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Product Liability

  • October 18, 2018

    Georgia-Pacific Gets Unjust Benefit With Ch. 11, Creditors Say

    The unsecured creditors of bankrupt Georgia-Pacific affiliate Bestwall LLC on Wednesday again urged a North Carolina bankruptcy court to dismiss the company's Chapter 11 case, accusing the parent company of unjustly devising a way to dump off and reduce its legacy asbestos liabilities.

  • October 18, 2018

    Toxic Pet Food Not Fit For Dogs, Proposed Class Action Says

    A dog owner hit Champion Petfoods with a proposed class action in New York federal court alleging its Acana and Orijen pet foods contain heavy metals known to pose health risks to humans and animals, even though the foods are advertised as fit for humans.

  • October 18, 2018

    Vitamin Distributor Can't Dodge $9M Default: Ill. High Court

    An Illinois man doesn't have to prove a Chinese vitamin manufacturer folded or went bankrupt before he can go after a U.S. distributor to enforce a $9 million default judgment, the Illinois Supreme Court held Thursday.

  • October 18, 2018

    West Va. Jury Awards $1.2M In Pradaxa Blood Thinner Case

    A West Virginia federal jury has awarded $1.25 million to the family of a woman who died while taking Boehringer Ingelheim’s blood thinner Pradaxa, the first time a jury has awarded damages to a consumer alleging injuries from the drug.

  • October 18, 2018

    Crash Victims Ask 8th Circ. To Cut Firm’s Fees In Toyota Row

    The victims of a fatal 2006 crash have urged the Eighth Circuit to uphold a ruling that cut the fee award allotted to one of their representatives, the Padden Law Firm PLLC, arguing that the lower court correctly reduced the award because Padden "did little or no substantive work."

  • October 18, 2018

    $1M In Hotel Damage Wasn't Due To Hurricane, Insurer Says

    Hurricane Irma didn’t cause more than $1 million in damage to part of a Florida hotel, a subsidiary of insurance company MS Amlin said Wednesday, arguing that most of the issues existed long before the September 2017 storm or were the result of shoddy construction work.

  • October 18, 2018

    Eisai Downplayed Drug's 'Homicidal' Side Effects, FDA Says

    An Eisai Inc. sales representative downplayed the potential for epilepsy drug Fycompa to make patients think about killing people and promoted the product for off-label uses, the U.S. Food and Drug Administration said in a disciplinary letter released Wednesday.

  • October 18, 2018

    Short Opinion Doesn’t Merit New Trial, Pa. Justices Say

    A Pennsylvania appeals court has to take another crack at interpreting the record in a construction defect case, the state’s high court ruled Wednesday in a decision that found a laconic lower court ruling didn’t warrant forcing a homeowner and builder back into a new trial.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Fiat Chrysler Slams Drivers' Expert In EcoDiesel MDL

    Fiat Chrysler has urged a California federal judge to reject a bid by consumers to use what the company says is “flawed and unreliable” expert testimony to pursue class certification in multidistrict litigation alleging the company defrauded consumers into buying Jeep and Ram diesel vehicles outfitted with emissions-cheating devices.

  • October 18, 2018

    US Presses High Court Again To End Kids' Climate Suit

    The federal government on Thursday again urged the U.S. Supreme Court to toss a youth lawsuit accusing it of failing to protect future generations from climate change, in a last-ditch effort to stave off a landmark trial that is less than two weeks away.

  • October 18, 2018

    Four Seasons' Win Sticks In Suit Over Shatter-Prone Doors

    A woman who was injured at a Four Seasons hotel by a shower-area glass door that shattered was not prejudiced by her inability to tell a jury about the hotel's alleged safety violations and therefore cannot receive a new trial, an Illinois federal judge ruled on Wednesday.

  • October 17, 2018

    Calif. Firm Accused Of Cornering Landowner Into Bad Deal

    A small California law firm is facing allegations that it tricked a property owner into settling a lawsuit over construction defects for less than it was worth, potentially costing the landowner more than $10 million.

  • October 17, 2018

    Royal Caribbean Can't Escape Suit Over Passenger's Death

    A Florida federal judge ruled Wednesday that Royal Caribbean must face a wrongful death suit over an intoxicated passenger’s fatal fall off a cruise ship, saying it should be up to a jury to decide whether the fall was accidental or intentional.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    GCs Pick 2 Fave Firms For Product Liability Work

    Two law firms are the go-tos for general counsel dealing with product liability litigation, according to a new report that predicts companies will spend more on such cases in 2019.

  • October 17, 2018

    J&J Wants $20M Pa. Mesh Award Axed Over Alleged Time Bar

    A $20.2 million verdict against a Johnson & Johnson unit in a pelvic mesh injury case came under fire on Wednesday as a Pennsylvania appeals court heard arguments that the lawsuit that led to the award had been filed outside of the two-year statute of limitations.

  • October 17, 2018

    Wash. Climate Suit Against Big Oil Stayed Amid Appeal

    A Washington federal judge on Wednesday halted King County, Washington's suit seeking to hold "Big Oil" liable for climate change-related infrastructure damage until the Ninth Circuit rules on an appeal of the dismissal of similar suits lodged by Oakland and San Francisco.

  • October 17, 2018

    Bayer Cholesterol Drug FCA Suit Survives Dismissal Bid

    A Minnesota federal court judge has kept alive a long-running False Claims Act suit alleging that Bayer AG misled the U.S. Department of Defense about the risks of its now-defunct cholesterol drug Baycol, finding that the relator had presented enough evidence to show that she had direct knowledge of the alleged fraud.

  • October 17, 2018

    Bosch Presses Bid To Sink Ford Pickup Truck Emissions Suit

    Auto parts supplier Robert Bosch LLC told a Michigan federal court Tuesday that consumers alleging it helped Ford Motor Co. rig 500,000 heavy-duty trucks to cheat emissions tests cannot try to use a recent California ruling in a Volkswagen case to keep alive their racketeering and fraud claims.

Expert Analysis

  • How New Calif. Law Will Impact Device Cybersecurity

    Laura Stefani

    A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • 6th Circ. Creates Deep Divide Over Reach Of CWA

    Anthony Cavender

    Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • How High Court May Rule On The Bare-Metal Defense

    S. Christopher Collier

    Last week, the U.S. Supreme Court addressed foundational tort principles at oral argument in Air and Liquid Systems Corp. v. Devries, which concerns a defendant's liability under maritime law for products it did not make, sell or distribute. The court’s ruling will doubtless influence lower courts considering other bare-metal challenges, say S. Christopher Collier and Michael Arndt of Hawkins Parnell Thackston & Young LLP. 

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.