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Product Liability

  • July 20, 2018

    Acadia Hit With Securities Suit Over Drug Linked To Deaths

    An Acadia Pharmaceuticals Inc. shareholder slapped the biopharmaceutical company with a putative securities fraud class action in California federal court Thursday, claiming the company inflated its stock price by hiding safety risks and downplaying reports of deaths connected to its treatment for hallucinations and delusions.

  • July 20, 2018

    Texas Court Limits Info Toyota Must Disclose In Seats Suit

    A Texas appeals court on Thursday ordered a trial court to dial back its overbroad discovery order against Toyota in a suit launched by the parents of two children who were injured by front seats in a Lexus that collapsed backward in a rear-end collision.

  • July 20, 2018

    RJ Reynolds Must Pay For Causing Smoker's Death, Jury Told

    Counsel for the son of a man killed by lung cancer told a Florida jury on Friday that RJ Reynolds is responsible for the man’s death and should be forced to pay punitive damages, because it purposely created an addictive product and hid its dangers from the public.

  • July 20, 2018

    Oncologist Says Roundup Caused Groundskeeper's Cancer

    The active ingredient in Monsanto's weed killers caused a retired groundskeeper's non-Hodgkin lymphoma, the former medical director of the University of Chicago's cancer center testified Friday during a first-of-its-kind California jury trial on whether the company should have warned consumers about its pesticides' cancer risks.

  • July 20, 2018

    Ex-Balch & Bingham Partner, Coal Exec Convicted Of Bribery

    A federal jury has convicted a former Balch & Bingham environmental partner and a coal company executive of bribing an Alabama legislator for his help in dodging cleanup liability with the U.S. Environmental Protection Agency, prosecutors announced Friday evening.

  • July 20, 2018

    9th Circ. Says Ore. County Can’t Collect $2.3M Defect Award

    An Oregon county can’t sue a subcontractor’s insurers to help pay for a damaged bridge, the Ninth Circuit affirmed Friday, finding that the insurance arrangement spelled out in the subcontractor’s work agreement is strictly verboten under Beaver State law.

  • July 20, 2018

    More Quinn Emanuel Attorneys Leave Firm For Dechert

    Dechert LLP on Friday said that 18 attorneys from Quinn Emanuel Urquhart & Sullivan LLP have joined the firm's product liability team, following Sheila Birnbaum, a defense attorney nicknamed the “Queen of Toxic Torts,” who made the jump in May.

  • July 20, 2018

    Greenberg Traurig Adds Former Teva Atty To Philly Office

    Greenberg Traurig LLP has added a former associate general counsel for Teva Pharmaceutical Industries Ltd. to its Philadelphia office as a shareholder with a focus on pharmaceuticals and litigation, the firm recently announced.

  • July 20, 2018

    Product Liability And Regulation To Watch: Midyear Report

    Long-awaited legislation on self-driving cars, a comprehensive opioid bill that could affect drug labeling and possible changes to mass tort rules are among the legislative and regulatory developments that product liability attorneys say they are watching in the latter half of 2018. 

  • July 20, 2018

    J&J Faces Bid To Revive Cancer Victim's $417M Talc Win

    A woman whose cancer-stricken mother won a $417 million jury verdict saying Johnson & Johnson's talcum baby powder caused her ovarian cancer has appealed a California judge’s “about-face” decision to vacate the award, arguing in a brief Wednesday that there was sufficient evidence to support the jury’s finding.

  • July 20, 2018

    NHTSA Probes Alleged Stalling, Overheating Of Ford Escapes

    Documents posted to the National Highway Traffic Safety Administration’s website on Friday state that the agency has opened an investigation into complaints that some 2013 model Ford Escapes are overheating and suddenly losing power at highway speeds.

  • July 20, 2018

    AGs From 9 States Urge FDA To Ban Menthol In Tobacco

    Attorneys general from nine states asked the U.S. Food and Drug Administration on Thursday to ban menthol tobacco products, saying the flavoring serves to attract new smokers.

  • July 20, 2018

    How A Fla. Ruling Ignited A Surge In Online ADA Suits

    In the year since a Florida federal judge became the first to find that a company’s website violated a visually impaired customer’s rights under the Americans with Disabilities Act, the ruling has been both an inspiration and “bully stick," spurring a surge in litigation that attorneys say could wind up in the U.S. Supreme Court.

  • July 20, 2018

    Endo, Mallinckrodt Target Drug Dealers With Opioid Suit

    Endo Pharmaceuticals Inc. and Mallinckrodt LLC have launched a counterattack against a distinctive case that accuses them of fueling the opioid crisis, moving to shift any liability to drug dealers, "dark web" retailers and corrupt health care providers.

  • July 20, 2018

    Litigation Funder Seeks Bond For Ex-NFLer’s $500K Advance

    A third-party claims funder argued Thursday that a Pennsylvania federal court should make an ex-NFL player post a bond or some other security after he refused to repay an advance of his share of a settlement with the league in multidistrict litigation over brain injuries.

  • July 20, 2018

    AIG Unit Can't Flip Asbestos Coverage Ruling In Ohio

    An American International Group Inc. unit is stuck paying the same share of a construction company’s asbestos liability as a fellow insurer that settled a coverage dispute early on, an Ohio appeals court affirmed Thursday, despite the unit's argument that the “arbitrary” decision “effectively forced” it into a settlement without its consent.

  • July 20, 2018

    Faulty Expert Opinion Tanks Auxilium Testosterone Suit

    The Seventh Circuit on Thursday declined to revive a man's suit against Auxilium Pharmaceuticals Inc. selected as a bellwether in multidistrict litigation over the alleged hidden risks of testosterone replacement therapy products, saying the district court properly barred his key witness from testifying.

  • July 20, 2018

    GlaxoSmithKline Says FDA Rejected Zofran Birth Defects

    GlaxoSmithKline argued Thursday that it cannot be held liable for birth defects caused after pregnant women were prescribed its postoperative nausea drug Zofran because the U.S. Food and Drug Administration has since rejected any scientific correlation between the medication and defects.

  • July 19, 2018

    Drummond Exec, Balch & Bingham Partner Trial Goes To Jury

    An Alabama federal jury heard that a coal company executive who, along with a former Balch & Bingham partner, stands accused of bribery to help avert liability for an EPA cleanup was "doing his job," as closing arguments wrapped Thursday morning.

  • July 19, 2018

    Hernandez Team Seeks To Return CTE Case To State Court

    The guardian of the minor daughter of the late New England Patriots tight end Aaron Hernandez asked a Pennsylvania federal court Wednesday to reverse the decision to join her claims to the NFL concussion multidistrict litigation, saying her claims have a different basis than the MDL ones.

Expert Analysis

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 3

    Kirk Hartley

    Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 2

    Kirk Hartley

    The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 1

    Kirk Hartley

    Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.