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Product Liability
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May 7, 2013
Exxon's Spill Claims Don't Hold Water, Key House Dem Says
The House Natural Resources Committee's top Democrat on Tuesday blasted ExxonMobil Corp.'s handling of the recent oil spill from its Pegasus pipeline, claiming the energy giant's response to the accident was inadequate and that it attempted to hide the fact that the oil spilled was from Canadian tar sands.
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May 7, 2013
$48M Skydiving Crash Award Upheld By Mo. Appeals Court
A Missouri appeals court on Tuesday affirmed a jury’s $48 million judgment over a deadly 2006 skydiving plane crash, saying sufficient evidence suggested U.K.-based airplane parts manufacturer Doncasters Inc. was aware of turbine defects that contributed to the accident.
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May 7, 2013
CPSC Can Add CEO To Buckyballs Lawsuit
An administrative law judge on Friday allowed the U.S. Consumer Product Safety Commission to seek to hold the former CEO of Buckyballs maker Maxfield and Oberton Holdings LLC personally liable for alleged defects in the magnet sets.
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May 7, 2013
Chevron Execs Must Testify in RICO Suit Over $19B Judgment
A New York judge on Tuesday rejected Chevron Corp.’s attempts to shield the company’s CEO and general counsel from deposition in its fight over a $19 billion pollution judgment, saying the approaching discovery deadline and the stakes of the suit justified requiring their testimony.
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May 7, 2013
Ex-BP Engineer Wants Evidence In Deepwater Case Excluded
The former BP PLC engineer accused of intentionally destroying evidence related to the Deepwater Horizon oil spill urged a Louisiana federal judge on Monday to exclude evidence the government plans to introduce at trial, claiming that several exhibits aren't relevant or are inadmissible hearsay.
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May 7, 2013
Jones Day Nabs Former Greenberg Life Sciences Litigator
Jones Day on Tuesday announced it had added a former Greenberg Traurig LLP litigator with extensive pharmaceutical and medical device product liability experience as a partner in its Chicago office, giving a significant boost to its litigation capabilities.
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May 7, 2013
Ala. High Court Finds No Coverage For Faulty Work
Alabama's Supreme Court ruled Friday that American Resources Insurance Co. Inc. did not have a duty to defend a contractor against allegations of faulty work, deciding there had been no "occurrence" under the contractor's liability policy.
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May 7, 2013
Chevron Class Can Seek New Judge In Suit Over Refinery Fire
Thousands of California residents suing Chevron Corp. over hazardous chemicals allegedly released during an August refinery explosion can seek a different judge to preside over their putative class action, a state appeals court said Monday, overturning a lower court's rejection of their challenge as untimely.
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May 7, 2013
Judge Slams HHS Over Plan B 'Administrative Filibuster'
In a hearing marked by scathing rhetoric, a New York federal judge on Tuesday accused the Obama administration of using an "administrative filibuster" to restrict access to Plan B emergency contraception, while also signaling he would let the Second Circuit decide whether to delay wider access to the morning-after pill.
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May 7, 2013
Alcon Urges Dismissal Of Drug Bottle Size Class Action
Alcon Laboratories Inc. on Monday asked an Illinois federal judge to dismiss a putative class action accusing it of forcing consumers to buy bottles containing more prescription medicine than needed for effective treatment, arguing the plaintiff has no legitimate claim under state law for the federally regulated drugs.
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May 7, 2013
FDA Cites Cancer Link In Proposed Tanning Bed Regs
The U.S. Food and Drug Administration stepped up efforts Monday to curb ultraviolet tanning products it has linked to higher occurrences of skin cancer, proposing a rule to increase the risk category of tanning beds and create new mandatory labeling requirements.
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May 7, 2013
Q&A With Robinson & Cole's Jeff White
Although there has been more attention paid to class action reform over the past decade, more needs to be done in this area so as to encourage new investments in American manufacturing, says Jeffrey White, a partner in Robinson & Cole LLP's products liability practice group.
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May 6, 2013
Texas Plant's $1M Policy Leaves Blast Victims In The Lurch
The fertilizer plant that exploded in West, Texas, last month had only $1 million in liability insurance, an unusually paltry amount that will force victims to scramble to find other responsible parties who could cover some of the $100 million in expected insured losses.
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May 6, 2013
CPSC Finds Roundabout Way To Impose Pricey Policies
For the second time in as many months, the U.S. Consumer Product Safety Commission announced a settlement Monday that requires a company to set up an expansive new compliance system, suggesting the agency will force the programs on even those accused only of failing to report a product defect promptly.
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May 6, 2013
Ex-CPSC Commissioner, House Rep. Joins Bracewell In DC
Bracewell & Giuliani LLP has added former Congresswoman and U.S. Consumer Product Safety Commission chief Anne Northup to its Washington, D.C., office, where she will advise on issues ranging from energy and environmental policy to international trade and health care, the firm announced Monday.
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May 6, 2013
CNOOC Sheds Investor Suit Over Bohai Bay Oil Spill
A New York federal judge on Monday tossed a proposed class action alleging China National Offshore Oil Corp. misled shareholders about the strength of its safety measures related to an oil spill in China's Bohai Bay, finding the suit failed to show that the company intentionally lied.
