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Product Liability

  • June 21, 2018

    Southwest Airlines, Boeing Sued Over Deadly Engine Failure

    Passengers of an April flight with Southwest Airlines have sued in New York court over an engine failure that resulted in one passenger death and spurred the Federal Aviation Administration to evaluate its safety oversight of the airline.

  • June 20, 2018

    Plaintiffs' Firm Pulled Into Cahill Asbestos Suit Discovery War

    A bitter discovery fight heated up further Wednesday in a suit accusing BASF and former counsel Cahill Gordon & Reindel LLP of destroying proof of asbestos in talc from a mine that, in other litigation, is claimed to have been a supplier to Johnson & Johnson, as plaintiffs' firm Cohen Placitella & Roth PC disputed terms governing the handover of its referral deal with a major fact witness. 

  • June 20, 2018

    EPA Tells Lockheed, Honeywell To Do $21M In Superfund Work

    The U.S. Environmental Protection Agency said Wednesday it had finalized a set of orders requiring Lockheed Martin Corp. and Honeywell International Inc. to do about $21 million in work largely to improve groundwater treatment at a Superfund site located in the North Hollywood, California, area.

  • June 20, 2018

    Fla. Appeals Court Gives Bechtel Win In Asbestos Dispute

    A Florida appeals court ruled Wednesday that a trial court should have entered judgment in favor of Bechtel Corp. in a dispute with a former worker who won a $21 million jury verdict against the company and Florida Power & Light Co. over asbestos exposure.

  • June 20, 2018

    HHS Unveils Controversial Drinking Water Contaminant Study

    The U.S. Department of Health and Human Services released an eagerly anticipated study Wednesday that said there should be a much stricter standard for human exposure to two drinking water contaminants than what the U.S. Environmental Protection Agency established.

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

  • June 20, 2018

    Bondholders Defend Amended VW Emissions Fraud Suit

    Bondholders told a California federal judge Tuesday that they’ve sufficiently alleged in their proposed class action that they were defrauded by Volkswagen AG, its U.S. unit and top executives who issued misleading bond offering documents that concealed the German automaker’s 2015 diesel emissions scandal.

  • June 20, 2018

    New York Sues 3M, Other Manufacturers Over Toxic Foam

    The state of New York sued 3M Co., Tyco Fire Products LP and four other manufacturers Tuesday for the almost $39 million that the government has spent to protect residents from toxic firefighting foams made by the companies.

  • June 20, 2018

    Bard Can't Get New Trial After $3.6M Vein Filter Verdict

    Medical device maker C.R. Bard is stuck with a $3.6 million jury verdict awarded in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, after an Arizona federal court denied Bard’s requests for a new trial or judgment as a matter of law.

  • June 20, 2018

    Tesla Autopilot Defeat Device Sales Halted By NHTSA

    The National Highway Traffic Safety Administration has demanded an immediate halt to sales of a device that attaches to Tesla steering wheels to override autopilot function warnings, highlighting the limits of the autopilot system after two deadly crashes by drivers who had gone hands-free.

  • June 20, 2018

    Attys Seek $1M In Slack-Fill Deal Offering 25-Cent Payouts

    A Missouri state court has tentatively approved a settlement that would pay consumers 25 cents for each box of Taste of Nature Inc. candies including Chocolate Chip Cookie Dough Bites and Muddy Bears that were allegedly underfilled, and pay their attorneys up to $1 million in a proposed class action filed last month.

  • June 20, 2018

    Purdue Pharma Axes Sales Team, Lightens Focus On Opioids

    Purdue Pharma LP late Tuesday announced the elimination of its entire sales force and creation of a new business model focused less heavily on narcotic painkillers, a milestone development for the country’s most notorious seller of prescription opioids.

  • June 19, 2018

    Former Aegerion Execs Say FDA Approval Negates FCA Case

    Former executives at Aegerion Pharmaceuticals Inc. argued Tuesday that a False Claims Act case against them ignores a federal regulatory program that gave marketers and doctors explicit permission to recommend an expensive cholesterol drug to people who did not have the rare genetic disorder it was created for.

  • June 19, 2018

    Fiat Chrysler Can't Skirt Drivers' Pacifica Defect Suit

    A California federal judge on Tuesday denied Fiat Chrysler’s bid to dodge a putative class action, saying the suit raises a reasonable inference that the automaker knew a defect addressed in two Technical Service Bulletins could cause its Pacificas to stall or shut off without warning.

  • June 19, 2018

    Dental Startup Beats Big Distributors' False Ad Claims

    A startup dental supply company exaggerated its ability to offer lower prices than two larger distributor rivals, but they didn’t show that consumers would have cared, a New York federal judge ruled Monday in axing the rivals’ claims.

  • June 19, 2018

    FDA’s ‘Added Sugar' Label Proposal Stings Honey, Maple Cos.

    The U.S. Food and Drug Administration has been slammed with negative comments about its proposed rule change that would make producers of honey and maple syrup label their products as "added sugars," with companies and consumers alike variously criticizing the FDA's draft guidance as misleading, unnecessary and "completely absurd."

  • June 19, 2018

    FDA Warning Wire: Cancer Treatment Co. Slammed Again

    The U.S. Food and Drug Administration again upbraided a cancer treatment center for the third time in two years, looked askance at a French drugmaker's testing practices and warned an online seller of a drink purported to treat opioid withdrawal symptoms.

  • June 19, 2018

    DOJ To Participate In Opioid MDL Settlement Talks

    The Ohio federal judge overseeing multidistrict litigation over allegedly reckless opioid sales said Tuesday the federal government can participate in settlement discussions.

  • June 19, 2018

    Opioid Research Rules Tweaked In Bills Passed By House

    The U.S. House of Representatives on Tuesday passed a series of bills changing federal policy on research and approvals for opioids, as part of a broader package of measures aimed at addressing the nation's addiction crisis.

Expert Analysis

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Tips For Keeping FDA Advisory Action Letters Out Of Court

    Jaime Davis

    The U.S. Food and Drug Administration often gives drug and device manufacturers notice of perceived violations by sending advisory action letters. Plaintiffs counsel may seek to admit such letters in litigation, but there are multiple ways defendants can try to keep juries from seeing them, say Jaime Davis and Caitlyn Ozier of King & Spalding LLP. 

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.