Product Liability

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    Judge Won't Allow Deepwater Claims Due To Missing Form

    A Louisiana federal judge Wednesday declined to force a claims administrator for the Deepwater Horizon BP oil spill disaster to consider applications from a group of nine individuals and businesses who submitted documentation to the settlement program without a claim form, deciding the filings were untimely.

  • May 25, 2017

    Teva To Pay $1.6M To Resolve Calif. Counties' Opioid Suit

    Teva Pharmaceuticals Inc. will pay $1.6 million for substance abuse treatment to resolve a lawsuit brought in state court by two California counties over allegedly misleading marketing practices involving opioid painkillers, according to media reports Thursday.

  • May 25, 2017

    $1.75M Athletic Tape False Ad Settlement Pitched To Judge

    A proposed class of people who bought “kinesio tape” for sport injuries asked a Massachusetts federal judge Wednesday to preliminarily approve a proposed $1.75 million settlement with the tape manufacturer over alleged false claims on the products’ packaging and advertising.

  • May 25, 2017

    GM Hit With Emissions-Cheating Claims

    General Motors on Thursday became the latest automaker to be caught up in allegations of emissions cheating, as a proposed class action filed in Michigan federal court claims that defeat devices — similar to those used in Volkswagen’s diesel cars — are installed in certain models of its diesel trucks.

  • May 25, 2017

    German Prosecutors Eye Bosch Workers Amid Daimler Probe

    German prosecutors investigating if Daimler AG employees committed fraud in the sales of the company's diesel cars by faking emissions documents are also looking into workers at auto parts supplier Robert Bosch GmbH, according to media reports Thursday.

  • May 25, 2017

    VW Wants Fla. Engine Defect Class Action Moved To NJ

    Volkswagen, with the consent of a proposed class of drivers, asked a Florida federal court Wednesday to move the drivers’ lawsuit over a purported engine defect to New Jersey federal court, where an earlier-filed case has been pending for more than eight months.

  • May 25, 2017

    ExxonMobil Wants Nearly $20M Refinery Penalty Eliminated

    Exxon Mobil Corp. on Wednesday told a Texas federal court that a nearly $20 million civil penalty imposed over allegations that it emitted millions of pounds of air pollution from a complex in a Houston suburb “has no economic validity,” arguing that the judgment should be recalculated or eliminated.

  • May 24, 2017

    6th Circ. Affirms Decision To Keep VW Exec In Detention

    A Volkswagen AG executive accused of aiding in the conspiracy to cover up the diesel emissions test scandal will remain in pretrial detention after a Sixth Circuit panel on Wednesday denied his bid to overturn a lower court decision that ruled him a flight risk.

  • May 24, 2017

    Phony 5-Hour Energy Bottle Maker Gets Over 2 Years

    A California federal judge sentenced a bottle maker on Wednesday to more than two years in prison for his role in a massive scheme to counterfeit 5-Hour Energy drinks, saying he must serve prison time even if he didn’t originally know conspirators had asked him to make packaging for phony products.

  • May 24, 2017

    Honda Won't Remedy Defective Engine Starters, Suit Says

    A Honda Accord owner hit the car manufacturer with a putative class action in New Jersey federal court on Wednesday, alleging Honda has violated consumer fraud laws by failing to remedy a defect to the engine starter system that can cause motors and batteries to fail.

  • May 24, 2017

    State Farm Needn't Defend Building Inspector, Judge Says

    A South Carolina federal judge ruled Wednesday that State Farm doesn't have to defend a building inspector in a slew of lawsuits over the company's allegedly insufficient inspections of several construction projects, holding that a policy exclusion for failure to render professional services bars coverage.

  • May 24, 2017

    Judge OKs $177M Settlement Over Enbridge Pipeline Spills

    A Michigan federal judge on Tuesday signed off on a final agreement that requires Canadian pipeline giant Enbridge to pay $177 million in civil penalties and pipeline safety upgrades to resolve pollution claims related to oil pipeline spills in Michigan and Illinois in 2010.

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    Jury Readies To Mull 4th Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Thursday whether a Johnson & Johnson unit is liable for a Pennsylvania woman's pain and inability to have sexual intercourse, after three consecutive eight-figure jury verdicts against the company in lawsuits over allegedly defective pelvic mesh.

  • May 24, 2017

    Chipotle Shareholder Suits Over Food Safety Consolidated

    A Colorado federal judge on Wednesday consolidated two derivative suits brought by Chipotle Mexican Grill Inc. shareholders alleging officers’ and directors’ food safety failures resulted in costly outbreaks of food-borne illnesses at the restaurant chain starting in 2015.

  • May 24, 2017

    Costco, NBTY Can't Shake Supplement Label Row, Court Told

    A consumer told a California federal court on Tuesday that Costco and NBTY aren’t entitled to a quick win in a class action accusing them of falsely advertising that a ginkgo biloba product improves mental alertness and memory, saying that the evidence makes it clear the supplement is no better than a placebo.

  • May 24, 2017

    Bristol-Myers, Pfizer Made Faulty Blood Thinner, Suit Says

    Bristol-Myers Squibb Co. and Pfizer Inc. created a defective blood thinner that can cause irreversible bleeding and misrepresented the safety of the treatment, according to three separate suits filed in New York state court Monday by patients who suffered blood loss after taking the drug.

  • May 24, 2017

    Rap Star, Connecticut Theater Sued For Deadly Shooting

    Famed “battle” rapper Meek Mill and a Connecticut theater on Tuesday were slapped with a lawsuit in Waterbury Superior Court over a fatal shooting after a Dec. 30 concert, with one of the victims’ mothers accusing them of failing to protect audience members from violence that is known to break out at the rapper’s shows.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Collaboration, Harmony Key For International Drone Rules

    William O'Connor

    While President Donald Trump's 2-for-1 order has stalled regulations for drone operations in the U.S., the European Aviation Safety Agency and the International Civil Aviation Organization have recently taken steps forward on regulating drones and the airspace in which they operate. Coordination across jurisdictions will be essential for industry to fully realize the benefits of this technology, say attorneys with Morrison & Foerster LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • Product Liability Plaintiffs May Aim For Tech Developers

    Robb Patryk

    Adam Alter's new book on technology-based behavioral addiction issues may unintentionally spur plaintiffs attorneys to launch product liability lawsuits against technology companies, holding them accountable for addictive products, say attorneys with Hughes Hubbard & Reed LLP.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Learning From Social Media For Adverse Event Reporting

    Mei Sheng Duh

    As researchers continue to develop tools and methods to analyze social media data after patients' exposure to pharmaceutical and biotechnology products, it becomes necessary to consider how to best use that data and how to limit the data's uses in identifying and evaluating drug-induced adverse events, say analysts at Analysis Group Inc.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.