Product Liability

  • February 11, 2016

    GSK Gets Quick No To Request To Duck Reed Smith Case

    An Illinois federal judge granted GlaxoSmithKline’s demand for a prompt decision by ruling against the company Thursday, rejecting two motions to end claims by the widow of a Reed Smith LLP partner that the drugmaker concealed data linking its antidepressant Paxil to suicide.

  • February 11, 2016

    Merck Investors Win Prelim OK Of $1B Vioxx Marketing Deal

    A New Jersey federal judge gave preliminary approval Thursday to Merck's $830 million settlement to resolve multidistrict litigation alleging that the drugmaker defrauded investors by illegally marketing the painkiller Vioxx, a deal that rockets to $1 billion with $232 million in proposed attorneys' fees and expenses.

  • February 11, 2016

    KB Home Pays Millions To Resolve Fla. Construction Probe

    KB Home will pay $6.5 million in restitution and overhaul its business practices to settle a three-year state investigation into shoddy construction that has already cost the company $71 million for home repairs, the Florida Attorney General's Office said Thursday.

  • February 11, 2016

    Judge Unsure On Orange Essence Oil In Coke Juice MDL

    A Missouri federal judge presiding over multidistrict litigation alleging that Coca-Cola’s Simply Orange and other orange juices are actually chemically-flavored and not “100% Pure Squeezed” recently said that it’s not clear if the the federal government considers orange essence oil to be an essence or oil. 

  • February 11, 2016

    Sen. Murkowski Lifts 'Frankenfish' Hold On FDA Chief Nominee

    The pile of holds on the confirmation of Dr. Robert M. Califf to head the U.S. Food and Drug Administration was reduced slightly on Thursday, when Sen. Lisa Murkowski, R-Alaska, said she was lifting her hold because her concerns regarding labeling for genetically engineered salmon had been resolved.

  • February 11, 2016

    Siblings Slam Bard's Bid To Escape Hernia Patch Death Suit

    Two siblings who say their mother’s death from sepsis was caused by an allegedly defective C.R. Bard hernia patch on Thursday told the Rhode Island judge presiding over the multidistrict litigation that their disabled brother can recoup damages under Indiana’s wrongful death law.

  • February 11, 2016

    Del. High Court Won't Revive GM Investors' Ignition Suit

    The Delaware Supreme Court upheld Thursday the Chancery Court's decision to throw out investors' claims against General Motors Co. directors alleging they acted in bad faith looking after the company in connection to the high-profile ignition switch defect said to have caused dozens of deaths.

  • February 11, 2016

    Home Depot Dodges Liability From Stepladder Suit

    A New Jersey federal judge granted summary judgment Wednesday to Home Depot in a lawsuit by a man who blamed a fall on the poor quality of a ladder he bought at the store, saying the man hadn't offered any expert testimony to back up his claim.

  • February 11, 2016

    Lack Of New Info Dooms Travelers' Billing Suit, Judge Told

    Payment administrator RGL Inc. told a California federal judge Thursday that Travelers Insurance can't revive claims against it in a lawsuit accusing it, Newmeyer & Dillion LLP and Centex Homes of fraudulently overbilling for defense coverage in construction defect litigation, because no new evidence has surfaced since the suit's 2013 dismissal.

  • February 11, 2016

    NY High Court Axes Experts In BMW Birth Defect Suit

    New York's highest court upheld a decision to reject two expert witnesses from a suit against BMW of North America LLC, saying Thursday they did not rely on scientifically accepted methods to conclude that gas fumes from a car caused a man’s birth defects.

  • February 11, 2016

    Calvin Klein, Hilfiger Outlets Accused Of 'Phantom Markdowns'

    Anne Taylor, Calvin Klein, Tommy Hilfiger and other brands with popular discount chains were hit Wednesday with proposed class action allegations in California federal court by a woman claiming the slashed prices advertised in the retailers’ outlet stores were falsely inflated.

  • February 11, 2016

    Poultry Co. Wins $2.7M In Cockroach Shutdown Coverage Trial

    A California federal judge on Thursday awarded Foster Poultry Farms $2.7 million in an insurance coverage trial against Lloyd's of London over losses it sustained when federal inspectors found cockroaches at one of its facilities, forcing it to shut its doors and destroy 1.3 million pounds of chicken.

  • February 11, 2016

    Philly Pelvic Mesh Verdicts Spell Trouble For J&J

    After two consecutive jury verdicts exceeding $12 million in the first pelvic mesh cases tried in Philadelphia, Johnson & Johnson may think seriously about settling roughly 150 cases remaining in the jurisdiction’s mass tort program and focusing on the much larger federal multidistrict litigation, experts say.

