A federal judge on Monday tossed a proposed class action accusing Amy’s Kitchen Inc. of deceiving consumers by labeling its products as containing evaporated cane juice instead of sugar, finding the plaintiff failed to allege he actually read the ingredients before purchasing the products.
Jones Day said Friday it has beefed up its business and tort litigation practice area by adding a former assistant U.S. attorney who is a product liability and consumer fraud expert to its Cleveland office.
The U.S. Food and Drug Administration on Monday delivered a high-profile jolt to the booming field of personalized medicine by ordering a halt to sales of genetic tests by the wife of Google Inc. co-founder Sergey Brin, putting manufacturers on notice that regulators are getting tough after years of leeway, experts say.
An anti-tobacco group pushed the U.S. Food and Drug Administration on Monday to quickly propose new graphic warnings for cigarette packs after the D.C. Circuit declared previous versions unconstitutional, pointing to a recent study that touts the effectiveness of the warnings.
Vitamin Shoppe Industries Inc. on Thursday sued law firm Seeger Weiss LLP in New York federal court, arguing the firm had misused its trademarks on a website designed to solicit plaintiffs for a class action over alleged misrepresentations related to its BodyTech protein supplements.
The U.S. Food and Drug Administration on Monday removed prescribing restrictions on GlaxoSmithKline PLC’s onetime blockbuster diabetes medication Avandia, capping a turnaround in the agency's assessment of its cardiovascular risks three years after nearly yanking market approval.
The Philadelphia District Attorney's Office on Monday slapped murder and manslaughter charges on the contractor for a demolition project that led to six deaths and 14 injuries when it collapsed on a neighboring Salvation Army store in June.
The Pennsylvania Supreme Court ruled Friday that common law claims against employers for asbestos exposure were not foreclosed by a provision of the state’s Workers’ Compensation Act providing exclusive remedy for job-related asbestos claims when filed within 300 weeks of a plaintiff’s last relevant employment.
Apple Inc. was hit Friday with a proposed class action in California federal court alleging that the “Lightning” cable, which powers its latest generation of devices, including the iPhone 5, is defective and that the computer giant has failed to properly recall the cables or refund consumers.
The U.S. Food and Drug Administration on Thursday agreed to a series of deadlines that could lead to the regulation of triclosan, a potentially dangerous ingredient in antibacterial soap, resolving a lawsuit filed by the Natural Resources Defense Council.
Ironshore Specialty Insurance Co. sued to disavow covering a New England Compounding Center sister pharmacy against claims from alleged victims of the NECC-linked meningitis outbreak, saying Friday that attempts to paint the insured as an NECC alter ego don’t qualify for coverage.
The Fourth Circuit on Friday partly reversed a lower court’s ruling that awarded $5.5 million against against Taser International Inc. over the death of a 17-year-old boy tasered by a police officer in North Carolina, remanding the product liability dispute for a new trial, but only on damages.
The West Virginia Supreme Court on Friday affirmed the approval of a $93 million deal between Monsanto Co. and residents alleging medical damage from Agent Orange herbicide produced at a nearby company plant, rejecting claims from some class members that the settlement did not extend to a sufficient number of people.
Ford Motor Co. on Friday urged a New York federal judge to dismiss multidistrict litigation alleging it overstated the fuel efficiency for some of its hybrid vehicles, contending the plaintiffs' claims are preempted by federal law and are otherwise not adequately supported by evidence.
California on Thursday approved new flammability standards for upholstered furniture that are designed to reduce manufacturers' use of flame-retardant chemicals, which studies have linked to cancer and other health problems.
A South Dakota federal judge on Tuesday supported a jury's finding against Johnson & Johnson on a negligence claim in a woman's lawsuit linking her cancer to the company's talcum body powder, though it still owes her no damages.
Exxon Mobil Corp. will pay New York over $8 million to resolve pollution claims and cover remediation costs incurred by environmental regulators while addressing an oil spill near the Canadian border, the state Attorney General's office said Friday.
