Product Liability

  • October 23, 2020

    Business Groups Rally Behind J&J's $465M Opioid Appeal

    The U.S. Chamber of Commerce, a defense bar organization called the Product Liability Advisory Council and other lobbying groups have urged the Oklahoma Supreme Court to overturn a nearly half-billion-dollar judgment against Johnson & Johnson in the nation's first and only opioid-crisis trial.

  • October 23, 2020

    9th Circ. Judge Doubts Monsanto's $25M Roundup Argument

    A Ninth Circuit judge appeared skeptical Friday of Monsanto's arguments that a $25 million judgment over Roundup's links to cancer must be overturned due to the Environmental Protection Agency's approval of the herbicide, saying a federal statute prohibits companies from using their herbicide registrations as a defense.

  • October 23, 2020

    NY Court Revives Dick's Sporting Goods Crossbow Injury Suit

    A New York state appeals court has partially revived a suit against Dick's Sporting Goods over an allegedly defective crossbow, squashing a product liability claim but finding the retailer may have been negligent by first repairing the weapon.

  • October 23, 2020

    Ex-NFLer's Estate May Settle $2M Concussion Malpractice Suit

    A Manhattan federal judge on Friday directed counsel for a deceased former Buffalo Bills running back to hold settlement talks in a legal malpractice suit accusing Kreindler & Kreindler LLP and Kyros Law of blowing a deadline that could lave landed his estate a $2 million concussion settlement check.

  • October 23, 2020

    Boeing Says Union Can't Sue For Southwest Pilots' Wages

    Boeing told a Texas state court judge Friday that the Southwest Airlines pilot union can't legally continue with its suit claiming the company's misrepresentations about its 737 Max jets cost the pilots tens of millions in lost wages, but they individually are free to file similar claims.

  • October 23, 2020

    Samsung Sued Over Exploding E-Cigarette Battery

    A Massachusetts man injured when an electronic cigarette exploded in his pocket filed suit in Massachusetts federal court Friday against Samsung to hold the company responsible for manufacturing an "unreasonably dangerous" battery for the defective device.

  • October 23, 2020

    Texas Justices Free Fitness Co. From Treadmill Death Suit

    The Texas Supreme Court on Friday ended a wrongful death lawsuit stemming from a woman's fatal treadmill accident, determining the purchaser of the allegedly faulty machine, JHTNA Manufacturing LLC, did not inherit liability for that claim.

  • October 23, 2020

    RJR Escapes 'Excessive' $16M Verdict For Smoker's Death

    A Florida appeals court on Friday undid $16 million in punitive damages against R.J. Reynolds Tobacco Co. in a wrongful death suit over its cigarettes, saying the penalty is excessive when compared with the compensatory damages in the case.

  • October 22, 2020

    Gilead's Remdesivir Wins 1st FDA Full Approval For COVID-19

    The U.S. Food and Drug Administration on Thursday gave the green light to Gilead's antiviral drug remdesivir for treatment of hospitalized COVID-19 patients that are at least 12 years old, marking the agency's first full approval for a drug to treat COVID-19.

  • October 22, 2020

    FDA Advisers Fear Coronavirus Vaccines Won't Help Enough

    A highly anticipated gathering of U.S. Food and Drug Administration advisers Thursday featured extensive debate over whether the agency is poised to clear coronavirus vaccines that won't do enough to prevent severe cases of COVID-19.

  • October 22, 2020

    Walmart Sues Feds To Get Ahead Of Possible Opioid Suit

    Walmart hit several government agencies with a lawsuit in Texas federal court on Thursday seeking a declaration that it can't be found liable for its current opioid prescription practices and slamming the U.S. Department of Justice for threatening legal action over "unwritten expectations."

  • October 22, 2020

    9th Circ. Says Injunctions Must Update When Rules Change

    Judges must modify injunctions when an underlying law or regulation changes without considering whether the result would be inequitable, the Ninth Circuit said Thursday in a landfill emissions dispute.   

  • October 22, 2020

    Southwest Slams Investors' Safety Lapse 'Scheme' Claims

    Southwest Airlines asked a Texas federal judge Wednesday to reject a pair of pension funds' allegations that the airline concealed a record of safety lapses, which came to light after a deadly 2018 engine explosion, through a purported yearslong scheme in its common course of business.

  • October 22, 2020

    Health Group Says Dollar Tree Sandwiches Contain Lead

    A health nonprofit is suing Dollar Tree Stores Inc. and one of its suppliers in California state court, alleging that breakfast sandwiches sold at the stores contain lead.

  • October 22, 2020

    Calif. High Court Won't Review $21M Monsanto Verdict

    The California Supreme Court has refused to hear appeals over a $20.6 million payout awarded to a former school groundskeeper after a jury found Monsanto Co.'s Roundup weedkiller caused his cancer.

  • October 22, 2020

    Judiciary Panel Sends Barrett Nomination To Full Senate

    Republicans on the Senate Judiciary Committee voted Thursday to advance U.S. Supreme Court nominee Amy Coney Barrett to the Senate floor despite a Democratic boycott, setting the stage for a final confirmation vote as soon as Monday.