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May 6, 2013
FDA Official Leery Of Age Limits On Caffeinated Foods
A top U.S. Food and Drug Administration official said Friday that it may not be practical to impose age restrictions on the purchase of caffeine-infused food, days after the agency announced it was considering cracking down on the products.
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May 6, 2013
Ford Skirts Suit Over Ranger Seat Belt, Airbag Defects
A federal judge on Thursday tossed a Pennsylvania man’s lawsuit against Ford Motor Co. alleging the company’s Ranger model seat belts and airbag system were defective and responsible for injuries he suffered in a crash, saying his claims were time-barred.
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May 6, 2013
Explosives Co. Must Face Insurers' Coverage Suit Over Blast
An explosives recycling company facing property damage litigation over a Louisiana blast lost its bid to escape two suits from insurers who say they don't owe it coverage on Thursday, when a federal judge found he had jurisdiction because the insurers were seeking to rescind their policies.
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May 6, 2013
BP Says Ruling Could Imperil $7.8B Oil Spill Settlement
BP PLC on Friday told the Fifth Circuit that a Louisiana federal judge's ruling has led to "absurd and egregiously inflated" payouts to thousands of Gulf of Mexico businesses claiming losses from the Deepwater Horizon disaster, potentially invalidating the $7.8 billion settlement under federal rules.
Expert Analysis
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No Touch Up On 'Natural' Beauty By Calif. Court
In the recent ruling of Astiana v. Hain Celestial Group Inc., the U.S. District Court for the Northern District of California dismissed a putative class action alleging that cosmetics manufacturers' "natural" labels were misleading. The opinion reinvigorates a judicial approach that could even the balance between plaintiffs and defendants in such class action, says William Dance of Tucker Ellis LLP.
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Not Dead Yet — Calif. Corporate Liability In The Afterlife
By reviewing Greb v. Diamond International Corporation and Robinson v. SSW Inc., the California Supreme Court will resolve whether an out-of-state state-dissolved corporation can be subject to suit in California courts after its state's continuance period expires. There are two plausible paths the court could take to reach a result in which non-California corporations and their shareholders and insurers could rest in peace in the corporate afterlife, say attorneys with Miles & Stockbridge PC.
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The Devil Is In 'Where To Disclose' Supply Chain Details
While most compliance and supply chain professionals by now generally appreciate the California Transparency in Supply Chains Act’s objective and basic mechanics, a visit to the homepage of your favorite manufacturer or retailer is likely to reveal that there continues to be a surprising level of confusion over something exceptionally basic: namely, where the disclosure must be announced, say attorneys with Perkins Coie LLP.
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A Food Industry Issue Menu For 2013: Part 1
This year is sure to bring a number of significant changes to the food and beverage industry, especially given the 2012 election results and the continued momentum of several hot topics from 2012 that attracted the attention of government officials, agencies and the general public. Food labeling, food safety and taxes on sweetened beverages are a few areas in which we expect to see such changes, say attorneys with McGuireWoods LLP and McGuireWoods Consulting LLC.
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7 Resolutions For Legal Industry Marketing In 2013
The New Year is still in its infancy, and there is no better time to craft a list of professional resolutions. To ease into the process, consider seven easy steps for super-charging your marketing and communications efforts in 2013, says Michael Bond of Blattel Communications.
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Primary Jurisdiction May Be Useful In Food Labeling Cases
In recent years, there has been a growing number of consumer fraud class actions brought against the manufacturers of regulated products. The recent case Taradejna v. General Mills Inc. reminds defense attorneys everywhere that when defending claims involving regulated products, it is well worth considering whether the doctrine of primary jurisdiction should result in the dismissal of the plaintiff’s claim, says Brendan Krasinski of Alston & Bird LLP.
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Preparing Your Witness To Be A Performer
How do we prepare a witness, a layperson having no training in the art of litigation, to give an effective and memorable performance? A number of tips, when incorporated into your practice of law, will surely strengthen your witness's presentation at deposition and trial and the overall merits of your case, says Erika Ronquillo of Marshall Dennehey Warner Coleman & Goggin PC.
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Wyeth V. Weeks: Implications For Pharma Manufacturers
Recently, in Wyeth Inc. v. Weeks, the Supreme Court of Alabama adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so. The holding in this case remains the minority view, significantly outnumbered by the "traditional" products liability theory, and could greatly impact brand-name manufacturers who historically have enjoyed an exit strategy based on product identification, say attorneys with Morrison & Foerster LLP.
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Exploiting Calif.'s 'All Natural' Food Craze
New Year’s resolutions may already be waning, but consumers continue to purchase foods and beverages bearing the "all natural" labels in an effort to eat healthier. As seen by several recent cases, the only food trend hotter than buying "natural" foods and beverages is suing the manufacturers that produce them, says Scott Galla with Cozen O'Connor.
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Challenging Ex Parte Communications With Physicians
A new issue of concern to the plaintiffs bar is defendants' increasing ability to talk with plaintiffs’ treating physicians. In light of recent mass tort rulings, we can expect the courts to continue to protect the physician-patient privilege where it exists, but that privilege does not and should not be permitted to extend to allow the woodshedding of physicians with documents and information that they have never seen or known, says Lela Hollabaugh of Bradley Arant Boult Cummings LLP.