Direct mailers from Amgen Inc. oversold the benefits of anemia drug Aranesp and omitted important information about its potential to cause heart attacks and strokes, according to a U.S. Food and Drug Administration letter released Friday.
Atlanta-based Taylor English Duma LLP has snagged a former Bryan Cave LLP pharmaceutical and medical device expert for the firm's new product liability group that is part of its litigation practice.
Alliant Techsystems Inc. is close to settling a former US Investigations Services LLC ballistics expert's False Claims Act suit alleging ATK sold defective ammunition under a $90 million contract with the U.S. Department of Homeland Security, according to court papers unsealed Thursday.
According to a California appeals court, its ruling in Moradi v. Marsh USA is not a departure from existing law — but most employers will be surprised by what the court found to be an act within the “course and scope” of employment, says Gregory Smith of Haight Brown & Bonesteel LLP.
Unfortunately, the credentials normally supplied by Big Law firms in beauty contests simply do not tell in-house counsel what they really want to know. Without discounting the difficulty of obtaining helpful information from candidates for outside counsel, there is one question that may be useful for in-house counsel to pose, says Andrew Jarzyna of Ulmer & Berne LLP.
Manufacturers defending load limiter litigation will undoubtedly find themselves confronted with the Kentucky Court of Appeals' recent decision in Nissan Motor Co. v. Maddox. The case, however, has a broader application — manufacturers of any product who previously relied upon their compliance with government standards as a security blanket against punitive damage awards should take notice, say Michael Halaiko and Matthew Phelps of Miles & Stockbridge PC.
In recent actions against a medical laboratory, a marketer of home-monitoring cameras and a mobile device manufacturer, the U.S. Federal Trade Commission has signaled its intent to expand its aggressive assertion of authority under the Federal Trade Commission Act’s “unfair trade practices” prong to regulate a broader range of data security practices and product design features, say attorneys with Ropes & Gray LLP.
Just as the U.S. Food and Drug Administration was starting to gain momentum on its food-oversight initiatives, the majority of its preventive and enforcement powers have been stalled by the U.S. federal government shutdown. Whether and how the FDA will gain back its food-oversight momentum that took 70 years to build remains to be seen, says Cori Annapolen Goldberg of Norton Rose Fulbright.
President Obama seems to be of the view that if law school were reduced to two years, students would incur two-thirds of the expense of attending law school, be burdened by two-thirds of the debt they currently have, and be generally economically better off than they are today after three years of law school. Most startling about the president’s proposal, however, is that he did not discuss the educational effect of his suggestion on the students or the effect on their clients, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The U.S. District Court for the Southern District of California's recent opinion in Dorfman v. Nutramax highlights the broad reach of the state's Unfair Competition Law and Consumer Legal Remedies Act, which means that potential defendants should brace themselves for the big battle: defeating class certification, says Melody Akhavan of Weil Gotshal & Manges LLP.
When it comes to preventing cyberattacks, the U.S. government can’t protect its own networks, let alone those of large law firms. And when it comes to deterring and punishing intruders, our government offers even less. We have to do more than play defense. We didn’t reduce street crime by requiring pedestrians to buy better body armor every year, says Stewart Baker, a partner with Steptoe & Johnson LLP and former assistant secretary for policy at the U.S. Department of Homeland Security.
Although the doctrine of consent, a staple in tort law from its very beginnings, has seen no noteworthy developments for more than 20 years, the consent defense is on the verge of expanding once again in the context of contamination cases in California, says Krista deBoer of Gibson Dunn & Crutcher LLP.
What should an attorney do in the middle of a deposition if her client answers in a way that suggests a misunderstanding of the question or sudden memory loss? She will likely want to confer with her client at the next available opportunity, but her ability to do so without waiving privilege will depend, in part, on where the deposition is taking place, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.