Product Liability

  • April 27, 2017

    Environmental Groups To Sue EPA Over NYC Water Standards

    The National Resources Defense Council, Riverkeeper and other environmental advocates are teaming up to file a citizen suit against the U.S. Environmental Protection Agency, saying it is allowing New York City’s rivers and bays to become contaminated with raw sewage by letting the state use outdated water quality criteria.

  • April 27, 2017

    NFL Seeks To Trim Players' Painkiller Class Action

    The National Football League asked a California federal judge to substantially trim a putative class action alleging players were pressured into taking painkillers that caused post-retirement health problems, saying at a hearing Thursday that the complaint was poorly pled and the statute of limitations on most claims had expired.

  • April 27, 2017

    Attys For Euro NFLers Say Concussion Deal Work Not Minor

    Attorneys for former players in the NFL’s now-defunct European league told a Pennsylvania federal court Wednesday that co-lead counsel for the concussion settlement has lumped them in with “losing objectors,” even though their work made it possible for Europe-based players to benefit from the deal.

  • April 27, 2017

    Boeing Wins $75K In Sanctions Row Against Plane Crash Atty

    An attorney with aviation specialty firm Ribbeck Law Chtd. has been fined $75,000 in sanctions by an Illinois state court for repeatedly filing discovery requests against Boeing Co. and others, then misrepresenting them as actual lawsuits to drum up business.

  • April 27, 2017

    Insurer Denied Builder Defense In Bad Faith: Wash. Justices

    Washington state's high court ruled Thursday that ProBuilders Specialty Insurance Co. refused in bad faith to defend a builder against claims a homeowner was sickened by carbon monoxide released from an improperly installed water heater, holding that a pollution exclusion in ProBuilders' policy does not erase coverage.

  • April 27, 2017

    Insurer Sues 2nd Insurer Over Spoiled Pizza Hut Brownies

    A casualty insurer has sued another insurer in New York federal court to recover a portion of $1 million it paid to cover a brownie baker’s product contamination losses after two incidents where Pizza Hut customers reported foreign objects in their food, saying the other insurer has paid nothing to date.

  • April 27, 2017

    Toyota Owners’ Attys Get $9.75M In $3.4B Rusty Frame Deal

    A California federal judge Thursday signed off on a $9.75 million fee request from lawyers who secured a settlement valued at $3.4 billion from Toyota Motor Co. to resolve claims of rust-prone truck frames, saying everything “looks good” with the settlement and fee request.

  • April 27, 2017

    Feds Tell Supreme Court Not To Review Parents' Vaccine Suit

    The U.S. government has urged the U.S. Supreme Court not to review a decision that denied compensation to the parents of a child who was allegedly permanently injured as the result of a vaccine, saying the rejection was proper and didn’t violate previous high court precedent.

  • April 27, 2017

    Co. Selling Adulterated Weight Loss Supplements, Buyers Say

    Dietary supplement maker IQ Formulations LLC used an unapproved ingredient in its weight loss supplements and then wrongly advertised its products as safe, in violation of Florida, New York and Illinois business laws, a potential class of customers alleged in Florida federal court Wednesday.

  • April 27, 2017

    TVA Liable For Secondhand Asbestos Death, 11th Circ. Says

    An Eleventh Circuit panel on Wednesday said that the Tennessee Valley Authority’s negligent asbestos practices caused the wife of one of its former employees to die painfully and prematurely, affirming much of an almost $3.5 million award in her favor.

  • April 27, 2017

    Exxon Must Pay Nearly $20M For Texas Refinery Pollution

    A Texas federal judge ruled Wednesday that Exxon Mobil Corp. must pay nearly $20 million in civil penalties for millions of pounds of air pollution from a refining and chemical complex in a Houston suburb, a win for environmental groups that saw their suit revived by the Fifth Circuit last year.

  • April 27, 2017

    Texas Sues FDA Over Ban On Import Of Execution Drug

    The state of Texas on Wednesday hit the U.S. Food and Drug Administration with a suit in federal court claiming that the agency overstepped its authority in blocking the import of a drug used to carry out lethal injection executions.

  • April 27, 2017

    Medical Experts Call Zimmer MDL Subpoenas Inappropriate

    A plaintiffs' consultant in the Illinois federal court Zimmer NexGen knee implant multidistrict litigation filed a broadside Wednesday over Zimmer's bids for more than 100 plaintiff depositions and massive quantities of allegedly privileged documents, saying they go against court order.

  • April 27, 2017

    Food Co. Expands Recall Of Golf Ball-Flecked Hash Browns

    McCain Foods USA Inc. is expanding its nationwide recall of frozen hash browns possibly contaminated with “golf ball materials” after receiving two additional complaints from customers, the company announced Wednesday.

  • April 26, 2017

    Ruling In GM Case Clarifies Liability Limits In Bankruptcies

    The U.S. Supreme Court’s rejection of General Motors’ bid to dodge responsibility for some of its predecessor company’s actions even after a 2009 bankruptcy makes clear that some buyers in Chapter 11 sales cannot rely on traditional rules to escape liability when parties aren’t properly notified about lingering claims, experts say.

  • April 26, 2017

    NHL Can't Get Most Brain Research Docs From CTE Center

    A Minnesota federal judge on Wednesday largely denied the National Hockey League’s bid to compel the Boston University CTE Center and its researchers to hand over materials related to its study of chronic traumatic encephalopathy, the degenerative brain disease at the center of the litigation.

  • April 26, 2017

    Texas Court Blocks Access To Goodyear Plant In Defect Row

    A Texas appellate court Wednesday held that a trial court had abused its discretion by ordering The Goodyear Tire & Rubber Co. to let a plaintiff in a design defect case enter its manufacturing plant to observe and record its tire manufacturing operations during discovery.

  • April 26, 2017

    Counterfeit 5-Hour Energy Ringleader Sentenced To 7 Years

    A wholesale distribution company owner who pled guilty to orchestrating a scheme to sell counterfeit 5-Hour Energy drinks was sentenced on Wednesday to seven years in prison and ordered to pay more than half a million dollars in restitution to the drink’s maker, according to the U.S. attorney’s office in San Francisco.

  • April 26, 2017

    Judge Trims Acura Drivers' Suit Over 'Parasitic' Devices

    A California federal judge on Tuesday trimmed claims in a suit alleging "parasitic" devices in Acura cars for hands-free calling drained batteries, but declined to dismiss a proposed nationwide class, rejecting American Honda Motor Company Inc.’s contention that the proposed class can’t rely on California law.

  • April 26, 2017

    Propel Loses Quick Win Bids In Dental Device False Ad Row

    A Texas federal judge twice refused Wednesday to let Propel Orthodontics escape a Lanham Act suit launched by rival OrthoAccel Technologies over Propel’s alleged false advertising of a competing dental appliance, saying material questions still needed answers and were best left for a trial.

Expert Analysis

  • 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.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • How Due Process Limits Personal Jurisdiction

    Daniel Jaffe

    For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.