Product Liability

  • May 24, 2017

    6th Circ. Affirms Decision To Keep VW Exec In Detention

    A Volkswagen AG executive accused of aiding in the conspiracy to cover up the diesel emissions test scandal will remain in pretrial detention after a Sixth Circuit panel on Wednesday denied his bid to overturn a lower court decision that ruled him a flight risk.

  • May 24, 2017

    Phony 5-Hour Energy Bottle Maker Gets Over 2 Years

    A California federal judge sentenced a bottle maker on Wednesday to more than two years in prison for his role in a massive scheme to counterfeit 5-Hour Energy drinks, saying he must serve prison time even if he didn’t originally know conspirators had asked him to make packaging for phony products.

  • May 24, 2017

    Honda Won't Remedy Defective Engine Starters, Suit Says

    A Honda Accord owner hit the car manufacturer with a putative class action in New Jersey federal court on Wednesday, alleging Honda has violated consumer fraud laws by failing to remedy a defect to the engine starter system that can cause motors and batteries to fail.

  • May 24, 2017

    State Farm Needn't Defend Building Inspector, Judge Says

    A South Carolina federal judge ruled Wednesday that State Farm doesn't have to defend a building inspector in a slew of lawsuits over the company's allegedly insufficient inspections of several construction projects, holding that a policy exclusion for failure to render professional services bars coverage.

  • May 24, 2017

    Judge OKs $177M Settlement Over Enbridge Pipeline Spills

    A Michigan federal judge on Tuesday signed off on a final agreement that requires Canadian pipeline giant Enbridge to pay $177 million in civil penalties and pipeline safety upgrades to resolve pollution claims related to oil pipeline spills in Michigan and Illinois in 2010.

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    Jury Readies To Mull 4th Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Thursday whether a Johnson & Johnson unit is liable for a Pennsylvania woman's pain and inability to have sexual intercourse, after three consecutive eight-figure jury verdicts against the company in lawsuits over allegedly defective pelvic mesh.

  • May 24, 2017

    Chipotle Shareholder Suits Over Food Safety Consolidated

    A Colorado federal judge on Wednesday consolidated two derivative suits brought by Chipotle Mexican Grill Inc. shareholders alleging officers’ and directors’ food safety failures resulted in costly outbreaks of food-borne illnesses at the restaurant chain starting in 2015.

  • May 24, 2017

    Costco, NBTY Can't Shake Supplement Label Row, Court Told

    A consumer told a California federal court on Tuesday that Costco and NBTY aren’t entitled to a quick win in a class action accusing them of falsely advertising that a ginkgo biloba product improves mental alertness and memory, saying that the evidence makes it clear the supplement is no better than a placebo.

  • May 24, 2017

    Bristol-Myers, Pfizer Made Faulty Blood Thinner, Suit Says

    Bristol-Myers Squibb Co. and Pfizer Inc. created a defective blood thinner that can cause irreversible bleeding and misrepresented the safety of the treatment, according to three separate suits filed in New York state court Monday by patients who suffered blood loss after taking the drug.

  • May 24, 2017

    Rap Star, Connecticut Theater Sued For Deadly Shooting

    Famed “battle” rapper Meek Mill and a Connecticut theater on Tuesday were slapped with a lawsuit in Waterbury Superior Court over a fatal shooting after a Dec. 30 concert, with one of the victims’ mothers accusing them of failing to protect audience members from violence that is known to break out at the rapper’s shows.

  • May 24, 2017

    Porn Studios Say Insurer Must Defend Actors' HIV Suits

    A pair of San Francisco-based porn studios on Tuesday asked a California federal court to rule that the State Compensation Insurance Fund must cover their defense of three suits brought by former performers who claim they contracted HIV during video shoots, saying the insurer can't definitively show that any exclusions apply.

  • May 24, 2017

    Riddell Concussion Claims May Head For State Court Fight

    A state court fight could be looming for former NFL players who had claims against football helmet maker Riddell, the next step in a yearslong series of suits over concussions and head injuries.

