Product Liability

  • August 18, 2017

    Feds Seek 3 Years For Ex-VW Engineer In Emissions Scandal

    Federal prosecutors asked a Michigan federal judge Friday to sentence ex-Volkswagen AG engineer James Liang to three years in prison after he pled guilty to charges stemming from the diesel emissions scandal, while his attorney sought house arrest and community service.

  • August 18, 2017

    Jury Hands J&J, Bayer Win In 3rd Xarelto Bellwether

    A Mississippi federal jury on Friday sided with Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. in a bellwether case brought by a woman claiming the blood thinner Xarelto caused gastrointestinal bleeding that required her hospitalization, according to the plaintiff’s and defendants’ representatives.

  • August 18, 2017

    Wash. Justices Won't Rethink Pollution Exclusion Ruling

    The Washington Supreme Court on Thursday refused to disturb its holding in April that a pollution exclusion doesn't negate coverage under a commercial general liability policy when negligence is the primary cause of a loss, a ruling that was hailed by policyholders and maligned by insurance companies.

  • August 18, 2017

    Gold King Spill Vows Could Be Fool's Gold For Pruitt

    U.S. Environmental Protection Agency chief Scott Pruitt's recent promise to take a fresh look at tort claims over the agency's role in the 2015 Gold King Mine disaster may score political points by trashing his predecessors, but the move is likely to backfire if the agency doesn't follow through with compensation or tackle the threat of future spills, attorneys say.

  • August 18, 2017

    Jelly Belly Gets 'Cane Juice' Class Action Trimmed

    A California federal judge on Friday trimmed nonmonetary claims from a proposed class action suit alleging Jelly Belly Candy Co. misleadingly referred to sugar in some products as "evaporated cane juice," finding the only injury the lead plaintiff had alleged was that she lost money.

  • August 18, 2017

    Phone Billing Cos. Seek $38.5M In Damages For 'Cramming'

    BSG Clearing Solutions North America LLC has filed a lawsuit against 48 individuals and companies alleging they are “at the center of a vast scheme” that billed phone customers for unauthorized services and left BSG on the hook for $38.5 million in indemnity obligations.

  • August 18, 2017

    Bigger Claim Window Sought For Institutionalized NFLers

    An attorney representing former NFL players in the concussion settlement in Pennsylvania federal court said Friday that “institutionalized” and other unrepresented ex-players should be given two years to register for potential settlement benefits, upping his initial, one-year request from earlier this month.

  • August 18, 2017

    Mich. Doctor Charged With Prescribing Unnecessary Opioids

    A Dearborn, Michigan, doctor and his medical assistant have been charged with prescribing unnecessary controlled substances, including opioids, the state attorney general announced Friday.

  • August 18, 2017

    J&J Unit Looks To Block Damages After Pelvic Mesh Win

    A Johnson & Johnson unit has launched an appeal challenging a Pennsylvania judge's order reviving a woman's bid for damages over injuries she claims she suffered after receiving a pelvic mesh implant, despite a recent jury verdict clearing the company of liability.

  • August 18, 2017

    It’s Time For Deal Talks, Attys In Zimmer Knee MDL Told

    The Illinois federal judge overseeing multidistrict litigation over medical device manufacturer Zimmer Inc.’s NexGen knee implants said Friday she expects the parties to engage in serious settlement talks or mediation in the more than six-year-old case.

  • August 18, 2017

    Bed Bath & Beyond Bedsheets Called A Not-So-Luxurious Lie

    A putative class action filed in Florida federal court on Thursday claims that Bed Bath & Beyond Inc. deceived consumers by selling "100% Egyptian Cotton" bedsheets that actually contain only 16 percent of the premium fabric.

  • August 18, 2017

    Clark Hill Says It Couldn't Foresee Conflict In VW Appeal

    Clark Hill LLP has requested to withdraw as counsel for consumers from a Ninth Circuit case against Volkswagen, saying it unexpectedly inherited the case after a recent merger and had an obvious conflict as it also represents Volkswagen in other matters.

