Product Liability

  • September 22, 2017

    Syngenta Looks To Speed Appeal Of $218M GMO Corn Verdict

    Syngenta urged a Kansas federal judge Thursday to certify as a final judgment the $218 million jury verdict won by a class of Kansas farmers in multidistrict litigation over the agricultural company’s promotion of genetically modified corn, arguing it’s necessary to prevent needless delay of its appeal.

  • September 22, 2017

    Judge OKs $151M Elk River Spill Class Settlement

    A West Virginia federal judge granted preliminary approval Thursday to a class settlement worth up to $151 million with American Water Works Co. and Eastman Chemical Co. to end claims from a 2014 coal-processing spill in the Elk River.

  • September 22, 2017

    Dignity Health Escapes Indemnity Co.'s Med Mal Claims

    A longshore mutual insurance company on Thursday lost its suit against a hospital that performed surgery on one of its member’s workers who then died, with the California federal court saying an insurer doesn’t have standing to bring wrongful death claims.

  • September 22, 2017

    Ex-NJ Justice Can Serve As Master In Fraud Suit, Judge Says

    A New Jersey federal judge on Thursday ruled that a former New Jersey Supreme Court justice and current Ballard Spahr LLP partner will remain the special discovery master in a proposed asbestos fraud class action, rejecting defendants' claims that the onetime jurist has conflicts of interest.

  • September 22, 2017

    CVS Customers Kiss Drug Packaging Claims Goodbye

    A CVS Health subsidiary beat a proposed class action on Thursday when a California federal judge found that the consumers who filed the suit spent more time talking about Hershey’s chocolate than they did about actual harm from arthritis drugs that were allegedly stored improperly.

  • September 22, 2017

    Toyota Owner Objects To $278.5M Takata Air Bag Settlement

    A class member in multidistrict litigation over dangerously defective Takata Corp. air bags objected Thursday to a $278.5 million settlement with Toyota Motor Corp., saying the deal devotes too little of the money to class members.

  • September 22, 2017

    Suit Over CVS Mix-Up Belongs In State Court, Customer Says

    Attorneys for a woman who suffered brain hemorrhages after a CVS Pharmacy Inc. pharmacist allegedly dispensed the wrong medication have asked a California federal court to remand the case, saying the newly disclosed identity of the pharmacist destines the case for state court.

  • September 22, 2017

    3rd Circ. Declines To Rehear Pa. Radiation Suits

    The Third Circuit on Thursday said it would not hold a rehearing following its decision last month barring a group of Pennsylvania residents from moving forward with claims that they developed cancer after being exposed to emissions from a former Babcock & Wilcox Co. and Atlantic Richfield Co. nuclear facility.

  • September 22, 2017

    FDA Issues Final Guidance On Cigar Warnings

    The U.S. Food and Drug Administration on Friday unveiled final guidance for health warning statements on cigars and cigarillos, following the 2016 final rule extending the agency’s regulatory authority over cigars and other tobacco products.

  • September 22, 2017

    Meningitis Pharmacist Shrugged Off Safety Rules, Jury Told

    A pharmacy technician told a federal jury Friday that his boss told him to fake documents, skip safety tests and use expired ingredients at a Massachusetts pharmacy linked to the 2012 fatal meningitis outbreak.

  • September 22, 2017

    Amtrak Pollution Could Be 'Accidental,' Judge Says

    A New York federal judge hearing a dispute between Amtrak and a group of London market insurers over environmental cleanup coverage Thursday agreed with the rail company that the pollution could have been “accidental,” but he rejected Amtrak's definition of “sudden.”

  • September 22, 2017

    Power Plant Worker Gets Record $7.55M Asbestos Verdict

    A Massachusetts jury has granted a regional record of $7.55 million to a power plant worker who was diagnosed with mesothelioma after working with asbestos at New England Insulation, the worker’s attorneys said Thursday.

  • September 22, 2017

    J&J Unit Presses Pa. Judge To Toss $57M Pelvic Mesh Verdict

    A Johnson & Johnson unit is pushing a Pennsylvania state judge to throw out a $57.1 million pelvic mesh injury verdict it was slapped with earlier this month on grounds that the victim in the case had waited too long after learning about her injury to file suit.

  • September 22, 2017

    Ky. AG Hires Motley Rice, Others In Opioid Fight

    Kentucky Attorney General Andy Beshear said Friday his office has hired the law firms Morgan & Morgan, Motley Rice LLC, The Lanier Law Firm and Ransdell Roach & Royse PLLC to assist with a nationwide investigation and potential litigation over drugmakers’ role in the opioid crisis.

  • September 21, 2017

    NTSB Finds Severe Sleep Apnea In NJ, NY Train Crash Probes

    The engineers behind the New Jersey Transit and Long Island Rail Road train crashes over the past year that caused hundreds of injuries combined and left an attorney dead in one accident were later diagnosed with severe sleep apnea, according to reports made available Thursday by the National Transportation Safety Board.

  • September 21, 2017

    Fla. High Court Urged To Adopt Daubert For Asbestos Case

    The Washington Legal Foundation urged the Florida Supreme Court Wednesday to adopt a stricter standard for screening expert testimony as it considers whether to reinstate a mesothelioma sufferer's $8 million verdict against R.J. Reynolds and an industrial manufacturer.

  • September 21, 2017

    11th Circ. Seeks Texas Justices' Input In J&J Mesh Suit

    An Eleventh Circuit panel in a Johnson & Johnson mesh suit appeal asked Texas' high court for guidance Wednesday in determining whether the statute of limitations for a personal injury claim starts when a consumer connects their injury to a defective product or only when they also have reason to believe the manufacturer acted with ill intent or negligence.

  • September 21, 2017

    Hernandez's Daughter Sues NFL, Patriots After CTE Diagnosis

    The NFL’s and the New England Patriots’ negligence led Aaron Hernandez, the star football player who committed suicide earlier this year while serving a life sentence for murder, to develop “the most severe case” of the brain disease chronic traumatic encephalopathy seen in a person his age, his daughter claimed in a Thursday lawsuit.

  • September 21, 2017

    3rd Circ. Affirms Coach Not Liable In Brain Injury Suit

    A Third Circuit panel affirmed on Thursday a lower court's decision to end a liability suit brought by a high school football player’s family against a coach and a Pennsylvania school district after the player sustained a traumatic brain injury during practice, finding that the coach qualifies for immunity.

  • September 21, 2017

    8th Circ. Urged Not To Rehear Toyota's Crash Verdict Appeal

    Victims of a fatal 2006 crash urged the Eighth Circuit on Wednesday not to grant Toyota Motor Corp.’s request for rehearing, saying that the appellate panel was correct to affirm a jury’s $11.4 million verdict in several cases over an alleged acceleration defect and that the automaker is simply rehashing failed arguments.

Expert Analysis

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • Why A Subway Sandwich Class Settlement Didn't Measure Up

    Gerald Maatman Jr.

    The Seventh Circuit recently rejected a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud, calling the settlement "worthless" in terms of alleged relief to the class. Companies defending such litigation cannot expect to "buy peace" by simply paying off plaintiffs lawyers, say Gerald Maatman Jr. and John Marrese of Seyfarth Shaw LLP.

  • Storm-Damaged Businesses Need Environmental 'Baselines'

    Kevin Daehnke

    What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 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.