Product Liability

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    Expert Ups Suggested Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.

  • January 19, 2018

    '#Killinnazis' Uproar Shows Attys Must Tread Lightly Online

    Recent fallout from courthouse photos posted to an attorney’s Instagram page, including his loss of admission privileges in Philadelphia and the challenging of a $28 million jury verdict based on his use of the inflammatory hashtag “#killinnazis,” offers a cautionary tale about how even purportedly personal social media use can land lawyers in trouble, experts say.

  • January 19, 2018

    Del. Becomes Latest To Sue Pharmas Over Opioid Crisis

    Delaware on Friday sued a slew of opioid makers, distributors and pharmacies, seeking to hold them to account for their roles in creating an opioid addiction crisis that was declared a nationwide public health emergency in October.

  • January 19, 2018

    7th Circ. Won't Revive Claims Of 1,000 Pfizer Suits In MDL

    The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.

  • January 19, 2018

    Vegetarians Lose False Ad Row With Buffalo Wild Wings

    A New York federal judge on Friday tossed a suit brought by a proposed class of vegetarians accusing Buffalo Wild Wings Inc. of frying nonmeat items in beef tallow, saying the suit hasn’t specified any injury besides the price paid for the fried food.

  • January 19, 2018

    Hacking Suit Should Be Tossed, Fiat Chrysler Tells Judge

    Fiat Chrysler Automobiles urged an Illinois federal judge Thursday to rethink his decision to keep alive a suit by Jeep owners who say certain models are vulnerable to hacking, with the carmaker contending the motorists have changed their argument.

  • January 19, 2018

    Jason Natural Can’t Quash Deodorant Labeling Suit

    Jason Natural Products Inc. lost a bid Friday to nix a proposed class action by consumers who claim they were misled by a “pure natural” label on its deodorant, when a California federal judge said that a jury should decide if the label is misleading to a reasonable consumer.

  • January 19, 2018

    Ford, Class Fight Exhaust-Odor Deal Objector In 11th Circ.

    Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.

  • January 19, 2018

    Whole Foods Recalls Cheesecake Bars In New England

    Whole Foods Market Inc. said Thursday that nine of its stores in three New England states were voluntarily recalling cheesecake bars that might contain almond flour, even though that ingredient was not listed on their labels.

  • January 19, 2018

    Fiat Chrysler Says Tire Defect Claims Are Too Old

    Fiat Chrysler asked a Delaware federal court Thursday to toss a proposed class action alleging that a defect in certain Chrysler and Dodge vehicles caused their tires to corrode or deflate, arguing the suit's consumer fraud and warranty claims are time-barred and others have no factual basis.

  • January 19, 2018

    Abbott, Plaintiffs Seek Stay Of Depakote Suits, Pending Talks

    Abbott Laboratories Inc. and AbbVie Inc., along with more than 200 plaintiffs, asked an Illinois federal judge Friday to pause dozens of cases over birth defects allegedly caused by a seizure medication, as the drugmakers participate in settlement negotiations.

  • January 19, 2018

    1st Circ. Urged To Revive Conagra ‘Natural’ Labeling Suit

    A consumer alleging Conagra Brands Inc.’s Wesson brand cooking oils are misrepresented as "natural" urged the First Circuit on Thursday to revive her proposed class action in Massachusetts, arguing the labeling does in fact mislead a reasonable consumer.

  • January 18, 2018

    GSK Says Families Too Late To Amend Zofran MDL

    GlaxoSmithKline attorneys on Thursday blasted an attempt by hundreds of families who blame the company's widely prescribed antiemetic for unexpected birth defects to amend their lawsuits and loop in federal investigative materials produced during a year of discovery.

  • January 18, 2018

    West American Must Cover False Ad Suit, Nutiva Argues

    Nutiva Inc. urged a California federal judge Thursday to find that West American Insurance Co. and two other insurers must defend the food company against a putative class action alleging Nutiva misbrands its coconut oil as healthful, arguing the claims are covered by a “bodily injury” provision in the policy.

  • January 18, 2018

    Google Nexus Phone Defect Suit Not Going Away, Judge Says

    A California federal judge on Thursday advised Google that a putative class action brought over alleged battery-draining defects with its Google Nexus 6P smartphone is “not going to go away,” but indicated she would require the consumers to submit an amended, “cleaned-up” complaint with additional factual allegations.

  • January 18, 2018

    Calif. High Court Clarifies Construction Defect Suit Rules

    The California Supreme Court on Thursday issued a long-awaited decision clarifying when and how homeowners can sue builders over defects under the state’s Right to Repair Act, finding that homeowners can no longer bring common law claims without following prelitigation procedures.

  • January 18, 2018

    Judge Slashes Nationwide Claims From False Labeling Action

    A Chicago federal judge on Thursday cut nationwide claims from a man's proposed class action lobbing consumer fraud allegations against dietary supplement distributor NBTY Inc., applying U.S. Supreme Court precedent set in its landmark Bristol-Myers Squibb ruling to narrow his jurisdiction over the case.

  • January 18, 2018

    Senators Push NHTSA For Details On Recent Air Bag Warning

    Two Democratic senators on Thursday called on the National Highway Traffic Safety Administration to get to the bottom of what made Takata air bags in certain 2006 Ford Rangers so dangerous that owners of those vehicles had to be warned last week to stop driving them right away.

  • January 18, 2018

    Pella Prevails In Coverage Dispute With Liberty Mutual

    An Iowa federal court has ruled that Liberty Mutual Insurance Co. must foot the bill for Pella Corp.’s defense as the window maker fights dozens of product liability claims, a decision that ends one phase of the companies' contentious dispute and potentially unlocks millions in coverage for Pella.

Expert Analysis

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.

  • Ruling On Short Sandwiches May Cast A Long Shadow

    J. Philip Calabrese

    One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Getting A 'Fair Share' Of Asbestos Liability In Pa.

    Albert Piccerilli

    In Roverano v. John Crane Inc., the Pennsylvania Superior Court recently ruled that the state's Fair Share Act, which provides for apportionment of liability among tortfeasors, applies to strictly liable defendants in asbestos actions. The challenge will be in formulating arguments over what share of liability each tortfeasor deserves, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Applying BMS To Federal Class Actions: Due Process Matters

    J. Gordon Cooney

    One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Series

    What I Learned In My 1st Year: Read The Whole Thing

    James Beck

    As a beginning associate at a large Philadelphia law firm, I was tasked to fill in case citations on a brief. I found something that looked like exactly what I wanted for a particular legal proposition, but I did not bother to read the entire case. That was a big mistake — and led to an important lesson, says James Beck of Reed Smith LLP.

  • Settlement Aspirations Enter The Opioid MDL

    Adam Fleischer

    Two freight trains driving the opioid multidistrict litigation appear to be on a collision course. Journalistic investigations have revealed much about what the pharmaceutical industry knew about the opioid crisis, but just this week, Judge Dan Aaron Polster of the Northern District of Ohio made clear his plans to push the matter toward a global resolution in 2018, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • 3-D Printed Implants Pose Challenge For Product Regulators

    Richard Rubenstein.jpg

    When it comes to 3-D printed medical implants, both the courts and federal regulators lag behind the technology. A system designed to regulate mass-produced medical products may not be equipped to protect consumers against the risks presented by 3-D printed, individualized devices, say Richard Rubenstein and Jianlin Song of Wilson Elser Moskowitz Edelman & Dicker LLP.