We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • May 25, 2018

    Prop 65 Requires Warning For Even Trace Lead, Enviros Say

    Environmentalists asked a California appeals court Friday to rule that Proposition 65, the state’s toxic substances warning law, should require notice if a product contains any lead, arguing the state adopted safe lead levels from a federal agency whole cloth and flouted the local law by not doing its own scientific research.

  • May 25, 2018

    Stakes High As GSK Takes Generics Liability Row To 7th Circ.

    As the Seventh Circuit gears up to hear oral arguments Wednesday in a suit against GlaxoSmithKline over the suicide of an attorney who was taking a generic version of the antidepressant Paxil, experts say the end result could be a circuit split that pushes the U.S. Supreme Court to decide whether branded pharmaceutical companies should carry liability for generic versions of their drugs.

  • May 25, 2018

    Fiat Chrysler Recalls 4.8M Vehicles Over Cruise Control Issue

    Fiat Chrysler is recalling 4.8 million Chryslers, Dodges, Jeeps and Ram pickups after discovering the "unlikely" possibility that drivers could become unable to turn off cruise control, it said Friday.

  • May 25, 2018

    Jury Awards $1.2M Over Vein Perforated By Medical Device

    A Texas jury awarded more than $1.2 million on Thursday evening to a Houston firefighter who said his Cook Inc. vein filter perforated his tissue, finding Cook didn’t properly warn the implanting surgeon about the risks.

  • May 25, 2018

    7th Circ. Nixes Suit Over NHL Player's Death

    A Seventh Circuit panel Friday affirmed the dismissal of a wrongful death lawsuit the parents of deceased ice hockey player Derek Boogaard brought against the NHL, finding the lower court rightly tossed the suit after the family did not respond to one of the NHL’s arguments.

  • May 25, 2018

    5 Flash Points As FDA Gets Earful On Compounding Guidance

    The U.S. Food and Drug Administration’s move to dramatically curtail large-scale compounding of lower-cost drugs is stoking fiery debate about benefits for patient safety and possible drug shortages. 

  • May 25, 2018

    2nd Circ. Won't Revive NY Residents' Honeywell Cleanup Row

    The Second Circuit on Friday refused to revive a lawsuit in which upstate New York residents accused Honeywell International Inc. of exposing them to dangerous chemicals in connection to a government-mandated cleanup of Onondaga Lake.

  • May 25, 2018

    Drivers Must Say Why They Altered Autobahn Suit Without OK

    A California federal judge on Friday demanded to know why a group of drivers amended their claims against auto dealer Autobahn Inc. this month without first seeking leave of court, saying she will strike the revised complaint unless the drivers show cause for their actions.

  • May 25, 2018

    $21.5M Monsanto Settlement Over Roundup Labels Approved

    A Missouri federal court on Friday approved a $21.5 million settlement between Monsanto and a class of consumers suing the agrochemical giant over misleading labeling on its Roundup weed killer, calling it a “strong result in the face of an uncertain trial outcome.”

  • May 25, 2018

    Jury Deadlocks In Latest Trial Over J&J Talc And Asbestos

    A South Carolina jury hearing the latest trial over the alleged link between Johnson & Johnson talcum powder products and asbestos-related cancer said Friday it could not decide if J&J was responsible for the mesothelioma that killed a 30-year-old attorney, leading to a mistrial.

  • May 25, 2018

    Saudis Must Cough Up Documents In 9/11 Victims Suit

    A federal judge in Manhattan has ordered the government of Saudi Arabia to disclose any documents and other information it may have on two former officials suspected of aiding hijackers in preparation of the terrorist attacks on Sept. 11, 2001, in a recently trimmed, yearslong lawsuit seeking to hold the kingdom liable for allegedly backing the plot.

  • May 25, 2018

    Tesla To Settle Suit Over Autopilot, Safety Features

    Electric-car maker Tesla Inc. reached an agreement Thursday to resolve a proposed class action in California federal court brought by Model S and Model X drivers alleging the company delayed rolling out safety features and a $5,000 enhanced autopilot system that turned out to be faulty anyway.

  • May 24, 2018

    J&J Claims $70M Award In Surgical Stapler Case Is Unjustified

    Johnson & Johnson asked a skeptical California appellate court Thursday to toss a $70 million punitive damages verdict awarded to a woman whose anus was accidentally stapled shut by a defective surgical instrument, saying evidence didn’t support the jury’s finding the device maker acted with malice.

  • May 24, 2018

    Judge Won't Review Cert. Denial In Tropicana False Label Suit

    A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.

  • May 24, 2018

    Asbestos In J&J Talc Killed 30-Year-Old Atty, Jury Told

    Counsel for the husband of an attorney who died at age 30 from mesothelioma told a South Carolina jury during closing arguments Thursday that asbestos in Johnson & Johnson's baby powder, sold at Rite Aid, caused the disease, while J&J responded that the woman had a rare type of mesothelioma not associated with asbestos.

  • May 24, 2018

    Global Warming Fight Heats Up As Big Oil, Cities Face Off

    The U.S. Justice Department joined Chevron, BP, Exxon Mobil and other oil companies Thursday in attacking suits by San Francisco and Oakland seeking damages for climate change-related infrastructure needs, arguing before a California federal judge that the litigation would flout congressional intent, muddle international policy and outlaw energy production.

  • May 24, 2018

    Seeger Weiss Gets $52M Of $85M NFL Concussion Suit Fees

    A Pennsylvania federal judge distributed more than $85 million in fees to the class attorneys in the NFL concussion suit Wednesday, including a nearly $52 million share for co-lead class counsel Seeger Weiss LLP.

  • May 24, 2018

    Philip Morris, RJR Hit With $21M Verdict In Engle Case

    A Florida jury has hit Philip Morris and R.J. Reynolds with a $21 million award for contributing to the lung cancer death of a lifetime smoker, in one of the thousands of so-called Engle progeny cases.

  • May 24, 2018

    Fiat Chrysler Wants RICO Claim Tossed In Emissions MDL

    Fiat Chrysler told a California federal judge that drivers in a multidistrict litigation over the alleged rigging of emissions tests have not salvaged their claims against the company, saying the judge should at least cut a Racketeer Influenced and Corrupt Organizations Act claim from the consolidated class action.

  • May 24, 2018

    Pa. PUC Judge Orders Shutdown Of Sunoco Pipelines

    An administrative law judge for the Pennsylvania Public Utility Commission has ordered Sunoco LP to shut down operations at a natural gas pipeline in the state and halt construction on two others, siding with a Pennsylvania state senator who claimed the projects were fraught with environmental and safety issues.

Expert Analysis

  • Don’t Cry Over Clearly Labeled Organic Milk

    Jeff Brown

    Earlier this month, a California federal court dismissed a claim that Horizon Organic milk, which contained an additive noted on the package, was not truly organic, and thus violated state laws against product misrepresentation. The decision makes clear that if a label identifies a product’s content, a claimant cannot assert that she read the label and then was misled, says Jeff Brown of Thompson Coburn LLP.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.