Product Liability

  • January 19, 2017

    BREAKING: Justices To Hear Dispute Over Plavix Users' Calif. Ties

    The U.S. Supreme Court agreed Thursday to take up Bristol-Myers Squibb Co.’s appeal of a California high court decision that allowed almost 600 out-of-state residents to sue the drugmaker over alleged injuries from blood-thinner Plavix because of the company’s ties to the state.

  • January 19, 2017

    BMW, Tesla, Others Add 652K Cars To Takata Air Bag Recall

    More than a dozen automakers, including Tesla, BMW and Nissan, on Wednesday agreed to recall another 652,000 vehicles equipped with possibly faulty Takata Corp. air bag inflators, according to documents filed with the National Highway Traffic Safety Administration.

  • January 19, 2017

    NHTSA Ends Tesla Probe, Finding No Safety Defect

    The National Highway Traffic Safety Administration on Thursday said that it had wrapped up its preliminary investigation of a fatal crash of a Tesla operating in Autopilot mode, finding that there was no safety defect that would prompt a recall.

  • January 19, 2017

    Zico Coconut Water 'No Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    BREAKING: 4th Circ. Backs Ex-Massey CEO's Conspiracy Conviction

    The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.

  • January 19, 2017

    Customer Fights Soap Maker's Bid To Duck 'Natural' Suit

    The leader of a proposed class action accusing Beaumont Products Inc. falsely peddling its Clearly Natural Essentials soaps as "natural" despite containing synthetic ingredients urged a New York federal judge Wednesday to ignore a dismissal request “that will serve no useful purpose.”

  • January 19, 2017

    Colgate Seeks To Brush Away Toothpaste False-Ad Suit

    Colgate-Palmolive asked a New York federal judge on Wednesday to toss a proposed class action alleging the company overstated the tooth-whitening power of one of its toothpaste brands, saying federal labeling regulations eclipse any state laws on the subject.

  • January 19, 2017

    Wal-Mart's 'Sloppy' Bike Assembly Causes Injuries, Buyer Says

    Wal-Mart Stores Inc. was smacked Wednesday with a proposed class action in Florida federal court looking to hold the mega-retailer liable for at least $5 million in damages caused to consumers who were allegedly injured due to the “sloppy” in-store assembly of bicycles.

  • January 18, 2017

    Fla. Sues RJR For Stopping Payments Under Tobacco Deal

    Florida's attorney general said Wednesday that the state has stopped receiving annual tobacco settlement payments for the Winston, Kool and Salem cigarette brands since R.J. Reynolds Tobacco Co. sold them to ITG Brands LLC for $7 billion.

  • January 18, 2017

    Remington Seeks Final OK Of Faulty Trigger Suit Settlement

    Remington Arms Co. LLC on Tuesday asked a Missouri federal court for final approval of a settlement to end a class action brought by gun owners in which it agreed to replace allegedly defective faulty trigger mechanisms in its best-selling Model 700 rifle and pay up to $12.5 million to class counsel.

  • January 18, 2017

    Widow Tells Jury Of Husband’s Death From Tainted Steroids

    The widow of a man who was injected with tainted steroids described her husband’s death to a federal jury in Boston on Wednesday, for the first time giving voice to the human agony behind a pharmacist’s murder trial and the most devastating pharmaceutical disaster in American history.

  • January 18, 2017

    $5M Deal On J&J Bedtime Baby Products OK’d

    An Illinois federal judge granted final approval Wednesday to a $5 million settlement that ends four lawsuits accusing Johnson & Johnson of selling bath products that deceived parents into believing their babies would sleep longer.

  • January 18, 2017

    FDA Allows More Input On Off-Label Drug Promotion Limits

    The U.S. Food and Drug Administration said Wednesday that it will give the public more time to comment on a review of agency restrictions on the off-label promotion of drugs and medical devices, an issue the FDA has recently lost on in a number First Amendment challenges.

  • January 18, 2017

    NCR, Feds Strike $200M Deal To End Wis. Superfund Claims

    NCR Corp. has agreed to spend $200 million to finish the environmental remediation work at a Wisconsin Superfund site contaminated by paper industry activity, reaching a settlement with state and federal agencies that ties up major loose ends in the sprawling, multitrack litigation over the site.

  • January 18, 2017

    Product Liability Group Of The Year: Faegre

    Faegre Baker Daniels’ product liability team shut down more than 30 knee-implant suits against Zimmer Biomet in late 2015 and 2016, including winning a plaintiff-selected bellwether trial and securing a splashy Lone Pine order from a fed-up Chicago federal judge, earning the team a spot on Law360's 2016 Practice Groups of the Year.

  • January 18, 2017

    Olive Oil Buyers Take 50 Cents A Bottle To End False Ad Suit

    A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.

  • January 18, 2017

    Aussie Turf Co. Says Ex-NFLer Didn't Provide Proper Service

    An Australian sports surface company named in a lawsuit by a former NFL linebacker who suffered a career-ending Achilles tendon injury on a removable natural grass playing surface again urged a Texas federal court to dismiss claims against it Tuesday, arguing the player had not satisfied international service requirements.

  • January 18, 2017

    GM Pays $1M Fine Over Ignition Switch Accounting

    General Motors agreed to pay a $1 million fine to the U.S. Securities and Exchange Commission to settle charges its accountants weren’t promptly informed of the defective ignition switches and, therefore, failed to properly assess the defect would lead to a recall, the agency announced Wednesday.

  • January 18, 2017

    New Claim Of Death Emerges In Xarelto MDL

    The children of a Louisiana woman who died after experiencing unstoppable internal bleeding allegedly caused by Xarelto, a blood thinner developed by Johnson & Johnson unit Janssen Pharmaceuticals and Bayer, on Tuesday added their names to the list of people already suing the companies over the drug.

  • January 18, 2017

    Atty DQ Bid In Sunken Ship Case Is Bad-Faith Move: Widows

    Three widows litigating wrongful death claims on behalf of their husbands who died when the El Faro cargo ship sank off the Bahamas during Hurricane Joaquin in 2015 said Tuesday that the ship's owners made a bad-faith claim of conflict in a bid to disqualify their common counsel.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Defibrillator Decision Does Not Shock The Conscience

    Eric Alexander

    Bad cases make bad law, but egregiously overreaching cases can make good law. In Wallis v. Brainerd Baptist Church, decided recently by the Tennessee Supreme Court, a dead man's estate sued the seller of a defibrillator that was available but not used on the decedent during his heart attack. Imposing liability in such circumstances would be bad public policy, says Eric Alexander of Reed Smith LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.