  • February 11, 2016

    Chinese Market Slow To Accept Syngenta Corn, USDA Says

    Even after a lengthy process of bilateral consultations convinced China to allow imports of Syngenta’s controversial genetically modified corn, buyers in Beijing still appear reluctant to fully embrace the product, according to a U.S. Department of Agriculture report released Wednesday.

  • February 11, 2016

    EPA Chief Defends Agency's Flint Response To House Panel

    U.S. Environmental Protection Agency Administrator Gina McCarthy defended the agency’s response to the drinking water contamination crisis in Flint, Michigan, on Thursday, telling lawmakers officials “vigorously” attempted to get the state to install corrosion controls and calling the regional administrator’s decision to resign in the aftermath “courageous.”

  • February 11, 2016

    Calif. Judge Axes Nestle From Gerber Cereal Label Suit

    A California state judge, at the request of the mothers bringing the suit, recently dismissed Nestle USA Inc. from a proposed class action claiming that Gerber Products Co. exaggerates on its labels the amount of healthy ingredients in its toddler cereal snacks.

  • February 11, 2016

    3M Settles 4 Key Asbestos Suits On Eve Of Trial

    3M Corp. has settled four suits over factory workers' asbestos exposure just as the first was scheduled to go to trial, the company told a court Thursday, leaving paper giant Weyerhaeuser Co. still a defendant.

  • February 11, 2016

    Howmedica Staves Off Suit Over Toxic Spinal Implant

    A California federal judge on Wednesday dismissed a woman’s suit claiming that Howmedica failed to warn her that its experimental CerviCore spinal implant could seep dangerous metals into her bloodstream, finding that she didn’t provide crucial information about test results that established when she learned of that risk.

  • February 11, 2016

    Monster's Tablets Have Shoddy USB Ports, Suit Says

    Monster Inc.’s M7 tablet computers break down quickly and fail to charge, according to a proposed class action filed in California federal court Thursday that claims the company failed to make good on its warranties.

  • February 11, 2016

    Insurer Rips $12M Claim Over Botched Oil Well In 5th Circ.

    Seneca Insurance Co. urged the Fifth Circuit on Wednesday to affirm that a policy it issued to a drilling contractor doesn’t cover $12 million that Solstice Oil & Gas I LLC wants for the contractor’s failure to drill accurately, claiming that an unusable, zig-zagged well doesn’t qualify as “property damage.”

Expert Analysis

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Litigation In The Marijuana Industry Lights Up

    Abby Sacunas

    The country’s first marijuana products liability class action hit Colorado state court in October, alleging that LivWell Inc. used a pesticide on their plants not approved for use on tobacco products — but while it may be tempting to consider cannabis products in conjunction with tobacco products, the industries are at very different stages of regulation and development, say Abby Sacunas and Leigh Ann Benson at Cozen O’Connor.

  • China's Hazardous Substances Restrictions: What To Know

    Richard Ferris_FoleyLardner.jpg

    Companies manufacturing electrical and electronic products, parts or other components in China need to pay close attention to the expanded regulatory scope of China's restriction of hazardous substances regulations, particularly in the next 12-24 months, says Richard Ferris at Foley & Lardner LLP.

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • Mastery In The MDL: Deposing A Science Expert


    This is the final part of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article looks at how to take a science expert deposition to set up a Daubert motion.

  • Oklahoma Quakes Trigger Legal Concerns For Energy Cos.

    Daniel M. McClure

    With more than 70 earthquakes shaking Oklahoma since the start of the year, seismicity is staged to remain a focus for the energy industry in 2016. Earthquake litigation appears to be trending up, and a variety of patterns are becoming apparent to ensure that seismic risk mitigation investments are efficiently targeted at a time when the energy industry faces tightening financial pressures, say attorneys at Norton Rose Fulbright.

  • Congress Loses Its COOL

     Matthew I. Kaplan

    Congress recently repealed the country-of-origin labeling rule for beef and pork, partially in response to the threat of retaliatory tariffs from Canada and Mexico. But COOL requirements are still in effect for other commodities and whether other countries will follow Canada and Mexico to obtain COOL repeal for these products remains to be seen, say Matthew Kaplan and Ndubisi Ezeolu at Tucker Ellis LLP.

  • Mastery In The MDL: Limiting FDA Regulatory Expert Opinion


    This is the fourth of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores ways to limit or exclude U.S. Food and Drug Administration expert testimony.

  • How To Prepare A Premises Liability Case

    Douglas J. McCarron

    Premises liability cases require evidence that a dangerous condition existed. Extensive knowledge of the property's policies and procedures and whether the employees are following them is the first step in proving whether or not the property owners and managers are fulfilling their duty to maintain a reasonably safe property, says Douglas McCarron at Haggard Law Firm PA.