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Product Liability

  • July 19, 2018

    HHS Looks To Imports As Remedy For Drug Price Increases

    The U.S. Department of Health and Human Services on Thursday said it is directing the U.S. Food and Drug Administration to examine the feasibility of importing drugs from other countries to combat major price increases or difficulties accessing certain medicines.

  • July 19, 2018

    BREAKING: New York City's Climate Suit Against Big Oil Thrown Out

    A New York federal judge on Thursday nixed New York City's suit seeking to hold ExxonMobil, BP and other oil giants accountable for climate change-related infrastructure damage, saying that the Big Apple's state-law claims are trumped by federal law.

  • July 19, 2018

    BREAKING: GOP Sens. Kill Vote On Trump 9th Circ. Pick Ryan Bounds

    Republican leaders scuttled a planned Senate vote on President Donald Trump's choice of federal prosecutor Ryan Bounds for a Ninth Circuit judgeship Thursday rather than have the nominee fail to win confirmation.

  • July 18, 2018

    Balch & Bingham Partner Pushed Bribes, Feds Say In Closing

    Federal prosecutors urged a Birmingham jury Wednesday to find that a former Balch & Bingham partner arranged the repeated bribery of an Alabama legislator so that a firm client, a prominent coal and coke company, might face less pressure to pay for cleanup of contamination in residential areas from a north Birmingham industrial complex.

  • July 18, 2018

    Cancer Pro To Monsanto Jury: Pesticide Study Critique 'Idiotic'

    A renowned cancer expert defended a World Health Organization finding that the key ingredient in Monsanto’s Roundup probably causes lymphoma and rejected as “idiotic” accusations that WHO thinks everything causes cancer, during testimony Wednesday in a landmark California jury trial over claims pesticides caused a retired groundskeeper's lymphoma.

  • July 18, 2018

    Fla. High Court Will Review Jury Fiasco In $3M Tobacco Case

    The Florida Supreme Court said Wednesday that it will review a decision ordering a new trial in a smoker’s case against tobacco companies that resulted in a $3 million award because the tobacco companies were unable to sufficiently question potential jurors.

  • July 18, 2018

    Discovery In Opioid MDL Bellwethers Gets Big Haircut

    A special master on Tuesday significantly reduced the amount of information that drug companies must divulge as part of bellwether cases in multidistrict litigation over the opioid crisis, calling an earlier disclosure order excessive.

  • July 18, 2018

    Opioid Distributors Can't Escape Counties' Suit

    The New York state judge overseeing consolidated litigation brought by counties over the opioid crisis on Tuesday refused to let drug distributors, including McKesson Corp., exit the suit, saying the counties aren’t barred from trying to recoup the costs of the epidemic.

  • July 18, 2018

    Olin Covered For Cleanup Costs At 7 Sites, Rakoff Rules

    U.S. District Judge Jed S. Rakoff has ruled that Lamorak Insurance Co. must cover Olin Corp.’s costs to remediate pollution at seven industrial sites, while also freeing the excess insurer from liability for Olin’s defense costs at another site and sending the chemical producer’s demands for coverage at seven additional locations to trial.

  • July 18, 2018

    NFL Can't Get Probe For Concussion Settlement, For Now

    A Pennsylvania federal judge declined Tuesday to appoint a special investigator to help sort through potential fraudulent claims submitted against the NFL’s billion-dollar concussion settlement, saying that the current screening process was working properly as is.

  • July 18, 2018

    Razor Wants Dad DQ'd As Child's Atty In Scooter Injury Suit

    Razor USA LLC moved Wednesday to disqualify an attorney representing his 11-year-old daughter in a suit alleging she was severely injured by a Razor scooter, arguing that the attorney was a key witness to multiple aspects of the case and should thus be removed.

  • July 18, 2018

    Buyers Tout $1.8M Settlement In Car Heater Price-Fix Case

    Car dealers have urged a Michigan federal judge to sign off on their $1.87 million settlement with Japanese auto parts maker Tokai Rika Co. Ltd. to resolve claims in multidistrict litigation that the company participated in bid-rigging and price-fixing of heater control panels, saying the deal is fair and avoids the risks of trial.

  • July 18, 2018

    NJ Court Reinstates $6.3M Jury Award For Kia Brake Class

    The New Jersey Appellate Division on Wednesday reinstated a $6.3 million jury verdict against Kia Motors America Inc. in a defective brake class action, ruling in a published decision that case law in other jurisdictions permitted the use of aggregate data to estimate classwide repair damages.

  • July 18, 2018

    VW Insists Bondholders' Emissions Fraud Suit Must Be Axed

    Volkswagen told a California federal judge Tuesday that disgruntled bondholders cannot prove they were duped into buying overpriced bonds based on purportedly misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal, and that their latest amended proposed class action should be dumped for good.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 17, 2018

    EPA Official Tried To 'Kill' Pesticide Study, Monsanto Jury Told

    A California jury heard testimony Tuesday that a U.S. Environmental Protection Agency official tried to interfere with a federal study on the carcinogenicity of the main ingredient in Roundup, allegedly telling a Monsanto regulatory affairs manager, “if I can kill this, I deserve a medal.”

  • July 17, 2018

    Shopper Seeks Class Cert. In Kroger Listeria Suit

    A consumer asked a California federal judge Monday to certify a proposed class of state residents who bought Kroger-brand frozen produce products containing peas that were recalled due to a listeria outbreak, saying the shoppers meet all of the certification requirements.

  • July 17, 2018

    Product Liability Cases To Watch: Midyear Report

    The tsunami of litigation over the nation's deadly opioid crisis will continue to keep attorneys riveted as the parties work toward trial dates next year. And after a string of losses for patients who claim that Bayer failed to warn of its blood thinner Xarelto's bleeding risks, attorneys are looking to see if they can find a winning argument. Here are the product liability cases attorneys will be keeping an eye on for the rest of 2018.

  • July 17, 2018

    Cereal Cos. Don’t Have To Post Cancer Warning, Panel Says

    General Mills, Post and Kellogg breathed a collective sigh of relief Monday, after a California appeals court reversed a decision that would have forced the food giants to slap cancer warnings on Frosted Flakes, Fruity Pebbles and nearly 60 other brands of cereal.

  • July 17, 2018

    FDA Warning Wire: 4 Splashy New Smackdowns

    The U.S. Food and Drug Administration's latest round of drugmaker discipline contains eye-catching rebukes of big-name companies and fresh signs of life from the agency's promotion police. Here are four new smackdowns that made a splash.

Expert Analysis

  • 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.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.