Product Liability

  • November 17, 2017

    Ch. 7 Trustee Accuses Chicago Cab Co. Of Stashing Assets

    Insiders of a now-bankrupt Chicago cab company offloaded its revenue stream to another entity in anticipation of a $26 million personal injury judgment, and also misappropriated $160 million in profits from medallion transactions using the cab company’s money, according to a new suit by a bankruptcy trustee on Thursday.

  • November 17, 2017

    Texas Justices Shelve J&J Mesh Case After Appeal Dropped

    The Texas Supreme Court on Friday decided to end a case asking when the clock begins to run on a personal injury claim stemming from an allegedly defective product, after the plaintiff in a Johnson & Johnson unit pelvic mesh suit dropped her connected Eleventh Circuit appeal.

  • November 17, 2017

    Cert. Too Soon For Groundwater Pollution Suit, Judge Says

    An Indiana federal judge denied class certification Thursday to homeowners who claim automotive manufacturer United Technologies Corp. and a gas station contaminated the groundwater underneath their property for more than 20 years, saying the bid was premature.

  • November 17, 2017

    Texas County Sues Arkema Over Plant Fire In Wake Of Harvey

    Harris County, Texas, asked a state judge on Thursday to order Arkema Inc., whose liquid organic peroxide manufacturing plant caught fire in the wake of historic flooding from Hurricane Harvey, to take steps to improve its disaster safety plans and reimburse the county for responding to the incident.

  • November 17, 2017

    Colgate Says Experts' Nix Undermines Philly Talc Case

    The recent exclusion of two expert witnesses for a customer alleging Colgate-Palmolive Co.’s talcum powder contained asbestos that caused her mesothelioma means Colgate should not face trial in the matter, the company told a Philadelphia judge on Thursday.

  • November 17, 2017

    Royal Caribbean Says Waiver Sinks Harvey Class Claims

    Royal Caribbean asked a federal court Friday to dismiss a proposed class action claiming the company put passengers in harm's way by not canceling a cruise as Hurricane Harvey bore down on Texas, arguing its ticket contract's class action waiver has been upheld previously and the pleadings are insufficient.

  • November 17, 2017

    Ocean Spray Sued Over 'No Artificial Flavors' Juice Label

    Ocean Spray Cranberries Inc.’s “CranGrape” and “CranApple” juice-based beverages falsely advertise that they don’t include any artificial flavors, claimed a proposed class action removed to California federal court Thursday.

  • November 17, 2017

    Disney Can Arbitrate 'Pink Slime' Coverage Row

    A California federal judge on Friday granted The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed the company's beef byproduct "pink slime," one day after hearing arguments on the motion.

  • November 17, 2017

    NHTSA Follows Up On VW Recall For Alleged Air Bag Defect

    The National Highway Traffic Safety Administration has opened an investigation into a recall involving an alleged defect affecting eight Volkswagen vehicle models that could cause the front driver air bag to fail to deploy during a crash, the agency said in a letter.

  • November 17, 2017

    Simply Potatoes Have Unexpected Margarine, Consumers Say

    Post Holdings Inc. has misrepresented that its Simply Potatoes Mashed Potatoes are “made with real butter” when the products unexpectedly contain less-healthy margarine as well, according to a proposed class action filed Friday in New York federal court.

  • November 17, 2017

    Mondelez Faces Labeling Suit Over Sugary Breakfast Items

    Mondelez International Inc. was hit with a proposed class action Thursday in California federal court alleging the snack food giant duped consumers into thinking its belVita breakfast biscuits are a healthy way to start the day when they are actually full of sugar.

  • November 17, 2017

    Claims Servicer Fights To Manage NFL Concussion Awards

    A claims management service assisting former NFL players with a settlement in multidistrict litigation over brain injuries urged a Pennsylvania federal court Thursday to allow the ex-players to pay a portion of their awards to third-party lenders and claims services providers, saying the court lacks jurisdiction over the nonparties.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 16, 2017

    Tech Co. Must Face Suit Over Patient Monitoring System

    Hospital technology company Draeger Inc. can't escape a suit brought by Chicago’s Rush University Medical Center that claims Draeger's patient monitoring system Rush purchased for $18 million in 2011 was ineffective and put patients at risk, an Illinois federal judge ruled Thursday.

  • November 16, 2017

    Insys Founder Denies Plot To Bribe Doctors Over Opioid Spray

    Insys Therapeutics Inc. founder John N. Kapoor pled not guilty on Thursday to orchestrating a national scheme to bribe doctors to needlessly prescribe his company’s unique and powerful opioid painkiller that is sprayed under the tongue.

  • November 16, 2017

    Fla. Firm Contests Method For $9M Sanctions In Engle Suits

    A Florida law firm asked a federal court Wednesday to alter a $9.1 million sanctions order for filing and maintaining baseless Engle progeny tobacco lawsuits, arguing that the court issued the sanctions without giving it a chance to fight them.

  • November 16, 2017

    Famed Houston Trial Lawyer Steve Mostyn Dies At 46

    Prominent Houston trial lawyer and Democratic donor Steve Mostyn, who made his mark battling insurance companies in storm damage lawsuits brought by homeowners, committed suicide Wednesday, according to an announcement posted on his law firm's website Thursday. He was 46.

  • November 16, 2017

    Xarelto Witness-Tampering Testimony Barred, For Now

    A Pennsylvania state judge said Wednesday that, for now, he would not allow jurors in an ongoing trial over injuries allegedly caused by the blood thinner Xarelto to hear from a Janssen Pharmaceuticals Inc. sales representative suspected of trying to influence a doctor’s testimony in the case.

  • November 16, 2017

    Armstrong Teasdale Sanctions Lifted In Fiat Hack Case

    Armstrong Teasdale attorneys for a proposed class of Jeep owners suing Fiat Chrysler over hacking concerns on Wednesday escaped sanctions that had been imposed on them for revealing confidential information, when the Illinois federal judge overseeing the suit found a magistrate judge lacked authority to level the penalties.

  • November 16, 2017

    Chicago's Suit Over Opioids Paused Ahead Of MDL Ruling

    An Illinois federal judge on Thursday put a hold on the city of Chicago’s lawsuit against a group of pharmaceutical companies over their alleged misrepresentation of opioid painkillers' addictiveness, saying it should wait until a decision is made on whether to consolidate similar claims in multidistrict litigation.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • With Integration Pilot Program, Drones Are Ready To Fly

    Patrick Reilly

    The White House recently announced it will cull regulatory restrictions on the use of unmanned aircraft systems, and will allow state and local governments to submit proposals for drone testing. Companies interested in drones should understand how federal rules impact licensing of pilots, registration of drones and more, say Patrick Reilly and Blake Angelino of Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Unreliable Expert Opinion Dooms California Talc Verdict

    Steven Boranian

    After the recent $417 million verdict against a talcum powder manufacturer in California, the trial court set the verdict aside, entering judgment for the defendants. The court’s order paints a clear picture of what happened: The jury, goaded by improper argument from plaintiffs counsel, ignored instructions and spun out of control, says Steven Boranian of Reed Smith LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.