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Product Liability

  • April 19, 2019

    Flint Residents Can Sue Feds Over Water Debacle

    Residents of Flint, Michigan, beat back an attempt by the federal government to kill their case in Wolverine State federal court, alleging the U.S. Environmental Protection Agency acted negligently during the lead-poisoning crisis that started in 2014 after the city switched drinking water systems.

  • April 19, 2019

    Meet The 'Wonder Drug' Drawing FDA Fire

    The U.S. Food and Drug Administration recently opened a new front in its widening crackdown on dietary supplements by targeting an increasingly popular product touted as a “wonder drug” for its purported brainpower benefits. Here, Law360 examines the FDA’s concerns and the product’s background.

  • April 19, 2019

    Bosch Rips VW Franchisees' 'Delay' Tactics In RICO Spat

    Robert Bosch GmbH on Friday ripped a group of Volkswagen franchised dealers for using delay tactics in their California racketeering suit, which accuses the auto parts maker of teaming up with Volkswagen to develop the emissions-cheating devices in Volkswagen's "clean diesel" vehicles.

  • April 19, 2019

    J&J Says 2,400 Talc Suits Belong In Del. Federal Court

    Johnson & Johnson asked a Delaware federal judge Thursday to transfer about 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to court there, where its talc supplier filed for bankruptcy.

  • April 19, 2019

    J&J Win Shows Potential Limit To Mesh Injury Claims

    After multiple damages awards against a Johnson & Johnson unit over allegedly defective pelvic mesh implants, a recent verdict clearing the company of claims over a Philadelphia-area woman’s worsening incontinence and pain during sex may mark the outer bounds of injuries juries are willing to attribute to the products.

  • April 19, 2019

    Opioid MDL Shouldn't Hold Up NJ County's Suit, Court Told

    A New Jersey shore county slammed a move by drug distributors to pause its suit over their alleged roles in the opioid crisis Friday, arguing that the case’s potential inclusion in multidistrict litigation stemming from the addiction epidemic doesn’t have to interrupt the proceedings.

  • April 19, 2019

    Rachael Ray Dog Food Co. Escapes Suit Over 'Natural' Label

    A New York federal judge on Friday dismissed a $5 million proposed class action against Rachael Ray's dog food company that claimed the food's "natural" label was misleading because it contains the weed killer glyphosate, saying the suit did not say how much of the chemical was found or if it was harmful.

  • April 19, 2019

    Bose Aims To Silence Suit Over Water-Resistant Headphones

    Bose rebuffed consumer allegations that its water-resistant wireless headphones were defective, telling a Massachusetts federal court Thursday that the claims should be dismissed as they are merely "stray accounts of consumer dissatisfaction" that fail to claim an actual defect.

  • April 19, 2019

    9th Circ. Gives EPA 90 Days To Respond In Pesticide Case

    The Ninth Circuit on Friday gave the U.S. Environmental Protection Agency 90 days to respond to objections filed by health and environmental groups over the agency's decision not to ban the pesticide chlorpyrifos.

  • April 19, 2019

    Q&A With 'Queen Of Torts' Sheila Birnbaum

    Dechert LLP’s Sheila Birnbaum, known as the “Queen of Torts," recently discussed with Law360 the changes in product liability laws she has seen over her long career, her proudest achievement as a lawyer and the challenges of representing Purdue Pharma in the multidistrict litigation over the opioid crisis.

  • April 19, 2019

    5 Times Lawyers Settled During The Big Show

    Apple and Qualcomm grabbed headlines when they decided to settle their differences before a San Diego federal jury could decide their multibillion-dollar antitrust dispute. But they aren't the first high-profile litigants to think twice about having a jury decide their fate once they got to court.

  • April 19, 2019

    Houston Refining Says Faulty Reactor Design Cost It $10.2M

    Houston Refining LP hit both the engineering firm and manufacturing company that handled the design and implementation of upgraded equipment at its Pasadena, Texas, refinery with a lawsuit, alleging a negligent design caused a shutdown that cost it $10.2 million.

  • April 18, 2019

    Doc Linked To Insys Denies New Charges In Patient's Death

    A doctor already under federal indictment in an alleged opioid kickback scheme with Insys Therapeutics Inc. pled not guilty Thursday afternoon to new charges that he prescribed "staggering quantities" of Oxycodone and fentanyl that killed a patient, federal prosecutors said.

  • April 18, 2019

    Postpone Opioid MDL Trial? Get Real, Judge Says

    An Ohio federal judge on Thursday said that drug companies in the multidistrict opioid litigation are apparently maneuvering to indefinitely delay a bellwether trial and that the idea isn't even worthy of consideration.

  • April 18, 2019

    2 Commissioners Rip FTC's 'Made In USA' Settlements

    Two commissioners of the Federal Trade Commission on Wednesday disavowed the agency's settlements with sporting goods companies that allegedly sold imported equipment under a "Made in USA" label, saying the “no money, no fault” agreements won’t deter rule breakers. 

  • April 18, 2019

    NY Court Upholds Insurer's Setback In Asarco Asbestos Row

    A trust tasked with securing payouts on asbestos injury claims against Asarco LLC can pursue the full limits of excess policies that defunct Midland Insurance Co. issued to the mining company, a New York state appellate court affirmed on Thursday.

  • April 18, 2019

    PG&E Using Ch. 11 To Elude Rate-Gouging Claims, City Says

    San Francisco has asked a California bankruptcy court to allow it to press forward with its claims that PG&E is improperly squeezing the city on rates, saying the bankrupt power utility has been hiding behind the automatic stay to prevent a resolution.

  • April 18, 2019

    Rafting Center Settles Suit Over Brain-Eating-Amoeba Death

    A wrongful death suit accusing a whitewater rafting facility in North Carolina and others of causing an Ohio woman’s death after she contracted a rare brain-eating amoeba has been settled, according to documents filed in North Carolina federal court.

  • April 18, 2019

    AmerisourceBergen Investors Demand Opioid Crisis Records

    An AmerisourceBergen Corp. investor sued the drug distribution giant Thursday in Delaware's Chancery Court for access to company records, saying its role in the opioid crisis warrants an investigation into the fitness of its directors to serve, among other concerns.

  • April 18, 2019

    Ex-NFLers' Painkiller Claims Against League Fall Short Again

    NFL players accusing the NFL of giving them painkillers to get them back into the game without regard for their long-term health had their suit shot down a second time by a California federal judge Thursday, who ruled they couldn't show how the relevant drug laws applied to the league.

Expert Analysis

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Reverse FCA Cases Rise With 'America First' Trade Policies

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    Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.

  • When Done Right, Class Coupon Settlements Can Still Work

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    Recent objections by the U.S. Department of Justice and state attorneys general to coupon and in-kind settlements in consumer class actions have provided at least a tacit road map for how to design a coupon settlement that may avoid drawing governmental opposition, says Jeffrey Jacobson of Kelley Drye.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • State Net

    The Potential Effect Of State E-Cigarette Regulations

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    To curb skyrocketing e-cigarette use among teenagers, at least 10 states have introduced bans on the sale of flavored tobacco products. These proposed bans — especially the stricter measures California and Hawaii are considering — could hinder the overall tobacco industry's growth, says Korey Clark of State Net Capitol Journal.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Aviation Watch: FAA Certification Under Scrutiny

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    The aircraft design flaws revealed after two recent crashes of Boeing 737 MAX airliners demonstrate that the Federal Aviation Administration's certification process — which delegates much oversight responsibility to aircraft manufacturers — is overdue for reform, says Alan Hoffman, a retired attorney and private pilot.