Product Liability

  • January 22, 2018

    FDA Accused Of Disparaging Drug Research Co. In $50M Suit

    A drug research company launched a $50 million lawsuit Monday against the U.S. Food and Drug Administration, accusing the agency of disparaging the company’s work and saying that regulators acted recklessly and caused the company’s “complete annihilation.”

  • January 22, 2018

    Cherokee Nation Takes Opioid Claims To Okla. State Court

    The Cherokee Nation on Friday headed to Oklahoma state court with its bid to hold Wal-Mart, Walgreens and other major retail pharmacies and drug distributors accountable for their alleged role in an explosion of opioid abuse among tribe members, after a federal judge recently blocked the Cherokees’ similar suit in tribal court.

  • January 22, 2018

    Whole Foods Overloads Supplements With B12, Suit Says

    Whole Foods has been hit with a proposed class action in California alleging the company’s consumable liquid B vitamin supplements contain higher amounts of vitamin B12 than advertised.

  • January 22, 2018

    German Surgical Toolmaker Cut From NJ Cancer Death Suit

    A New Jersey judge has released a German surgical toolmaker on jurisdictional grounds from a wrongful death suit alleging a device used to treat a now-deceased patient’s uterine fibroids caused her to develop cancer, leaving hospital entities and staff and the toolmaker's subsidiary to face the claims.

  • January 22, 2018

    BP Exec's Interview Still Fair Game In Deepwater Horizon MDL

    A Texas federal judge declined on Friday to reconsider his decision to allow some investors in a suit against BP PLC over the Deepwater Horizon oil spill to proceed with claims based on the then-company president’s statements in a company magazine.

  • January 22, 2018

    11th Circ. Upholds Amgen, Pfizer Win In Infection Suit

    The Eleventh Circuit affirmed on Monday a lower court's decision to grant Amgen Inc., Pfizer Inc. and Wyeth Inc. a quick win in a suit alleging their arthritis drug Enbrel caused a woman severe infections, finding the woman's doctor knew about the drug’s risks, so she can’t claim the drugmakers didn’t warn her.

  • January 22, 2018

    4th Circ. Frees Sudan From $48M USS Cole Bombing Award

    The Fourth Circuit has vacated a $48 million judgment against Sudan for allegedly supporting al-Qaida’s deadly bombing of the USS Cole, saying it had not been properly served with the underlying lawsuit.

  • January 22, 2018

    Consumers Lose Cert. Bid In Tropicana OJ False Label Suit

    A New Jersey federal judge on Monday declined to certify a class of consumers accusing Tropicana Products Inc. of misrepresenting that its not-from-concentrate orange juice is natural, saying the reasons consumers might have bought the product are too individualized.

  • January 22, 2018

    Riddell Slams Hundreds Of Remand Bids In Concussion MDL

    Football players who took their concussion claims against Riddell and the National Football League to federal court can’t backtrack and send their cases to state court, Riddell argued Friday, urging a Pennsylvania federal court to deny the nearly 700 remand motions before it.

  • January 22, 2018

    Ejection Seat Maker Pleads Guilty After RAF Pilot's Death

    Ejector seat manufacturer Martin-Baker Aircraft Co. Ltd. pled guilty Monday to violating U.K. health and safety laws in connection with the 2011 death of a Royal Air Force pilot. 

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    Expert Ups Suggested Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.

  • January 19, 2018

    '#Killinnazis' Uproar Shows Attys Must Tread Lightly Online

    Recent fallout from courthouse photos posted to an attorney’s Instagram page, including his loss of admission privileges in Philadelphia and the challenging of a $28 million jury verdict based on his use of the inflammatory hashtag “#killinnazis,” offers a cautionary tale about how even purportedly personal social media use can land lawyers in trouble, experts say.

  • January 19, 2018

    Del. Becomes Latest To Sue Pharmas Over Opioid Crisis

    Delaware on Friday sued a slew of opioid makers, distributors and pharmacies, seeking to hold them to account for their roles in creating an opioid addiction crisis that was declared a nationwide public health emergency in October.

  • January 19, 2018

    7th Circ. Won't Revive Claims Of 1,000 Pfizer Suits In MDL

    The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.

  • January 19, 2018

    Vegetarians Lose False Ad Row With Buffalo Wild Wings

    A New York federal judge on Friday tossed a suit brought by a proposed class of vegetarians accusing Buffalo Wild Wings Inc. of frying nonmeat items in beef tallow, saying the suit hasn’t specified any injury besides the price paid for the fried food.

  • January 19, 2018

    Hacking Suit Should Be Tossed, Fiat Chrysler Tells Judge

    Fiat Chrysler Automobiles urged an Illinois federal judge Thursday to rethink his decision to keep alive a suit by Jeep owners who say certain models are vulnerable to hacking, with the carmaker contending the motorists have changed their argument.

  • January 19, 2018

    Jason Natural Can’t Quash Deodorant Labeling Suit

    Jason Natural Products Inc. lost a bid Friday to nix a proposed class action by consumers who claim they were misled by a “pure natural” label on its deodorant, when a California federal judge said that a jury should decide if the label is misleading to a reasonable consumer.

  • January 19, 2018

    Ford, Class Fight Exhaust-Odor Deal Objector In 11th Circ.

    Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.

  • January 19, 2018

    Whole Foods Recalls Cheesecake Bars In New England

    Whole Foods Market Inc. said Thursday that nine of its stores in three New England states were voluntarily recalling cheesecake bars that might contain almond flour, even though that ingredient was not listed on their labels.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • What Daubert Means For Product Liability Cases In Missouri

    Theresa Mullineaux

    2017 saw Missouri adopting similar guidelines to those applied in federal courts and the majority of other state courts for expert evidence. This should help to reduce the incidence of unreliable junk science in Missouri product liability cases, and allow only reliable, well-tested science to be considered by juries, says Theresa Mullineaux of Husch Blackwell LLP.

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.

  • Ruling On Short Sandwiches May Cast A Long Shadow

    J. Philip Calabrese

    One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Getting A 'Fair Share' Of Asbestos Liability In Pa.

    Albert Piccerilli

    In Roverano v. John Crane Inc., the Pennsylvania Superior Court recently ruled that the state's Fair Share Act, which provides for apportionment of liability among tortfeasors, applies to strictly liable defendants in asbestos actions. The challenge will be in formulating arguments over what share of liability each tortfeasor deserves, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Applying BMS To Federal Class Actions: Due Process Matters

    J. Gordon Cooney

    One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Series

    What I Learned In My 1st Year: Read The Whole Thing

    James Beck

    As a beginning associate at a large Philadelphia law firm, I was tasked to fill in case citations on a brief. I found something that looked like exactly what I wanted for a particular legal proposition, but I did not bother to read the entire case. That was a big mistake — and led to an important lesson, says James Beck of Reed Smith LLP.