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Product Liability

  • November 16, 2018

    Calif. High Court To Hear Suit Against Atty Over Monster Deal

    The California Supreme Court has agreed to hear an appeal by Monster Energy Co., which is seeking to revive its suit against an attorney who allegedly breached a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for the death of a teenager.

  • November 16, 2018

    American Airlines Again Seeks To Nix Toxic Uniform Claims

    American Airlines Group Inc. has asked an Illinois federal court to once again dismiss a proposed class suit over uniforms that allegedly caused health problems for its flight attendants and pilots, saying the employees haven’t shown that the airline intentionally caused them harm.

  • November 16, 2018

    Ex-Crowe & Dunlevy Director Joins Barnes & Thornburg

    Barnes & Thornburg LLP has added an experienced trial attorney and the current chair of the Texas Bar’s antitrust and business litigation section as a partner in Dallas, the firm announced.

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    2nd Mistrial Called On Claims J&J Talc Gave Atty Fatal Cancer

    The second South Carolina jury to try and decide if a 30-year-old attorney's fatal mesothelioma was caused by alleged asbestos in Johnson & Johnson talcum powder products on Thursday followed in their predecessors' footsteps and deadlocked, leading to the second mistrial in the case.

  • November 15, 2018

    Enviros Can't Use CWA In Fight Over Ill. Plant's Coal Ash

    An Illinois federal judge has rejected an environmental group’s attempt to use the Clean Water Act to go after a coal-fired power plant owner that the group claims has let pollutants in its coal ash contaminate a nearby river.

  • November 15, 2018

    Crabbers Snap At Energy Cos. With Calif. Climate Tort

    A coalition of fishermen’s groups Wednesday sued Chevron Corp., Exxon Mobil Corp. and other energy companies, blaming them for contributing to ocean damage caused by climate change, which they say has forced the closure of lucrative crab fisheries off the coasts of California and Oregon.

  • November 15, 2018

    Family Of Crash Victim Sues Boeing Over Plane Defect

    The family of an Indonesian doctor killed in the Lion Air Flight 610 crash in October has sued The Boeing Co. in Illinois state court, alleging the company failed to warn pilots of a defect in the control system that can cause a new model of planes to go into a dive.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 15, 2018

    Insys Sales VP To Plead Guilty In Opioid Kickback Case

    A major player in an alleged conspiracy to bribe doctors to prescribe fentanyl-based drugs from the company Insys Therapeutics is prepared to plead guilty, prosecutors said Wednesday in a filing in Boston federal court.

  • November 15, 2018

    FDA Seeks Ban On Menthol Cigarettes, Limits On E-Cig Sales

    The U.S. Food and Drug Administration on Thursday proposed a ban on menthol cigarettes and flavored cigars, along with new restrictions on sales of flavored e-cigarettes, in an effort to prevent youth access.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Ex-NFLer Can't Use Judge To Nix Concussion Award Rejection

    The Pennsylvania federal judge overseeing the NFL concussion settlement rejected an appeal to reverse a decision that overturned an award for a player who had been diagnosed with neurocognitive impairment, saying the objection must be sent to the claims administrator.

  • November 14, 2018

    Calif. Jury Deadlocks In J-M Bad Pipes Damages Bellwether

    A California federal judge declared a mistrial on Wednesday in a bellwether False Claims Act suit against J-M Manufacturing after a jury deadlocked on the amount the company owes, if any, to a group of municipalities that paid $2.1 million for pipes that didn't uniformly meet industry strength standards.

  • November 14, 2018

    J&J Staves Off Asbestos Baby Powder Suit In Calif. Jury Win

    A California state jury found Wednesday that although Johnson & Johnson's baby powder contained asbestos and a manufacturing defect, it was not a substantial factor in causing a woman's malignant mesothelioma, ruling in favor of the pharmaceutical giant.

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Woman Says Victoria's Secret Bra Exploded, Burned Her

    A Texas woman on Tuesday hit Victoria's Secret with a suit in New York state court alleging that a defective bra suddenly leaked and exploded, causing her to suffer burns and scarring on her chest.

  • November 14, 2018

    EPA Eases Hazmat Rules For Discarded Takata Air Bag Parts

    The U.S. Environmental Protection Agency said Wednesday that it will ease hazardous waste regulations for auto dealerships, repair facilities and scrap yards disposing of potentially deadly Takata air bag inflators at the center of a sweeping 2015 national recall.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

Expert Analysis

  • Florida Supreme Court Says Frye Is 'Still The One'

    Avery Dial

    In DeLisle v. Crane Co., the Florida Supreme Court recently declared that the Daubert amendment to the Florida Evidence Code infringed on the court's rule-making authority. The court thus signaled that its continued embrace of the Frye standard is thoughtful rather than antiquated, says Avery Dial of Kaufman Dolowich & Voluck LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.