Product Liability

  • September 20, 2017

    Pathogen-Killer Claims Unfair, Medical Co. CEO Testifies

    Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.

  • September 20, 2017

    New Trial Granted In DePuy Hip Replacement Litigation

    A woman who lost a hip replacement negligence case against DePuy Orthopaedics was granted a new trial Tuesday when an Illinois judge ruled the testimony of a joint replacement researcher had been unfairly barred from the original trial.

  • September 20, 2017

    Maron Marvel Extends Footprint To Chicago, St. Louis

    Delaware-based Maron Marvel Bradley Anderson & Tardy LLC has expanded to Illinois and Missouri, the firm announced this week, continuing its focus on litigation in the areas of mass toxic tort, products liability, personal injury and environmental regulation.

  • September 20, 2017

    Xarelto Bellwether Loser Says New Study Merits Retrial

    A woman who lost a federal bellwether trial on claims that Janssen Pharmaceuticals’ and Bayer’s blood thinner Xarelto caused her hospitalization for internal bleeding has moved for a new trial, arguing jurors should see a recent study by Bayer scientists that contradicts the companies’ trial testimony.

  • September 20, 2017

    Enviros Threaten Duke Energy With Coal Ash Pollution Suits

    Community groups in Indiana, Kentucky and North Carolina on Wednesday hit Duke Energy with notices that they intend to sue the company for allegedly withholding dam safety information related to potential coal ash spills.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    4th Bellwether Over J&J Metal Hip Implants Kicks Off

    Six plaintiffs on Wednesday told a Texas federal jury that a money-driven Johnson & Johnson pushed a dangerous metal-on-metal hip implant into the world that it knew wouldn’t work well and that was defectively manufactured, in the fourth bellwether trial in multidistrict litigation over the devices.

  • September 20, 2017

    Death Wish Coffee Co. Recalls Cold Brew For Botulism Risk

    A New York-based company called Death Wish Coffee Co. is voluntarily recalling its canned “Nitro Cold Brew” coffee out of a risk of botulism, a potentially deadly type of food poisoning, according to a notice posted Tuesday by the U.S. Food and Drug Administration.

  • September 20, 2017

    Starr Says Juice Maker Should Have Disclosed Presuit Notice

    Starr Indemnity & Liability Co. told a Washington federal judge Tuesday that a notice of a possible suit under California's Proposition 65 labeling law created a claim that a fruit juice maker should have told the insurer about when it applied for a policy, while the juice maker urged the court to find the claim didn't arise until the suit was filed.

  • September 20, 2017

    'Just For Men' Dye Maker Looks To Exit Health Risk Suit

    Combe Inc. asked an Illinois federal judge on Tuesday to toss a multi-plaintiff suit claiming the company didn’t do enough to alert customers to alleged health risks associated with "Just For Men" hair dye products, arguing there is no evidence the consumers checked the warnings already on the box.

  • September 20, 2017

    Mercedes-Benz Must Face Drivers’ Faulty Transmission Suit

    A California federal judge on Wednesday kept alive a proposed class action alleging Mercedes-Benz USA LLC made vehicles with faulty transmissions, saying the drivers have standing and sufficiently alleged facts that indicate a transmission defect.

  • September 20, 2017

    Insurer Can't Claim Policy Error To Deny Pollution Coverage

    A Georgia federal court Wednesday refused to find that Ace American Insurance Co. need not cover any of a $2.3 million judgment against Exide Technologies Inc. over acid damage at a former battery factory, rejecting the insurer's contention that a pollution exclusion was mistakenly left off Exide's policy.

  • September 20, 2017

    Man Mistaken For Garbage Can't Sue Train Co. Over Collision

    The Second Circuit on Wednesday affirmed a Syracuse, New York, federal judge's dismissal of a suit targeting Pan Am Railways Inc., which was filed by a Troy, New York, man who passed out drunk on tracks in Rensselaer County and was run over after being mistaken for a bag of trash.

  • September 20, 2017

    Meningitis Murder Trial Dogged By Accusations Jurors Misled

    Prosecutors and defense attorneys accused one another of misleading a jury in opening statements of the second meningitis murder trial Tuesday, with both sides asking the judge to tell jurors the other lawyers were wrong.

  • September 20, 2017

    Caution In Mixing Methadone, Benzos Can Reduce Risk: FDA

    The U.S. Food and Drug Administration on Wednesday said that doctors shouldn’t withhold opioid addiction medications from patients taking drugs that depress the central nervous system, such as sleep aids and muscle relaxers, saying that while the combined use of these drugs is risky, opioid addiction is even worse.

  • September 20, 2017

    GM Gas Tank Defect Suit Revived By Bankruptcy Judge

    A New York bankruptcy judge on Tuesday allowed a woman allegedly burned by a defectively designed gas tank to move forward with her second attempt to hold General Motors LLC liable.

  • September 19, 2017

    Caffeine Expert Details Coffee Craving In Prop 65 Trial

    A nonprofit suing Starbucks, Keurig and other big-name coffee retailers to force them to warn consumers about carcinogens in their products called an addiction expert to testify in California court on Tuesday about the negative withdrawal effects that keep hooked coffee drinkers coming back for more.

  • September 19, 2017

    Medical Scrubs Cos. Start Trial Trading False Ad, IP Claims

    Medical garment maker Strategic Partners Inc. opened a California federal jury trial Tuesday with accusations that rival Vestagen Protective Technologies Inc. made false claims about the pathogen-killing capabilities of its medical scrubs, while Vestagen fired back by saying the larger company stole its trade secrets.

  • September 19, 2017

    Fla. Building Code Improvements A Bright Spot During Irma

    With its impact felt from Key West to Jacksonville, Hurricane Irma delivered Florida a mighty blow, but building industry experts say the storm’s destruction would have been much worse if not for stronger building codes and regulations enacted after the devastation of Hurricane Andrew 25 years ago.

  • September 19, 2017

    Pharmacy Solely Liable For Meningitis Outbreak, Clinic Says

    A Maryland surgical center’s role in a deadly 2012 meningitis outbreak is superseded by that of the pharmacy that made the tainted products, Box Hill Surgery Center LLC told a Massachusetts federal judge overseeing multidistrict litigation Monday.

Expert Analysis

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • As Medical Food Industry Grows, So May FDA Scrutiny

    Kyle Diamantas

    An important regulatory advantage enjoyed by "medical food" products is the ability to make affirmative claims that a particular medical food may assist in treatment or management of a disease condition. But the category is poised to attract increased attention from the U.S. Food and Drug Administration, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • OIG's Warranty Safe Harbor Opinion And Value-Based Care

    Thomas Bulleit

    The recent broadening of previous guidance on the warranty safe harbor of the Anti-Kickback Statute by the U.S. Department of Health and Human Services' Office of Inspector General may facilitate many of the outcomes-based risk-sharing arrangements that drug and device sellers have been contemplating (and pursuing) as part of the movement toward value-based health care, say attorneys with Ropes & Gray LLP.

  • Ransomware And Medical Devices: A Growing Risk

    Thomas Barnard

    Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.