food maker Amy's Kitchen Inc. — which was accused of misleading consumers by labeling sugar as evaporated cane juice — due to lack of subject matter jurisdiction.
The U.S. Food and Drug Administration on Thursday accused the cosmetic industry of creating an impasse in lengthy negotiations to update decades-old legislation on cosmetic safety, saying it offered a proposal that would only undermine what little oversight the agency has.
A Stanford University track and field star who had been the first active Division I-A athlete to sue the NCAA over its handling of concussions dropped her proposed class action in Illinois federal court Friday over concerns about her role as class representative.
A panel of arbitrators held Pennsylvania to arbitrary standards when they ruled in September that the state's portion of a $206 billion settlement deal with the nation's largest tobacco companies could be reduced due to lax tax collection efforts, attorneys for the state argued Friday.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
More than 100 consumer groups and other organizations pushed President Barack Obama on Thursday to drop the U.S. Department of Agriculture's proposed overhaul of chicken and turkey slaughter inspections, saying it would jeopardize food safety.
Eli Lilly & Co. argued Thursday that the first federal bellwether trial over the bladder cancer risks of diabetes drug Actos should exclude evidence about its fines for marketing the antipsychotic drug Zyprexa, saying it’s not relevant to negligent marketing claims over Actos.
A California federal judge refused Thursday to send to state court a lawsuit against Novartis Pharmaceuticals Corp. over a jaw injury allegedly caused by the bone drugs Aredia and Zometa, despite the plaintiff's plan to combine the suit with another naming a California-based physician and hospital as defendants.
A Colorado federal judge on Thursday rejected arguments by Travelers Insurance Co. and several other insurers that a construction company’s suit for coverage of a $11.5 million property damage settlement should be governed by Utah law, finding that Colorado had a stronger interest in the case.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
Plaintiffs railed against Johnson & Johnson's bid to dodge a proposed class action alleging some of its sunscreen products aren't "naturally sourced" as advertised, arguing Thursday that reasonable consumers would likely be fooled by the claims.
Garmin Ltd. was hit with a proposed class action in Utah federal court Thursday alleging that a model of its sports watches is defective and comes apart during use, forcing customers to pay to replace the wristband.
A New York judge on Tuesday refused to let a concrete contractor off the hook on claims that its negligence contributed to a deadly 2008 crane collapse in Manhattan, finding that dueling theories about what caused the accident need to be tested in court.
The West Virginia House of Delegates on Wednesday passed chemical storage tank legislation that was previously approved by the state Senate, in response to the devastating chemical spill earlier this year that left 300,000 people without water for several days.
Diagnosing malignant pleural mesothelioma from cytology alone is extremely difficult for even the most seasoned cytopathologist, yet many participants in the tort system fail to adequately scrutinize such claims, say Edward Casmere and Joshua Lee of Schiff Hardin LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
While a new European Commission proposal seeks to resolve problems with the current EU novel food rules, certain aspects of it would benefit from further clarification — such as the definition of novel foods, the assessment methodology for the history of safe food use and the potential obligation to monitor marketed novel foods, say Emmanuel Saurat and Audrey Chenessau of Sidley Austin LLP.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
In U.S. v. Omnicare Inc., the Fourth Circuit recently joined the growing chorus of courts that have refused to extend the reach of the False Claims Act to all manner of regulatory violations. And even though this case involved pre-Fraud Enforcement and Recovery Act conduct, the ruling also may have provided some much-needed perspective to the 2009 FERA amendments to the FCA, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.
In Netherlands Insurance Company v. Phusion Projects, the Seventh Circuit ruled that the insurer of the makers of Four Loko has no duty to defend it in lawsuits alleging the alcoholic beverage caused serious injury and death. The decision follows a long line of case law rejecting clever pleadings designed to escape exclusions and look to see if a simple negligence claim can trigger coverage absent a nexus to the consumption of alcohol, says Scott Galla of Cozen O'Connor PC.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
In a recent case of first impression, the Third Circuit affirmed a trial court’s dismissal of design defect claims against a residential homebuilder under New Jersey's Product Liability Act when the plaintiff-homeowner failed to comply with the state's Affidavit of Merit Statute. Calender v. NVR Inc. may apply beyond New Jersey as at least 11 states have some form of an affidavit of merit requirement for negligent licensed professionals, say David Haworth and Michele Ventura of Ballard Spahr LLP.