Product Liability

  • March 19, 2018

    Mass. Court Ruling Eases Way For Brand Drug Label Claims

    The Massachusetts high court’s ruling that Merck & Co. and other name-brand drugmakers can be liable under state law for mislabeled generics as long as consumers claim that a company acted recklessly in not updating the drug’s label opens up a new path for consumers to bring claims against brand manufacturers in the state.

  • March 19, 2018

    Co. Did Not Warn Of Mesh Product Risks, NJ Jury Told

    Counsel for a woman suing C.R. Bard Inc. over pelvic mesh products told a New Jersey state jury Monday that the business knew the devices were unsafe and failed to warn doctors about potential risks, but a company attorney countered that they were safe and that adequate warnings had been provided.

  • March 19, 2018

    Newly Filed Miami Bridge Collapse Suit Won't Be The Last

    A cyclist who was injured last week when a pedestrian bridge collapsed in Miami filed suit Monday, the first of what experts say will be dozens of cases stemming from the tragic accident that killed six people.

  • March 19, 2018

    Apple, Google Must Warn Distracted Drivers, Calif. Court Told

    A citizens group urged a California appeals court Monday to revive its suit contending Apple, Google, Samsung and Microsoft must warn consumers about the dangers of using smartphones while driving, but found little traction for the proposition that companies are responsible for warning against illegal use of their products.

  • March 19, 2018

    SF Firm Settles Appeal Of $1.1M Discovery Deceit Sanction

    A San Francisco law firm hit with a $1.12 million sanction for “egregious” discovery misconduct and a failure to investigate and turn over thousands of documents withheld by a client in an asbestos case has had the order vacated by a Hawaii state court as part of a settlement deal.

  • March 19, 2018

    3M Says Philly-Area Contamination Suit Should Stay On Hold

    3M Co., a Tyco International unit and three other companies accused of contaminating the water supply in the Philadelphia area pushed back Friday against an attempt by residents to resume the case, arguing that they haven't given a good reason to lift the judge's stay before two related cases are decided at the Third Circuit. 

  • March 19, 2018

    Offshore Manufacturer Wants Out Of Petrobras' $400M Suit

    Spanish offshore equipment manufacturer Vicinay Cadenas SA urged a Texas federal court on Monday to dismiss Petrobras America Inc.'s lawsuit seeking $400 million over an allegedly defective chain used to support a floating oil and gas facility, because, despite Petrobras assuring the court its claims didn't rely on a purchase order, it is now arguing otherwise.

  • March 19, 2018

    Experts Didn't Prove Hernia Mesh Caused Injuries, Court Says

    The New Jersey Appellate Division on Monday refused to revive a product liability case alleging a medical mesh caused a host of complications for a hernia patient, ruling the patient’s expert witnesses couldn’t prove the product caused the problems.

  • March 19, 2018

    Scotts Can't Get Quick Win In Bird Seed Class Action

    A California federal judge declined Monday to grant Scotts Miracle-Gro Co.’s bid to throw out a class action alleging the lawn and garden products maker knowingly sold bird food laced with toxic pesticides, ruling it can’t get a quick win based on a 2017 U.S. Supreme Court ruling.

  • March 19, 2018

    Oglala Sioux Tribe Targets Drug Cos. With Opioid Suit

    The Oglala Lakota Sioux tribe on Friday hit two dozen drug makers and distributors with a suit in South Dakota federal court, adding to the torrent of litigation over the companies’ alleged roles in contributing to the abuse of opioids among tribe members and others.

  • March 19, 2018

    Insurer Fights Coverage Of Row Over Texas Sports Complex

    Insurer Mt. Hawley Insurance Co. lobbed a lawsuit in Texas federal court on Friday at a trio of companies responsible for building a municipal sports complex in a San Antonio suburb, saying it should not have to cover a lawsuit alleging the firms provided a subpar finished product.

  • March 19, 2018

    Akerman Adds 2 Dykema Attys To Fraud, Recovery Group

    Akerman LLP on Friday announced that it has bolstered its fraud and recovery practice group in Dallas with the addition of two partners it hired away from Dykema Cox Smith PLLC, bringing the total number of litigation and transactional attorneys that the firm employs in Texas to almost 60.

