The First Circuit on Friday tossed a whistleblower’s closely watched False Claims Act suit accusing Takeda Pharmaceutical Co. Ltd. of defrauding Medicare by concealing drug risks, finding insufficient specifics but declining to endorse a district court’s ruling that such misconduct could never support FCA liability.
A New York state judge has thrown out a proposed class action involving a prominent real estate developer that alleges Hess Corp. breached customer contracts by delivering tainted heating oil to New York City buildings, finding that plaintiffs failed to sufficiently allege they suffered a discernible injury.
Arguing the circuit court splits identified by the companies are imaginary, consumers attacked Whirlpool Corp. and Sears Roebuck & Co. on Friday for urging the U.S. Supreme Court to review rulings backing class certification in lawsuits over allegedly defective washing machines.
A New York state judge has temporarily barred a Brooklyn attorney and two condominium developers he represents from participating in condominium- and securities-related work in New York during a suit against them over alleged construction defects in their new development, the state attorney general said Friday.
A judge ruled Wednesday that a vaginal mesh injury lawsuit against Johnson & Johnson should remain in federal court, after concluding that the plaintiff only pursued another defendant, her physician, to try to keep the case in Texas state court.
An en banc Ninth Circuit panel reversed a district court’s dismissal of a personal injury suit brought against Austria and its national railway, holding Friday that the Foreign Sovereign Immunities Act does not protect foreign operations that conduct business in the U.S.
Federal regulators on Friday ordered Metro-North to modify its signal system to ensure speed limits are obeyed and to immediately double up on engineers where speed restrictions are in place, a crackdown that follows a deadly Dec. 1 derailment in Bronx, N.Y.
The U.S. Consumer Product Safety Commission said Friday it is issuing a final rule implementing safety standards for infant and toddler products including infant bath seats, toddler beds and full-size baby cribs.
Mandalay Corp. again urged a New Jersey federal judge to dismiss a lawsuit brought by an elderly man who claims the Las Vegas casino operator’s lack of security enabled two men to assault and mug him, arguing Friday that the case is outside New Jersey’s jurisdiction.
The Louisiana federal judge overseeing the Deepwater Horizon multidistrict litigation suspended all business economic loss payments from BP PLC's $9.2 billion settlement with property owners on Thursday following a recent Fifth Circuit ruling calling for greater scrutiny of the claims process.
A Missouri federal judge on Wednesday dismissed American Safety Indemnity Co. from a coverage lawsuit over a gasoline pipeline leak, finding that the alleged property damage did not occur during American Safety's policy period.
The U.S. Consumer Product Safety Commission said Thursday it wants portable fuel container makers to begin designing their products with flame arrestors in order to prevent fires and injuries to people.
Citing the increasing number of senior citizen drivers on the road as baby boomers age, the National Highway Traffic Safety Administration on Thursday unveiled a five-year plan to tackle safety concerns unique to older drivers.
Apple Inc. on Wednesday blasted a request for nearly $16 million in fees by attorneys who guided a class of 4,000 consumers to a pending $53 million California court settlement over a warranty coverage dispute, saying the amount significantly outweighs the level of work performed.
The Los Angeles City Council passed an ordinance placing restrictions on the sales of electronic cigarettes on Wednesday, claiming the devices may pose a health hazard.
A Texas federal court on Thursday refused to send a putative class action alleging Samsung didn’t make customers whole on faulty Galaxy S phones into arbitration, finding that clauses in the customers’ wireless carrier contracts did not include the phones’ maker.
A Florida federal judge on Thursday tossed a married couples’ putative class action against Volkswagen Group of America Inc. alleging locks on their Jetta sedan were defective, ruling they were time-barred from bringing express warranty and deceptive practices claims.
A metal processing plant on Thursday argued that if the Texas Supreme Court affirms a jury’s damages award stemming from environmental contamination since cleaned up to meet regulatory standards, it will introduce industry confusion and create open-ended potential liability.
The U.S. Food and Administration is widening its criticism of pharmaceutical companies that haven't completed mandatory post-approval studies of their products' safety and effectiveness in children, although Pfizer Inc. and others being targeted are describing good-faith efforts to comply.
Lululemon asked a New York federal judge on Wednesday to toss a consolidated shareholder complaint accusing the retailer of inflating its stock after consumers discovered its yoga pants were see-through, arguing that investors failed to prove that the company made misleading statements.
Recent jurisprudence pertaining to the stream of commerce theory of personal jurisdiction demonstrates that courts are coalescing around two discernible schools of thought as to how to interpret the U.S. Supreme Court ruling in J. McIntyre Machinery Ltd. v. Nicastro, says Josh Kluewer of Weisbrod Matteis & Copley PLLC.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
It seems that by publicizing “voluntary” permissible exposure limits, the Occupational Safety and Health Administration can skip the administrative rulemaking process and substitute tort plaintiffs — and workers’ compensation claimants — for OSHA regulators in enforcing lower PELs, say James Scadden and Samuel Jubelirer of Gordon & Rees LLP.
If the U.S. Food and Drug Administration's Nov. 15 decision that partially hydrogenated oils are no longer generally recognized as safe is finalized, it would be the first time the agency will have withdrawn an ingredient based on concerns about long-term disease risk, say attorneys with Covington & Burling LLP.
In light of the Federal Trade Commission's recent enforcement actions against companies for making misleading claims about plastic products, companies making environmental benefit claims should note, among other things, that simple unqualified claims will be challenged, and substantiation must be based on data reflecting actual conditions of the product, say Gregory Bibler and Corrine Lusic of Goodwin Procter LLP.
A California appeals court’s recent decision in Alexander v. Exxon Mobil creates a Catch-22 for property owners who want to do the right thing and clean up their properties. Unless there is a response to Alexander from the Legislature or a higher court, it will be difficult for property owners in toxic tort suits to win based on the statute of limitations at the demurrer stage, say Brian Haughton and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.
In light of recent class actions and failed ballot initiatives, many in the food and beverage industry are faced with conflicting decisions, uncertainty in the courts and inaction by the U.S. Food and Drug Administration over the issue of labeling food with genetically modified organisms, say Fletcher Alford and Kelly Fair of Dentons.
Without additional guidance and measurable benchmarks or criteria established of when generic drug label changes are required, the implementation of the U.S. Food and Drug Administration's proposed new rules may lead to confusion and uncertainty, with a risk of companies overreporting or underreporting safety information to the FDA, say attorneys with Duane Morris LLP.
Establishing important procedural guidelines for environmental litigators, the Third Circuit's recent decision in Trinity Industries Inc. v. Chicago Bridge & Iron Co. indicates that the Comprehensive Environmental Response, Compensation and Liability Act is the proper vehicle, not the Resource Conservation and Recovery Act, for seeking contribution for site cleanup costs, says Joseph Falgiani of Sedgwick LLP.