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Product Liability

  • March 21, 2019

    Vt. Can Move Ahead With Opioid Suit Against Purdue Pharma

    Vermont’s attorney general’s office announced Thursday that it will continue its lawsuit against Purdue Pharma for the company’s alleged role in fueling opioid addiction in the Green Mountain State, after a state judge ruled against the OxyContin maker’s bid to kill the case.

  • March 21, 2019

    17 Alleged Misstatements Cut From Dr. Reddy’s Investor Suit

    A New Jersey federal judge told a pension fund on Wednesday that it only has standing to pursue securities claims against Dr. Reddy's for five alleged misstatements it made immediately prior to the fund's purchase of the pharmaceutical company's stock.

  • March 21, 2019

    Plaintiffs Bar Cheers High Court's Pass On Class Cert. Review

    The plaintiffs bar is applauding the U.S. Supreme Court's choice this week to leave intact a Sixth Circuit decision that endorses a little-used path to class certification, a ruling experts say is likely to result in more successful class actions, especially toxic torts, across the country.

  • March 21, 2019

    What To Know About New FDA Commissioner Sharpless

    Career scientist and physician Dr. Norman Sharpless will leave his post as the head of the National Cancer Institute to take over the U.S. Food and Drug Administration when Scott Gottlieb steps down in April. Here’s what you should know about the new interim commissioner.

  • March 21, 2019

    9th Circ. Backs Anheuser-Busch In Suit Over Stolen Recipes

    A former Anheuser-Busch employee cannot escape the brewer’s trade secret suit accusing him of stealing beer recipes and passing them on to class action attorneys looking to sue the company over allegedly watered-down beer, the Ninth Circuit ruled Wednesday.

  • March 21, 2019

    5 Firms To Get $214M In $1.5B Syngenta MDL Corn Settlement

    Five law firms will receive $214 million in fees from the $1.5 billion Syngenta AG tainted corn settlement after a Kansas federal court adopted those same firms' recommendation on how to allocate some of the money.

  • March 21, 2019

    EPA Contractors Can't Dodge Suit Over Gold King Mine Spill

    A New Mexico federal judge has allowed the bulk of claims to proceed against two U.S. Environmental Protection Agency contractors who worked on the Gold King Mine that spilled 3 million gallons of contaminants, saying they must face allegations brought under federal environmental and state tort laws.

  • March 21, 2019

    MillerCoors Sues Bud Light Over Super Bowl 'Corn Syrup' Ad

    MillerCoors is suing rival Anheuser-Busch over a Super Bowl ad for Bud Light that claimed Miller Lite and Coors Light contained corn syrup, calling it false advertising “designed to frighten consumers.”

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Tootsie Roll Escapes Slack-Fill Suit Over Junior Mints Boxes

    Tootsie Roll dodged claims that, while its Junior Mints are chocolate, peppermint and delicious, they’re packaged in deceptively large boxes, when an Illinois federal judge ruled Tuesday that consumers would need to show how the candy they received was worth less than they paid.

  • March 20, 2019

    Honda Buyers Seek Transmissions Cert. After Appeal Win

    Honda buyers who won an appellate fight to revive their class certification row urged a California judge Wednesday to grant class certification on claims that Honda falsely advertised reliable vehicles while selling cars with defective transmissions.

  • March 20, 2019

    J&J Talc Supplier's Ex-Owners Ask For Ch. 11 Shield

    The former owners of bankrupt Johnson & Johnson talc supplier Imerys Talc America Inc. asked a Delaware bankruptcy judge Wednesday to extend to them the protections of the automatic stay granted to the debtor in Chapter 11 cases so a dispute over insurance policy proceeds can be resolved.

  • March 20, 2019

    Monsanto Jury Told $63B Co. Should Pay Up Over Roundup

    Monsanto should pay a California man for failing to warn about its weedkiller Roundup's cancer risks, his attorney told a federal jury during opening statements in the trial's second phase, declining to put a number on punitive damages but noting that Bayer recently acquired Monsanto for $63 billion.

  • March 20, 2019

    Insurers Can Seek Costs From Bridge Collapse Suit Coverage

    A Florida federal court on Tuesday partially dismissed insurers' suit seeking to deny an engineering firm legal defense coverage over the deadly collapse of a pedestrian bridge at Florida International University near Miami, but said they may still seek reimbursement of fees and costs already incurred.

  • March 20, 2019

    Fiat Chrysler Wants Texas Drivers' Faulty Fuel Pump Suit Axed

    Fiat Chrysler asked a Texas federal court Wednesday to slash a proposed class action alleging it sold diesel vehicles with defective fuel injection pumps that weren't compatible with American fuel standards and led to engine failure, saying the drivers' claims are short on facts.

  • March 20, 2019

    Insys Founder's Atty Seeks Mistrial Over Addiction Testimony

    An attorney for Insys Therapeutics founder John Kapoor asked a judge for a mistrial in Boston federal court Wednesday, saying a witness should not have been allowed to testify about how a heavy prescriber of Insys' fentanyl spray was also addicted to opioid painkillers himself.

  • March 20, 2019

    Testosterone Supplement Damaged Pa. Man's Liver, Suit Says

    An herbal supplement promising to boost testosterone instead damaged a Pennsylvania man’s liver so badly he needed a transplant, according to a product liability lawsuit filed Wednesday in state court.

  • March 20, 2019

    New Trial Ordered In Engle Suit Over Widower's Testimony

    A Florida state appeals court reversed and remanded a $16 million wrongful death verdict against two tobacco companies on Wednesday, saying the surviving spouse should not have been allowed to testify about the specifics of his late wife's cancer diagnosis.

  • March 20, 2019

    Sailors' Supreme Court Win Buoys Hopes For Tort Victims

    The U.S. Supreme Court handed a victory to sailors who claim they developed mesothelioma in a decision that potentially broadens the liability of manufacturers of so-called bare metal products to which other companies later added asbestos.

Expert Analysis

  • What's Ahead For Autonomous Vehicle Test Driver Regs

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    After a handful of crashes over the last 18 months, all aspects of autonomous vehicle technology have come under increased scrutiny by regulators and lawmakers. Now test driver qualifications are under the microscope as well, say Eric Tanenblatt and Crawford Schneider of Dentons.

  • Opinion

    After Air Crashes, Prompt Compensation Is The Best Option

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    With Boeing's 737 MAX aircraft grounded worldwide, and investigations underway into two recent crashes, Boeing, the airlines involved and their insurers can choose either to engage in years of unnecessary and costly lawsuits or move quickly to compensate the families of the passengers, says Robert Alpert of the ICALM Group.

  • The Latest On Vapor Intrusion Regs In Calif.

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    Recent and upcoming vapor intrusion policies from California environmental regulators will increase the number of properties investigated, shift the focus to indoor air sampling, and possibly affect real estate transactions, say Catherine Johnson and Dorothy Dickey of Environmental General Counsel LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Illinois Has Raised Liability Risk For Nonmanufacturer Cos.

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    In Cassidy v. China Vitamins, the Illinois Supreme Court overturned previous interpretations of Illinois law that shielded nonmanufacturer defendants in strict product liability cases. Distributors and retailers may now find it useful to take a hard look at the value of their relationships with lawsuit-prone foreign manufacturers, says Symone Shinton of Greenberg Traurig LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.