Product Liability

  • October 19, 2017

    Ford Fiesta, Focus Transmission Settlement Gets Final OK

    A California federal judge on Wednesday put his final stamp of approval on a class action settlement between Ford Focus and Fiesta drivers and the automaker, overruling objectors and ending a five-year-old lawsuit over allegedly defective transmissions.

  • October 19, 2017

    Sharp Can't Remand TV Quality Row With Chinese Licensee

    Sharp Corp. can't get its suit against entities associated with Chinese electronics manufacturer Hisense sent back to state court, with a California federal court finding Wednesday it has jurisdiction because one of the entities that licensed the Sharp trademark and is accused of misrepresenting the quality of its televisions is owned by the Chinese government.

  • October 19, 2017

    Mercedes-Benz Sold Dangerously Faulty Radiators, Suit Says

    Mercedes-Benz USA LLC sold vehicles with radiators that would unexpectedly break down and damage vehicles' transmission, putting drivers at risk of physical harm as well as financial injuries, according to a proposed class action removed to Massachusetts federal court Wednesday.

  • October 19, 2017

    BREAKING: Fla. Firms To Pay $9.1M For Engle Ethics Disaster

    In a 148-page order Thursday, a panel of Florida federal judges “reluctantly but with the conviction that it is the right thing to do” imposed $9.1 million in sanctions on The Wilner Firm and Farah & Farah following an investigation that found they filed and maintained at least 1,250 baseless Engle progeny tobacco lawsuits.

  • October 18, 2017

    Judge Hesitant To Rubber-Stamp Aegerion's $36M Fraud Deal

    A Massachusetts federal judge renewed his criticism Wednesday for plea bargains that deprive courts of sentencing discretion, but stopped short of tossing out a $36 million deal that would preclude him from weighing in on the ramifications of Aegerion Pharmaceuticals Inc. admitting to fraud in connection with its expensive cholesterol drug.

  • October 18, 2017

    Bayer Seeks To End One-A-Day Labeling Class Action

    Bayer asked a California federal judge Wednesday to toss a putative class action over the labeling of Bayer AG’s One-A-Day vitamins, saying that the whole case rested on the contention the pills had no value, but that he’d gotten the plaintiffs’ own expert to admit the vitamin “is not worthless.”

  • October 18, 2017

    Tobacco Giants Must Pay Full $35M Jury Award: Fla. Court

    R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. remain on the hook for a $35 million verdict awarded in an Engle progeny suit to the widower of a longtime smoker, a Florida appeals court said Wednesday after finding the amount was not obviously excessive.

  • October 18, 2017

    Boxer's Brain Injury Suit Has Claims Against Docs Trimmed

    A New York appellate panel on Wednesday trimmed claims in a suit accusing ringside doctors of being responsible for boxer Magomed Abdusalamov’s catastrophic brain injury following a 2013 fight at Madison Square Garden, saying a lack of informed consent claim was improperly alleged.

  • October 18, 2017

    NPR Station Wants Names, Addresses Of Meningitis Jurors

    NPR member station WBUR sought Wednesday to get the names and addresses of jurors after they reach a verdict in the murder trial of a former pharmacist at New England Compounding Center, the laboratory at the center of a deadly fungal meningitis outbreak.

  • October 18, 2017

    NFL Star's Daughter Refiles CTE Suit, Names Helmet Maker

    Aaron Hernandez’s daughter has filed a new lawsuit seeking to hold the NFL accountable in Massachusetts state court for the late star football player’s development of a severe case of the brain disease called chronic traumatic encephalopathy, this time roping in helmet maker Riddell Inc.

  • October 18, 2017

    CPSC's Mohorovic Leaves Agency For Dentons

    U.S. Consumer Product Safety Commissioner Joe Mohorovic is stepping down from the agency two years before his term expires to join Dentons, where he will be a principal in the global firm’s federal regulatory and compliance practice, the commissioner announced Wednesday.

  • October 18, 2017

    Bed Bath & Beyond Says Cotton Suit Hangs On Sham Test

    Not all Egyptian cotton is made the same, Bed Bath & Beyond cautioned Tuesday as it moved to quash a proposed class action in Florida federal court from a woman who claims the "100% Egyptian cotton" bedsheets she bought at the store were anything but.

  • October 18, 2017

    Bayer, Others Sued Over Radioactive Waste Near Niagara Falls

    Bayer CropScience Inc., Occidental Chemical Corp. and Union Carbide Corp. put residents near Niagara Falls in danger by negligently leaving behind radioactive waste from their operations, local businesses and residents have alleged in New York federal court.

  • October 18, 2017

    Chicago Seeks Janssen Employees' Info In Opioid Suit

    The city of Chicago on Tuesday told an Illinois federal judge that 10 Janssen employees likely have documents related to the city’s claims that the drug company and others misleadingly marketed opioids and the city should be allowed to seek those documents.

  • October 18, 2017

    CRISPR Licensing Deal Looks To Open Door To Better Crops

    Two organizations that control much of the CRISPR-Cas9 gene-editing technology for use in agriculture said Wednesday they reached an arrangement that will make it easier for companies to license the intellectual property they may need to make genetically modified crops.

  • October 18, 2017

    Amazon Seeks Arbitration In Faulty Eclipse Glasses Suit Inc. urged a South Carolina federal judge Tuesday to compel arbitration and toss a proposed class action over the company’s alleged sale of defective solar eclipse glasses that put wearers at risk of injuries including headaches and eye damage.

  • October 17, 2017

    J&J Wins Mo. Appeal Of $72M Talc Cancer Verdict

    A Missouri appeals court on Tuesday tossed a jury’s finding that Johnson & Johnson’s talcum powder caused a woman’s fatal ovarian cancer and award of $72 million in damages, ruling the Alabama woman’s case should never have been tried in St. Louis.

  • October 17, 2017

    Tampering Flap Puts J&J Trial Attys Under Ethics Microscope​

    A Texas federal judge's referral to the U.S. attorney's office of witness tampering allegations in a bellwether trial over Johnson & Johnson hip implants is rare and could carry serious consequences, both inside the case and beyond, for company lawyers accused of indirectly pressuring a doctor for the plaintiffs, legal ethics experts say.

  • October 17, 2017

    Takata Tort Claimants Say Carmakers Trying To Skirt Liability

    Automakers that are funding the Takata Corp. bankruptcy have been “stonewalling” on discovery to let case deadlines pass and ultimately sidestep liability connected to the defective air-bag inflators that sparked Takata's Chapter 11, the official tort claimants committee said late Monday.

  • October 17, 2017

    Shell’s $5M Spill Settlement A ‘Slap In The Face,’ Court Told

    Residents of an Illinois village allegedly contaminated by benzene spills from the Wood River Refinery have raised objections to a proposed $5 million settlement that would end a class action against refinery operator Shell Oil in Illinois federal court, calling the deal a “slap in the face.”

Expert Analysis

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Cos. Pursued By FTC Show How Not To Sell Health Products

    Holly Melton

    A recent settlement between the Federal Trade Commission, the Maine Attorney General's Office and dietary supplement retailers accused of deceptive practices offers a case study in what marketers should not do. All claims should be supported by reliable scientific evidence, and terms and conditions of offers should be fully disclosed to the consumer, says Holly Melton of BakerHostetler.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.