  • August 18, 2017

    FDA Invites Input As Pharma-Ad Overhaul Looms

    The U.S. Food and Drug Administration on Friday invited wide-ranging feedback on its plan to overhaul broadcast advertisements for prescription drugs so that fewer risks are disclosed, the latest chapter in a yearslong process.

  • August 18, 2017

    EPA Superfund Cleanup Order Paused Over CERCLA Violation

    A Rhode Island federal judge Thursday found the U.S. Environmental Protection Agency made decisions that violated the Comprehensive Environmental Response, Compensation and Liability Act in developing a plan to mitigate health and environmental risks at a Superfund site, saying the remedial action can’t move forward until those decisions are addressed.

  • August 18, 2017

    South Korea Lifts US Poultry Import Ban

    South Korea has lifted its import ban on poultry products from the U.S. after it brought its most recent bird flu outbreak under control, the U.S. Department of Agriculture said Thursday.

  • August 17, 2017

    Apple Says Drivers, Not Phones, Cause Texting Crashes

    Apple urged a California state judge Thursday to toss a proposed class action alleging it puts profits over public safety by not installing lockout devices on iPhones that prevent texting while driving, saying courts have consistently held that distracted drivers are responsible for accidents, not phone manufacturers.

  • August 17, 2017

    Farmers' Toxic Advice Suit Against Monsanto Moves Ahead

    A Missouri federal judge on Thursday trimmed a putative class action that claims Monsanto Co. encouraged farmers to use the highly volatile and drift-prone herbicide dicamba on their genetically modified dicamba-resistant soybean and cotton crops, decimating thousands of acres of farmland surrounding the crops.

  • August 17, 2017

    Toyota Urges Court To Deny New Subclass In Takata MDL

    Toyota urged a Florida federal judge on Thursday to deny a request from three car owners to be named as class plaintiffs and to form a new subclass in multidistrict litigation over dangerously defective Takata Corp. air bags, saying a proposed settlement adequately protects their interests.

  • August 17, 2017

    Xarelto Patient Says Jury Can Decide Claims

    A woman claiming that the blood thinner Xarelto caused gastrointestinal bleeding that required her hospitalization told a Louisiana federal judge on Thursday that Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. can’t put an end to her bellwether trial.

  • August 17, 2017

    NFL Opposes Extension For Institutionalized Class Members

    The NFL on Thursday opposed a motion made by an attorney representing former football players in the concussion settlement class in Pennsylvania federal court asking for a yearlong extension for “institutionalized” ex-players to register for potential settlement benefits, arguing that the settlement already allows such late claims for “good cause.”

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • Liability Doesn't Have To Mean Punitive Damages Too

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    Last month a Florida jury returned a verdict against R.J. Reynolds Tobacco Co., but declined to impose punitive damages. This result underscores the importance and value of a focused punitive damages defense — especially in mass tort contexts where compensatory liability may be difficult to fully avoid, says Mitchell Morris of McGuireWoods LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opinion

    It’s Time To Fix FIFRA Preemption

    Lawrence Ebner

    Pesticides, like drugs and other products whose safe use is heavily regulated by the federal government, simply should not be subject to the whims of local government officials. The Federal Insecticide, Fungicide and Rodenticide Act is long overdue for an amendment that would expressly and unequivocally preempt all local regulation of pesticide sale and use, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.

  • The Future Of Business And Human Rights: More Regulation

    Christopher Walter

    Voluntary corporate human rights compliance, embedded within corporate social responsibility initiatives, has failed to maximize businesses’ potential to combat global human rights abuses. Increasingly, governments are pushing businesses to improve monitoring and combating of human rights abuses in their supply chains. In the meantime, businesses can be proactive, say Christopher Walter and Tom Plotkin of Covington & Burling LLP.