Product Liability

  • April 28, 2017

    Atty Deception Kills Pharma Whistleblower Suit, Judge Rules

    A Massachusetts federal judge on Friday sanctioned a whistleblower’s attorneys for misconduct in a suit alleging false claims to Medicare by tossing the case, ruling that the complaint wouldn’t have survived the dismissal phase had it not relied on unethically sourced evidence.

  • April 28, 2017

    NHL Not Backing Down Despite Loss On Concussion Docs

    Even though the National Hockey League lost its bid to obtain underlying research materials from Boston University's CTE Center, the league appears as aggressive as ever in defending against a proposed class action by former players who say the NHL failed to warn them of the long-term risks of repeated head injuries.

  • April 28, 2017

    A Look Back At The FDA's 'Healthy' Journey

    Two years ago, the U.S. Food and Drug Administration scolded Kind LLC for using the term “healthy” on its snack bars, setting off a showdown between the company and agency that culminated in the FDA's decision to rethink its definition of the term.

  • April 28, 2017

    Warning Would Have Kept Woman From J&J Talc, Jury Told

    A woman who alleges her daily use of Johnson & Johnson’s talcum powder products over decades caused her to develop ovarian tumors testified for a Missouri jury on Friday, saying she wouldn’t have used the company’s products had they included any warnings about cancer risks.

  • April 28, 2017

    Judge OKs $150M In Fees In Dow, Boeing Nuke Pollution Suit

    Counsel for the Colorado residents who achieved a $375 million settlement with Dow Chemical Co. and a Boeing-owned former Rockwell subsidiary over nuclear waste pollution secured $150 million in attorneys’ fees Friday when a federal judge signed off on the bid.

  • April 28, 2017

    W. Va. University Sues Dow Over Groundwater Contamination

    West Virginia State University slapped Dow Chemical Co. and several other chemical manufacturers with a lawsuit Thursday for allegedly contaminating the groundwater underneath the university’s property, saying the companies flouted environmental laws by producing and refusing to clean up harmful chemicals so close to school grounds.

  • April 28, 2017

    Texas Justices Say RRC Lacks Sole Claim To Sabine Fight

    The Texas Supreme Court held Friday that the state's oil and gas regulator doesn't have exclusive jurisdiction over a landowner's radioactive contamination claims against Sabine Oil & Gas Corp., refusing to wipe out a $22.7 million arbitration award that was confirmed by a lower court.

  • April 28, 2017

    Mich. Judge Nixes Slip-And-Fall Suit Against Tribe

    A Michigan federal judge on Thursday tossed a woman's suit over her slip-and-fall accident at a Sault Ste. Marie Tribe of Chippewa Indians-owned convenience store, saying he didn't have the power to second-guess a tribal court's decision to dismiss her claims.

  • April 28, 2017

    DOT Raises Fines For Pipeline Safety Violations

    Entities that violate federal pipeline safety laws will face new, increased fines of $209,002 for each day the violation continues, or more than $2 million for a related series of violations, under revised maximum civil penalties that the U.S. Department of Transportation announced on Thursday.

  • April 28, 2017

    New GM Says Tronox Decision Blocks Successor Liability

    General Motors LLC tried Thursday to use the Second Circuit’s recent Tronox ruling to shut down the onslaught of faulty ignition suits it’s been fighting for years, telling a New York federal court those claims would benefit all the creditors of its predecessor Old GM, and therefore only Old GM should be liable for them.

  • April 28, 2017

    NHL Looks To Eject 2 Ex-Players From Head Injury MDL

    The National Hockey League on Thursday asked a Minnesota federal judge to cut two retired players from a proposed class action alleging the league didn’t tell players about the risks of concussions, arguing that the men’s claims are time-barred.

  • April 28, 2017

    Avis, Insurer End Suit Over $23.5M Crash Verdict Coverage

    Avis and ACE Insurance have mutually agreed to dismiss a lawsuit alleging the insurer has improperly refused to provide coverage in two personal injury actions, including one case in which a jury returned a $23.5 million verdict against the car rental company, according to a stipulation filed in New Jersey federal court on Thursday.

  • April 28, 2017

    Nurses Qualified To Testify On Injury Causation, Court Says

    Certain classes of nurse practitioners may be able to testify as to whether medical conduct led to injuries alleged in medical malpractice lawsuits, the Washington State Supreme Court ruled Thursday.

  • April 28, 2017

    Judge OKs Med Device Injury Claim Under Pa. Tort Law Ruling

    A federal judge on Thursday greenlighted claims against Stryker Corp. over an allegedly faulty bone implant after finding that the Pennsylvania Supreme Court’s overhaul of products liability law in the state more than two years ago did not bar strict liability claims against medical device manufacturers.

  • April 28, 2017

    NHL Denies Proof Of Concussion-CTE Link In Class Cert. Fight

    The NHL urged a Minnesota federal court Thursday to reject two classes proposed by former hockey players alleging the league failed to warn them about the risks of repeated head injuries, saying no scientific study has definitively linked head traumas to neurodegenerative conditions.

  • April 28, 2017

    FTC Slams Objections To VW Emissions Fraud Settlements

    The Federal Trade Commission on Thursday fired back at objections to the multibillion-dollar settlements between car owners, Volkswagen and Robert Bosch GmbH in Volkswagen’s emissions cheating scandal, saying that the money involved in the three deals at issue was properly allocated and free of any conflict.

  • April 28, 2017

    Health Hires: 8 Firms Add Health, Life Sciences Experts

    The last few weeks have seen Cooley LLP, DLA Piper, Faegre Baker Daniels Consulting, Fox Rothschild LLP, King & Spalding LLP, Nossaman LLP, Polsinelli PC and Porzio Bromberg & Newman PC expand their expertise in the health and life sciences worlds.

  • April 28, 2017

    Dr Pepper Says Consumers’ False Ad Claims Unsupported

    Dr Pepper Snapple Group Inc. urged a California federal judge Thursday to toss a putative class action brought by consumers accusing the beverage maker of falsely advertising that its Canada Dry ginger ale contains ginger, saying the consumers fail to support their claims.

  • April 28, 2017

    J&J Hit With $20M Pelvic Mesh Verdict In Philly

    A Pennsylvania state jury hit Johnson & Johnson on Friday with a $20 million verdict over injuries suffered by a New Jersey woman after receiving a vaginal mesh implant, the third consecutive eight-figure award against Johnson & Johnson in the pelvic mesh mass tort program in Philadelphia County court.

  • April 28, 2017

    Audi Cheated Emissions Tests In Gas Vehicles, Drivers Say

    Audi AG and its American subsidiary knowingly installed illegal so-called defeat devices in certain gasoline vehicles to cheat emissions tests, causing customers to overpay for the models, according to a lawsuit filed in California federal court Thursday by Audi owners and lessees.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Haeger V. Goodyear: Just Put The Cookie Back In The Jar

    Jeb Butler

    The U.S. Supreme Court's recent ruling in Haeger v. Goodyear illustrates how manufacturers and their lawyers who withhold evidence too often get away with it. If the chances of getting caught cheating are low, and the penalty for cheating is merely that you go back to where you started, there is little incentive to play fair, says Jeb Butler of Butler Tobin LLC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.