Product Liability

  • March 22, 2017

    11th Circ. Affirms $2.1M Verdict In Wright Hip Implants Suit

    The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

  • March 22, 2017

    Ford Sued For Alleged Defect In Shelby Racetrack Mustangs

    Car enthusiasts who were expecting to be able to race like the greats in their Shelby GT350 Mustangs from Ford Motor Co. were disappointed because of a pair of defects that cause the cars to lose speed and power mid-drive, according to a proposed class action in Florida on Wednesday.

  • March 22, 2017

    Trader Joe's Wants Tuna Class Suit Canned

    Grocery store chain Trader Joe’s Co. urged a California federal judge Tuesday to dismiss a proposed consumer class action accusing it of underfilling tuna cans, arguing that the consumers’ stated claims are overshadowed by the U.S. Food and Drug Administration’s standard for what a “reasonable consumer” understands about food labeling.

  • March 22, 2017

    USDA Beefs Up Brazilian Meat Inspections Amid Bribery Probe

    The U.S. Department of Agriculture announced on Wednesday that it will put imports of Brazilian beef under increased scrutiny until the South American nation gets to the bottom of a still-developing investigation of a bribery scheme that allegedly led to the sale of expired meat.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    Pharma Slams Wash. City's Suit Over Illegal OxyContin Sales

    Purdue Pharma LP on Monday urged a Washington federal court to dismiss a Washington city’s lawsuit accusing the OxyContin manufacturer of allowing opioids to get in the wrong hands and hoping to recoup the costs of fighting addiction, saying the city can't hold it responsible for preventing illegal operations that were already known to local authorities.

  • March 22, 2017

    Intelligender Hit With Penalty In Calif. False Ad Suit

    Intelligender LLC will have to pay $250,000 in penalties to California after a state court judge found the company had falsely advertised its gender prediction test as being scientific and accurate, the San Diego City Attorney said Tuesday.

  • March 22, 2017

    FDA Says 23 Sick In Soy Nut Butter E. Coli Outbreak

    The U.S. Food and Drug Administration said Wednesday that an E. coli outbreak linked to I.M. Healthy soy nut butter has sickened 23 people in nine states, doubling the number of affected consumers from earlier this month.

  • March 22, 2017

    Breast Implants Linked To Rare Cancer, 9 Deaths, FDA Says

    The U.S. Food and Drug Administration on Tuesday said that it’s received reports of nine deaths and about 360 cases of a rare type of blood cancer linked to breast implants, siding with the World Health Organization’s finding that the disease can develop after implantation.

  • March 22, 2017

    3rd Circ. Revives Fosamax Warning Class Against Merck

    The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.

  • March 22, 2017

    GAO Blasts Pace Of Offshore Drilling Oversight Improvements

    Poor leadership is hamstringing the efforts of U.S. offshore drilling regulators to improve their oversight of the industry following the 2010 Deepwater Horizon disaster, the U.S. Government Accountability Office said on Tuesday.

  • March 22, 2017

    Campbell's Healthy Soup Labeling Suit Gets Tossed

    A California federal judge on Tuesday dismissed a proposed class action against Campbell Soup Co. alleging the soup maker touts its grilled chicken and sausage gumbo as healthy despite its trans fat content, but denied both parties their bids for sanctions.

  • March 22, 2017

    Pharmacist Convicted Of Racketeering, Cleared Of Murder

    A Massachusetts pharmacist was convicted Wednesday of a wide-ranging racketeering scheme for selling deadly drugs, but was cleared of murder charges stemming from the 2012 fungal meningitis outbreak.

  • March 21, 2017

    House Dems Say Pruitt, Perry ‘Flouted’ Law With Rule Delays

    House Democrats on Monday said the new heads of the U.S. Environmental Protection Agency and the Department of Energy have “flouted” the law by delaying several Obama-era rules without proper public notice.

  • March 21, 2017

    $29M Fee Bid In Emissions Fraud Suit 'Excessive,' VW Says

    Volkswagen slammed a $28.56 million fee request by the lawyers for Volkswagen dealers who are set to receive a $1.6 billion deal for settling claims that the automaker cheated diesel emissions tests, telling a California federal court that the ask is “plainly excessive.”

  • March 21, 2017

    FDA Warning Wire: Data Woes For Foreign Drugmakers

    The U.S. Food and Drug Administration spotted data integrity problems, such as workers deleting records, at overseas drug manufacturers and rebuked a device maker for selling a revamped plasma defroster without getting the agency’s approval, according to warning letters released Tuesday.

  • March 21, 2017

    FDA Expert Says GSK In Charge Of Paxil Label Changes

    A former U.S. Food and Drug Administration medical reviewer pushed forward the narrative of a Reed Smith LLP partner’s widow Tuesday by telling an Illinois federal jury that Paxil manufacturer GlaxoSmithKline PLC was ultimately responsible for updating the drug’s label to alert doctors of an increased suicide risk.

  • March 21, 2017

    Gamer Can't Revive Suit Over In-App 'Gambling' At 4th Circ.

    A Maryland woman can't sue the makers of the "Game of War" mobile game under a state gambling losses law, the Fourth Circuit has ruled, saying the losses at issue involved virtual, not real money.

  • March 21, 2017

    Enviros, Farmers Sue EPA Over Weed Killer Registration

    Environmental groups on Tuesday sued the U.S. Environmental Protection Agency over its approval of Dow AgroSciences LLC's weed killer Enlist Duo, saying the EPA failed to follow laws governing pollution and animal and plant protection.

Expert Analysis

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    Judge Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the 10th Circuit in Hammond v. Stamps.com, favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Why Calif. May Be The New Frontier For Autonomous Vehicles

    Linda Pfatteicher

    This month, the California Department of Motor Vehicles released new draft regulations governing the testing and deployment of autonomous vehicles. California's announced commitment to advancing innovation is especially important now that states like Michigan and Florida are challenging its forerunner role in testing autonomous vehicles, say attorneys with Squire Patton Boggs LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.