  • March 19, 2018

    Trump Unveils 4-Point Plan For Easing Opioid Crisis

    President Donald Trump unveiled a four-part plan Monday for curbing the opioid crisis with a wide-ranging mix of policies, including tougher criminal enforcement, stricter border security, expanded addiction treatment and a nationwide educational campaign.

  • March 19, 2018

    Supreme Court Spurns Flint's Bid To Hear Toxic Water Suits

    The U.S. Supreme Court on Monday declined to review a Sixth Circuit ruling that revived a pair of lawsuits stemming from the water contamination crisis in Flint, Michigan, leaving intact the circuit court’s conclusion that constitutional claims by residents and businesses are not preempted by the federal Safe Drinking Water Act.

  • March 19, 2018

    ‘Super Herb’ Drinks Don’t Benefit Health, Suit Says

    A plant-based beverage maker was hit with a proposed class action Friday in New York federal court for allegedly making unsupported claims about the health benefits of so-called super herbs and coconut oil, as well as misrepresenting that the drinks are made with real coconut milk.

  • March 19, 2018

    Uber Halts Self-Driving Car Tests After Ariz. Pedestrian Death

    Uber has suspended testing of its self-driving cars in several U.S. cities and Toronto on Monday after one of its self-driving cars struck and killed a Tempe, Arizona, woman who was crossing a street in what might be one of the first pedestrian deaths involving an autonomous car operating on public roads.

  • March 19, 2018

    Teva Can't Get Justices To Nix Suit Alleging Drug-Cancer Link

    The U.S. Supreme Court on Monday refused to hear Teva Pharmaceuticals USA Inc.'s challenge to the revival of allegations the drugmaker and GlaxoSmithKline LLC's inflammatory bowel disease medication, when taken with other drugs, increased the risk of a rare cancer that killed the plaintiffs' son.

  • March 19, 2018

    Autoliv Must Face Ga. Fatal Crash Suit, 11th Circ. Says

    The Eleventh Circuit reinstated part of a lawsuit against seat belt manufacturer Autoliv Japan Ltd. on Friday, ruling Georgia law doesn’t exempt the company from liability for the death of a driver whose family claims that his seat belt failed when he ran off the highway and crashed.

  • March 19, 2018

    Western Pa. Cities Latest To Strike At Opioid Manufacturers

    Three western Pennsylvania municipalities are joining the flood of litigation against opioid manufacturers, crossing the state Friday to file a class action in Philadelphia that accuses Purdue Pharma LP, Johnson & Johnson and others of deceptive marketing.

  • March 16, 2018

    Philly Litigator Rips Opioid Defense Attys At Conference

    A veteran Philadelphia plaintiff's attorney who is representing the city in litigation against drugmakers over the opioid crisis suggested that attention should be paid to the drug manufacturers' lawyers, at a forum on legal responses to the crisis on Friday.

Expert Analysis

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive and raise questions as to whether the cost of the opioid battle is more justifiably absorbed by public health legislation, the private pharmaceutical industry or insurers, says Adam Fleischer of BatesCarey LLP.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an ANDA, or abbreviated new drug application — as opposed to an NDA, or new drug application — federal regulation of drug labeling preempts state-law failure-to-warn claims, says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Trends In China's Food And Packaging Laws: Part 2

    David Ettinger

    China has recently implemented a number of changes to its food regulatory system. U.S. beef can again be imported to China after a 14-year prohibition. But companies must comply with new standards for food manufacturer certification, food labeling and food packaging, say attorneys with Keller and Heckman LLP.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Trends In China's Food And Packaging Laws: Part 1

    David Ettinger

    As China says "zai jian" to the Year of the Rooster and "ni hao" to the Year of the Dog, it's a good time to reflect on developments in China's food laws in 2017. Many important food regulations and standards were revised, including rules on health foods, GMOs and infant formula, say attorneys with Keller and Heckman LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.