  • October 21, 2020

    Ex-Blue Bell President Faces New Listeria Cover-Up Charges

    A Texas federal jury indicted the former president of Blue Bell Creameries, marking the second time he's faced criminal charges that he attempted to cover up a deadly 2015 listeriosis outbreak linked to the ice cream maker's products, the U.S. Department of Justice announced Wednesday.

  • October 21, 2020

    Ex-Pierce Bainbridge Attys Can Seal Motion In Boeing Suit

    A Texas federal judge on Wednesday allowed Hecht Partners LLP to file under seal a motion seeking that either the firm be allowed to withdraw from a proposed racketeering class action against Southwest Airlines and Boeing or that the court compel the attorneys representing ticket buyers to cooperate.

  • October 21, 2020

    Meet The Attys Guiding Purdue On $8B DOJ Opioid Plea Deal

    The top attorneys guiding embattled OxyContin maker Purdue Pharma LP through Wednesday's historic plea deal include a handful of former federal prosecutors and an attorney who investigated the NFL's "Deflategate" controversy.

  • October 21, 2020

    Oil Co. Can Pursue Atty Fees From Insurer, Wyo. Justices Told

    A Sinclair Oil Corp. unit on Wednesday urged the Wyoming Supreme Court to hold that the state's law applies to its property policy with Infrassure Ltd. and other insurers, which would permit the company to pursue attorney fees from Infrassure in a dispute over coverage for a 2014 petroleum refinery fire.

  • October 21, 2020

    Where DOJ's Opioid Blitz Stands After Purdue's Criminal Case

    The U.S. Department of Justice's multibillion-dollar felony case blaming Purdue Pharma for "a national tragedy of addiction and deaths" involving narcotic painkillers is just one part of the DOJ's fast-growing criminal crackdown on the drug industry's opioid-crisis profiteering.

  • October 21, 2020

    Sackler Factor Could Sink Purdue's $8B Opioid Deal With DOJ

    While the $8 billion criminal and civil settlement OxyContin maker Purdue Pharma made with the federal government resolves the Chapter 11 claim from its single largest creditor, it could draw fatal opposition in bankruptcy court for failing to address the potential liability related to the Sackler family's ownership of the company.

  • October 21, 2020

    VW Escapes California Sales Reps' Lost Commission Suit

    A California federal judge on Wednesday snuffed a proposed class action from Volkswagen salespeople alleging the German automaker was liable as a joint employer for wage and hour violations and the commissions they lost when the emissions-cheating scandal erupted in 2015.

  • October 21, 2020

    Fla. Court Won't DQ Judge In RJ Reynolds Cancer Case

    A Florida appeals court on Wednesday denied a petition to disqualify a trial judge in an Engle progeny case that resulted in a $6 million judgment against R.J. Reynolds from presiding over the plaintiff's bid for punitive damages.

  • October 21, 2020

    Toyota Can't Arbitrate Prius Stalling Defect Suit, Judge Says

    Toyota must continue to fight in court all of a proposed consumer class action that claims its hybrid Prius cars were prone to stalling, a California federal judge ruled Tuesday, shutting down the automaker's bid to have the claims from two plaintiffs pushed to arbitration.

Expert Analysis

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Vaping And COVID-19: Plausibility And Causality

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    A plausible correlation between vaping and increased COVID-19 risk has already led to liability claims against e-cigarette manufacturers — but it is unclear whether plaintiffs will be able to prove causality, say attorneys and a scientific adviser at DLA Piper.

  • 5 Tips For Overcoming Online Jury Selection Challenges

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    Online voir dire presents logistical hurdles — such as inattentive jurors, technological limitations and the inability to question all prospective jurors at the same time — but there are ways attorneys can improve the process, says Rick Norris at Dentons.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • 2 NJ Rulings Expand Manufacturer Liability

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    The New Jersey Supreme Court's recent decisions in Whelan v. Armstrong International and Sun Chemical v. Fike Corp. suggest that the state's courts may now hold an equipment manufacturer liable for failure to warn about third-party replacement parts that did not exist when the original equipment was sold, say Michael Posavetz and David Katzenstein at Eckert Seamans.

  • 2nd Circ. Gives Teeth To Omnicare Securities Fraud Standard

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    The Second Circuit's recent Abramson v. NewLink decision shines new light on the U.S. Supreme Court's 2015 Omnicare ruling, potentially opening up new avenues for securities fraud claims, and suggesting that issuers exercise more caution when expressing opinions, says Chris Provenzano at Provenzano Granne.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • Beirut Blast Shows Need To Review Ammonium Nitrate Regs

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    The recent ammonium nitrate explosion in Beirut should prompt renewed scrutiny of how the U.S. regulates use and storage of this chemical, and a stronger focus on policies that balance its benefits against its risks to people and the environment, says Karen Cullinane at Goldberg Segalla.

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