Product Liability

  • May 26, 2017

    Ethicon Seeks High Court Review In $3M Pelvic Mesh Suit

    Johnson & Johnson subsidiary Ethicon Inc. has asked the U.S. Supreme Court to review a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, saying the appellate court misunderstood precedent in allowing the exclusion of certain product review evidence.

  • May 26, 2017

    Coal Co. Says Botched Safety Device Sparked $2.3M Fire

    Signal Peak Energy has hit a containerized nitrogen plant supplier and the companies maintaining it with a suit claiming they disabled safety switches and failed to identify the risk, directly leading to a coal mine fire that caused $2.3 million in damages, in a complaint removed to Montana federal court.

  • May 26, 2017

    6th Circ. Puts Nucor Steel Plant Contamination Suit To Bed

    The Sixth Circuit on Thursday affirmed an Ohio district court’s pre-trial decision favoring Nucor Steel Marion, Inc. in a trespass and nuisance lawsuit that alleges the steel company emitted the hazardous chemical manganese onto several properties, saying the landowners don’t have enough evidence to bring a case to the courtroom.

  • May 26, 2017

    J&J's Aveeno Settles 'Natural' Labeling Suit For $6.75M

    Johnson & Johnson will pay $6.75 million and remove an “Active Naturals” label from a line of Aveeno products after consumers complained the name was deceptive since the products contained synthetic ingredients, according to a settlement agreement filed in New York federal court on Friday.

  • May 26, 2017

    Riddell Football Helmet Buyers Drop Concussion Claims Suit

    The football helmet buyers who accused Riddell Inc. of misleading consumers by claiming it used special technology that could reduce the likelihood of concussions have agreed to drop their putative class action, according to a dismissal stipulation filed Thursday in New Jersey federal court. 

  • May 26, 2017

    Pa. Woman Lands $95.6M After Building Collapse Arbitration

    A Philadelphia woman who lost the lower half of her body in the 2013 Center City building collapse was awarded $95.6 million in binding arbitration Thursday, following a $227 million settlement in February with the Salvation Army and a now deceased New York real estate investor.

  • May 26, 2017

    FERC Stands By Limit Of ETP Pipeline Drilling Work

    The Federal Energy Regulatory Commission on Thursday refused to alter its prohibition of certain drilling activities as part of Energy Transfer Partners LP's construction of its $4.2 billion Rover Pipeline in Ohio until the company addresses recent spills of drilling fluids, rejecting ETP's bid to reopen two areas to construction.

  • May 26, 2017

    Instant Coffee Sex Aid Recalled After Report Of Death

    A Malaysia-based company on Thursday said that it’s recalling an instant coffee product marketed as a sexual enhancement supplement, following the report of an individual’s death after drinking the coffee and a U.S. Food and Drug Administration analysis showing it contained erectile dysfunction drugs.

  • May 26, 2017

    Judge Orders Jeep Drivers Back To Mediation With Fiat

    A proposed class action accusing Fiat Chrysler of selling Jeeps with faulty transmissions is headed back to mediation, a New Jersey federal magistrate judge said Thursday.

  • May 26, 2017

    Consumer Agrees To Dismiss Suit Over CVS Vitamins

    A CVS customer on Friday agreed to drop a proposed class action against the drug chain in Rhode Island federal court for allegedly misleading consumers about the heart-health benefits of vitamin E supplements.

  • May 26, 2017

    Bard Ends 97 More Suits In Pelvic Mesh MDL

    A West Virginia federal judge on Friday dismissed dozens of pelvic mesh cases against C.R. Bard Inc. after the New Jersey company reached settlements.

  • May 26, 2017

    J&J Hit With $2.16M Verdict In 4th Philly Mesh Case

    Johnson & Johnson continued a string of losses in Philadelphia’s pelvic mesh mass tort program Friday, but the $2.16 million award in favor of a Pennsylvania woman was the lowest figure yet in the four cases tried to verdict and the first to not include punitive damages.

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    Judge Won't Allow Deepwater Claims Due To Missing Form

    A Louisiana federal judge Wednesday declined to force a claims administrator for the Deepwater Horizon BP oil spill disaster to consider applications from a group of nine individuals and businesses who submitted documentation to the settlement program without a claim form, deciding the filings were untimely.

  • May 25, 2017

    Teva To Pay $1.6M To Resolve Calif. Counties' Opioid Suit

    Teva Pharmaceuticals Inc. will pay $1.6 million for substance abuse treatment to resolve a lawsuit brought in state court by two California counties over allegedly misleading marketing practices involving opioid painkillers, according to media reports Thursday.

  • May 25, 2017

    $1.75M Athletic Tape False Ad Settlement Pitched To Judge

    A proposed class of people who bought “kinesio tape” for sport injuries asked a Massachusetts federal judge Wednesday to preliminarily approve a proposed $1.75 million settlement with the tape manufacturer over alleged false claims on the products’ packaging and advertising.

  • May 25, 2017

    GM Hit With Emissions-Cheating Claims

    General Motors on Thursday became the latest automaker to be caught up in allegations of emissions cheating, as a proposed class action filed in Michigan federal court claims that defeat devices — similar to those used in Volkswagen’s diesel cars — are installed in certain models of its diesel trucks.

  • May 25, 2017

    German Prosecutors Eye Bosch Workers Amid Daimler Probe

    German prosecutors investigating if Daimler AG employees committed fraud in the sales of the company's diesel cars by faking emissions documents are also looking into workers at auto parts supplier Robert Bosch GmbH, according to media reports Thursday.

  • May 25, 2017

    VW Wants Fla. Engine Defect Class Action Moved To NJ

    Volkswagen, with the consent of a proposed class of drivers, asked a Florida federal court Wednesday to move the drivers’ lawsuit over a purported engine defect to New Jersey federal court, where an earlier-filed case has been pending for more than eight months.

Expert Analysis

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • 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. Coordination across jurisdictions will be essential 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.