Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.
Two 13-year-old hockey players swung a lawsuit on Thursday against a skating club and a Zamboni repair business in New Jersey federal court over claims they suffered carbon monoxide poisoning when a defective vehicle was used to resurface ice during a tournament at the Delaware facility this year.
Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.
The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its businesses taxes a $2.2 billion payment made as part of an asbestos product liability settlement.
The Ninth Circuit on Friday refused to revive a suit from two Major League Baseball fans demanding extended safety nets at ballparks, finding their standing argument fell short because they weren’t likely to be injured by foul balls or thrown bats in the future.
A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.
Drivers alleging Volvo Car Corp. sold vehicles with defective sunroofs must take another stab at getting their proposed state-based subclasses certified because they’re too poorly defined to meet the ascertainability requirement for the lawsuit to advance, a New Jersey federal judge said Wednesday.
An Illinois federal judge on Thursday allowed a Dunkin’ Donuts customer to go forward with his claim the chain duped him into buying an artificially flavored blueberry doughnut believing it contained real berries, saying if his claims are true it was a reasonable belief.
The insurer of a New York country club that caught fire in 2014 is seeking $11.7 million from the companies that it claims caused the fire, according to a suit filed Thursday in New York state court.
The U.S. Food and Drug Administration on Thursday unveiled new oversight policies for digital health products, including increasingly popular software used to assist doctors in making treatment decisions.
A California federal judge hearing cases related to Volkswagen AG’s clean diesel scandal ruled Wednesday that investors cannot cite the automaker's plea deal and admissions to prosecutors as proof that dozens of its statements to investors were false or made with scienter, although he found they did contradict the automaker’s statements printed on its engines.
The U.S. Food and Drug Administration on Wednesday said it had identified a General Mills plant in Missouri as the likely culprit behind a multistate outbreak of E. coli in 2016 that sickened more than 60 people.
The government urged a Massachusetts federal court Wednesday to not acquit a pharmacist convicted of 77 counts including racketeering and mail fraud for manufacturing deadly drugs in the 2012 fungal meningitis outbreak, saying the arguments presented to support acquittal have been rejected by the court or rely on facts dismissed by the jury.
Covington & Burling LLP has lured back a former associate after an eight-year stint at the U.S. Food and Drug Administration, giving the firm insider perspective on the agency’s fast-evolving approach to drug safety.
Philip Morris USA Inc. asked the Eleventh Circuit Wednesday to order a new trial in an Engle progeny case that resulted in more than $20 million in damages, arguing that plaintiff’s counsel made improper closing arguments that compared the tobacco company to a “predatory stranger stalking children.”
A Ninth Circuit panel on Wednesday vacated a win for Merck Sharp & Dohme Corp. and other drugmakers in a suit claiming that they failed to warn consumers about pancreas problems from Type 2 diabetes drugs, sending the class action back to the district court that the panel said erroneously interpreted a U.S. Supreme Court ruling.
A New Hampshire federal judge on Wednesday trimmed an unjust enrichment claim from a putative class action against Saint-Gobain Performance Plastics over alleged water contamination from a toxic chemical used to make Teflon, but let the remaining claims stand.
Oil and gas company SM Energy Co. on Wednesday asked a Delaware bankruptcy court to reopen the Chapter 11 case of pipeline manufacturer Boomerang Tube LLC, in order to modify the plan’s discharge injunction so SM Energy can sue Boomerang over busted piping that cost it $9 million.
A Massachusetts federal judge on Wednesday awarded $4.45 million in fees to attorneys who secured a $22.25 million settlement to end an investor class action accusing Aegerion Pharmaceuticals Inc. of hiding from shareholders the off-label marketing of the cholesterol drug Juxtapid.
Bumble Bee Foods LLC was hit Wednesday with a class action accusing the company of tricking consumers into believing its "medium red smoked salmon" product was fresh caught and smoked, when in fact it was farm-raised, colored pink and artificially flavored.
2017 has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the courts of appeals have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is currently considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
Evolving technologies such as artificial intelligence will change countless aspects of how companies do business. Consumer product companies ceding control to technology should weigh efficiencies against the risks posed by such novel movements, say attorneys at Morrison & Foerster LLP.
What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.
The Massachusetts Consumer Protection Act prohibits a business from engaging in unfair or deceptive acts or practices. The law provides a consumer’s counsel significant leverage when litigating and attempting to settle claims — particularly in a class action setting — but also affords a business an opportunity to gain that leverage back and limit exposure to damages, says David Thomas of Greenberg Traurig LLP.
Last month, the California Sixth District Court of Appeal upheld portions of a public nuisance action against paint companies for selling lead-pigment paint in the decades prior to 1950 while knowing of its toxicity. The ruling's extraordinarily expansive use of public nuisance law circumvents the traditional burdens, limitations and protections of product liability jurisprudence, says Jules Zeman of Dentons.
The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.
The U.S. Food and Drug Administration recently issued warning letters concerning violations of the Federal Food, Drug and Cosmetic Act to four companies that market products containing cannabidiol, a nonpsychotropic cannabinoid found in cannabis. These letters should serve as a reminder that the FDA is watching closely, say attorneys with Arent Fox LLP.
A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.
Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.
On Nov. 30, the U.S. Judicial Panel on Multidistrict Litigation heard argument in over 100 government lawsuits seeking damages from pharmaceutical companies for the opioid epidemic. Whether these cases get consolidated and, if so, in which court, may have far-reaching implications, say Adam Fleischer and Kevin Harris of BatesCarey LLP.