  • May 24, 2017

    ConocoPhillips To Pay $39M To Leave NJ Water Pollution Suit

    ConocoPhillips will pay $39 million to exit federal litigation in which dozens of companies have been accused of polluting New Jersey state waters with methyl tertiary butyl ether, or MTBE, a gasoline additive, according to a deal signed by a New York federal judge on Tuesday.

  • May 24, 2017

    Navistar Sued Again Over 'Defective' Engines, Brakes

    Truck and bus manufacturer Navistar Inc. on Tuesday was hit with another racketeering suit alleging that it knowingly sold school buses with defective diesel engines.

  • May 24, 2017

    Feds, Navajo Come To Agreement On Contamination Suit

    The El Paso Natural Gas Co. and the Navajo Nation told a D.C. federal judge on Tuesday that they have agreed to drop a suit against the federal government over contamination of a site within the nation’s boundaries, saying that the government has agreed to sample groundwater at the site.

  • May 24, 2017

    State AGs Announce $33M Deal With J&J Over OTC Drugs

    More than 40 state attorneys general on Wednesday announced they have reached a $33 million settlement with Johnson & Johnson and its subsidiary McNeil-PPC Inc. over misrepresentations made regarding the manufacturing practices of common, over-the-counter drugs that had to be recalled, including some children’s medicines.

  • May 24, 2017

    Abbott Eyes Settlement In Ensure Wheat Chunk Choking Case

    A New York woman who says she became "violently ill" and sustained injuries after choking on wheat chunks in a bottle of Ensure Plus is exploring a settlement with the nutrition shake's maker Abbott Laboratories, a Manhattan federal judge heard on Wednesday.

  • May 24, 2017

    FDA Delivers 1st Drug Promo Rebuke Under Trump

    The U.S. Food and Drug Administration’s drug promotion office has issued its first discipline of the Trump administration, scolding Orexigen Therapeutics Inc. for omitting and obscuring the risks of weight loss drug Contrave, a newly released letter shows.

  • May 24, 2017

    Depakote Ingredient Causes Spina Bifida, Expert Tells Jury

    The former head of the Centers for Disease Control and Prevention’s birth defect division told an Illinois federal jury Wednesday that the active ingredient in Abbott Laboratories’ anti-epilepsy drug Depakote dramatically increases the risk of spina bifida in fetuses.

Expert Analysis

  • Collaboration, Harmony Key For International Drone Rules

    William O'Connor

    While President Donald Trump's 2-for-1 order has stalled regulations for drone operations in the U.S., the European Aviation Safety Agency and the International Civil Aviation Organization have recently taken steps forward on regulating drones and the airspace in which they operate. Collaboration and global harmonization are key for industry to fully realize the benefits of this technology, say attorneys with Morrison & Foerster LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • Product Liability Plaintiffs May Aim For Tech Developers

    Robb Patryk

    Adam Alter's new book on technology-based behavioral addiction issues may unintentionally spur plaintiffs attorneys to launch product liability lawsuits against technology companies, holding them accountable for addictive products, say attorneys with Hughes Hubbard & Reed LLP.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Learning From Social Media For Adverse Event Reporting

    Mei Sheng Duh

    As researchers continue to develop tools and methods to analyze social media data after patients' exposure to pharmaceutical and biotechnology products, it becomes necessary to consider how to best use that data and how to limit the data's uses in identifying and evaluating drug-induced adverse events, say analysts at Analysis Group Inc.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • EPA Signals Shift In Superfund Decision-Making

    Jeremy Karpatkin

    Not only does U.S. Environmental Protection Agency Administrator Scott Pruitt’s recent delegation memo signal a potentially significant shift within the agency to centralize decision-making on major Superfund remedies, but it's also an important development in the broader context of recent controversies related to large Superfund sites, says Jeremy Karpatkin of Arnold & Porter Kaye Scholer LLP.