Product Liability

  • October 16, 2017

    Expert Links 'Filth' In Costco-Bound Berries To Hep A Death

    A food safety expert told a California jury Monday that Costco should have never sold a frozen berry blend behind a hepatitis A outbreak that allegedly killed an 89-year-old woman because “filth” found in pomegranate seeds headed for the blend was a clear warning for disease.

  • October 16, 2017

    Neutrogena Buyers Seek Class Cert. In Sunscreen Label Row

    Neutrogena customers urged a California federal judge Monday to certify a class of consumers who allege they were misled by a “naturally sourced” label on Pure & Free sunscreen products, while the company countered that a survey supporting the customers' motion “violates every rule in the book.”

  • October 16, 2017

    Celanese's $2.4M Coverage Award Nixed By Mass. Court

    A Massachusetts appeals court on Monday vacated a decision ordering OneBeacon to repay Celanese Corp. for about $2.4 million the chemical company had paid to defend asbestos and other personal injury claims, finding that Celanese lost its right to reimbursement when it refused to let the insurer take control of its defense.

  • October 16, 2017

    Nestle Suit Over Glass In Spinach Teeters On Venue Row

    A California federal judge said Monday he’s considering dismissing Nestle’s contract suit against a frozen food provider over glass shards in spinach shipments that prompted a $9 million recall, after Inn Foods Inc. argued the parties don’t have sufficient ties to the locale.

  • October 16, 2017

    Daimler Recalls More Than 1 Million Vehicles For Air Bags

    Daimler AG on Monday reportedly said that it was recalling more than a million Mercedes-Benz vehicles around the world due to a potential issue with air bags deploying accidentally, including nearly 500,000 vehicles in the U.S.

  • October 16, 2017

    Prevagen Memory Product Maker Fights Cert. In Ad Suit

    The maker of dietary supplement Prevagen asked a California federal judge Monday to deny certification to a proposed multistate class of consumers who say the company falsely advertised the cognitive benefits of a jellyfish protein in a drug it markets as a memory booster.

  • October 16, 2017

    Gov't Scientists Tell Of Rare Outbreak As Trial Nears End

    Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.

  • October 16, 2017

    Verdict Slashed By $2M In Fla. Ladder-Fall Trial

    A Florida judge on Monday slashed a $4.7 million verdict for a fall from an allegedly defective ladder, saying subsequent unrelated medical problems served as a cutoff point for damages calculations.

  • October 16, 2017

    Calif. County Sheds Strip Search, Retaliatory Raid Claims

    A California federal judge has agreed to toss a lawsuit from two ex-California wastewater treatment facility executives against Ventura County over allegedly illegal strip searches and retaliatory raids relating to a 2014 explosion.

  • October 16, 2017

    Mo. High Court Pauses J&J Talc Cancer Trial Over Venue Row

    Johnson & Johnson has won a round in its bid to move a product liability case involving its now-infamous talcum powder products out of St. Louis city court and into county court, as the Missouri Supreme Court preliminarily granted the company’s request to overturn a lower court’s order that blocked the move, pausing the proceedings in the meantime.

  • October 16, 2017

    Insurers Sue Saudi Arabia For $1.5B In Losses After 9/11

    A group of 17 insurance companies from the U.S., Europe and Canada sued Saudi Arabia, two Saudi financial institutions and the construction company founded by Osama bin Laden’s father on Friday in New York federal court over their alleged roles in the 9/11 terrorist attacks, seeking compensation exceeding $1.5 billion.

  • October 16, 2017

    Privacy Groups Want Recall On 'Spying' Google Speaker

    The Electronic Privacy Information Center and consumer groups on Friday pushed the U.S. Consumer Product Safety Commission to recall the Google Home Mini, a smart speaker device that was recording private conversations, saying the problem stems from a “classic” manufacturing defect.

  • October 16, 2017

    FDA Finding Doesn't Absolve Forest Labs, Parents Say

    Parents who bought antidepressants for their children urged a Massachusetts federal court on Friday to keep alive multidistrict litigation alleging Forest Laboratories LLC fraudulently promoted Celexa and Lexapro to treat pediatric depression, saying the FDA's finding that one treatment study was promising doesn't rule out other, contradictory evidence.

  • October 16, 2017

    Jeep Drivers Fight For Class Cert. In Hacking Suit

    Consumers claiming some Jeep vehicles are susceptible to hacking asked an Illinois federal court Friday to certify a class of 1.4 million car owners, even as Fiat Chrysler made a bid for a quick win in the case on the grounds that potential vulnerabilities are no basis for legal liability.

  • October 16, 2017

    NFL Concussion Deal Proceeds Can't Be Sold Off, Court Told

    Class counsel in multidistrict National Football League concussion litigation on Friday urged a Pennsylvania federal judge to rule that an uncapped settlement agreement prohibits players from assigning their payouts to a third party, hitting back at claims by a settlement advance firm accused of scamming NFL retirees with high-cost loans.

  • October 16, 2017

    Counsel In J&J 'Natural' Labeling Suit Seek $2.25M Fees

    Counsel for a class of consumers that reached a $6.75 million agreement with Johnson & Johnson to end claims over allegedly misleading labeling on Aveeno personal care products on Friday urged a New York federal court to allocate $2.25 million of the settlement fund to attorneys’ fees and expenses.

  • October 13, 2017

    Mass. Senate Passes Ban On Firearm Bump Stocks

    The Massachusetts Senate on Thursday unanimously voted to ban bump stocks  and trigger cranks, which allow users to modify semiautomatic guns into fully automatic ones, following the deadly mass shooting in Las Vegas earlier this month.

  • October 13, 2017

    Eliquis MDL Sees 24 Suits Trimmed Due To Forum Rule

    A New York federal judge on Friday dismissed 20 suits against Pfizer Inc. and Bristol-Myers Squibb Co., wiping out the bulk of what remains of multidistrict litigation alleging that the companies didn’t warn consumers of the risks associated with the blood thinner Eliquis, saying they can’t be sent back to state court.

  • October 13, 2017

    EPA, Chemical Cos. Draw Up New Regs For Dicamba Herbicide

    The U.S. Environmental Protection Agency reached an agreement on Friday with major agricultural and chemical manufacturers, including Monsanto and DuPont, to reduce damage caused by a weed killer that can drift and hurt nearby crops, deciding that new requirements were appropriate.

  • October 13, 2017

    Polaris Ditches Investor Suit Over Off-Road Vehicle Recalls

    A Minnesota federal judge on Friday threw out a proposed class action alleging Polaris Industries Inc. concealed the true risks to its business resulting from defects in its off-road vehicles, finding that the investors behind the suit hadn’t backed up their securities fraud claims with any actionable misstatements or omissions.

Expert Analysis

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.