Product Liability

  • May 18, 2018

    Tribes Insist On Being Heard In Noisy Opioid MDL

    Native American tribes appear to have a receptive ear in the Ohio federal judge heading up the king-sized multidistrict litigation over the opioid epidemic, but it remains to be seen whether their unique concerns will be drowned out by other parties clamoring for a cut of what could be a massive potential settlement.

  • May 18, 2018

    DEA Drops Enforcement Order Against Opioid Distributor

    The U.S. Drug Enforcement Administration on Friday took the rare step of rescinding a suspension order against a Louisiana-based pharmaceutical distributor it had accused of missing suspicious opioid orders, after the company told a Louisiana federal court that the agency relied on shaky methodology.

  • May 18, 2018

    3rd Circ. Won’t Rethink Cert. Denial In Owens Corning Suit

    The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.

  • May 18, 2018

    9th Circ. Revives Vitamin E Labeling Row Over Heart Claims

    The Ninth Circuit resurrected a proposed class action alleging that the heart health claims on Pharmavite LLC’s vitamin E supplements are misleading, saying under California law, individual class members don't have to show they relied on the allegedly misleading statements.

  • May 18, 2018

    BMW Seeks Toss Of German Auto Antitrust MDL

    BMW asked a California federal court Thursday to reject multidistrict litigation claiming it participated in a decadeslong antitrust conspiracy with fellow German automakers Audi, Volkswagen, Mercedes-Benz and others on car technology, costs, suppliers and emissions equipment, saying the buyers’ ill-defined antitrust injuries and illogical claims do not hold up.

  • May 18, 2018

    Class Cert. Denied In Herbicide False-Advertising Suit

    A California federal judge refused Thursday to certify a class of consumers on false-advertising claims about how much herbicide could be made from bottles of concentrate, saying the lead plaintiff’s own personal claims put him outside the class.

  • May 18, 2018

    Nissan Must Face 5-State Shattering-Sunroof Suit

    A California federal judge on Thursday rejected an effort by Nissan North America Inc. to partly dismiss a suit that accuses the automaker of violating five states’ consumer protection laws by selling vehicles with defective panoramic sunroofs, saying the latest version of the suit passes muster under the laws of Illinois, California and Colorado.

  • May 18, 2018

    Mass. City Says 3M Foam Contamination Suit Should Proceed

    A western Massachusetts city told a federal judge on Friday its lawsuit claiming that a fire suppression foam manufactured by chemical companies including 3M Co., Chemguard Inc. and Tyco Fire Products LP contaminated its water supply should go forward, saying the companies' claims that the suit is improper don't hold up.

  • May 17, 2018

    10th Circ. Caps Ski Resort Project Insurer's Liability At $5M

    The Tenth Circuit ruled Thursday that National Union Fire Insurance Co. of Pittsburgh's liability for defects on Intrawest's dozens of ski resort condo construction projects was limited to $5 million total, leaving excess insurer Federal on the hook for the $8 million-plus it shelled out on Intrawest's behalf in two suits.

  • May 17, 2018

    FDA Shames Anti-Generic Tactics, Putting Onus On Congress

    The U.S. Food and Drug Administration on Thursday named and shamed drugmakers suspected of impeding lower-cost generics by withholding product samples, a splashy move that could jolt Congress into taking action.

  • May 17, 2018

    Hawaii, NM Reach $7M Settlement Over Takata Air Bags

    Hawaii on Wednesday said that it had reached a $7 million settlement, shared with the state of New Mexico and the U.S. Virgin Islands, with Takata over claims over the now-bankrupt Japanese company's sales of potentially fatal air bags.

  • May 17, 2018

    EPA Floats Rollback Of Obama-Era Chemical Safety Regs

    The U.S. Environmental Protection Agency on Thursday proposed rollbacks of several key provisions of an Obama-era chemical risk management rule as it fights a legal battle with environmental groups and a steelworkers' union over a delay of the rule to mull reconsideration bids from industry groups and several states.

  • May 17, 2018

    Nestle Sinks Class Action Claims Over Poland Spring Water

    Nestle Waters North America Inc. defeated four class action lawsuits alleging its Poland Spring water is a "colossal fraud" on Thursday, after a Connecticut federal judge ruled that the Food, Drug and Cosmetic Act only allows the federal government to enforce its violations.

  • May 17, 2018

    Honest Co.'s Organic Formula Not Up To Calif. Par, Org Says

    The Organic Consumers Association urged a California appeals court on Thursday to revive its suit accusing Jessica Alba-founded The Honest Company of falsely claiming that its baby formula is organic, arguing that the federally certified formula doesn't meet California's higher standards for organic products.

  • May 17, 2018

    NL Industries To Pay $60M To End Calif. Lead Paint Suit

    After nearly two decades, a slew of California cities and counties have accepted a $60.2 million deal from NL Industries Inc. to end lead paint allegations in California state court and fund remediation of lead paint in homes, the San Francisco city attorney announced Wednesday.

  • May 17, 2018

    Apple Slims Exercise Headphone Class Action Claims

    A California federal judge on Wednesday trimmed a proposed class action claiming Apple Inc.'s Powerbeats headphones fail to hold a charge when a user is sweating, nixing a negligence claim altogether while keeping alive other claims that the company lied about the products’ durability.

  • May 17, 2018

    SQM Again Beats Calif. City's $30M Tainted Water Suit At Trial

    A California federal jury on Thursday rejected the city of Pomona's claim that mining company SQM's North American unit owes it $30 million to remedy groundwater contaminated by perchlorate allegedly originating from SQM fertilizer, handing SQM a second victory after the Ninth Circuit vacated a prior trial win.

  • May 17, 2018

    VW Gets Claims Trimmed In Defective Sunroof Class Action

    A California federal judge on Thursday tossed most of the claims in a Volkswagen driver's proposed class action accusing the carmaker of selling vehicles with sunroofs that might "spontaneously shatter," saying an amendment would be necessary to revive state consumer protection and fraud claims.

  • May 17, 2018

    BMW Soft-Close Doors Are A 'Guillotine,' NY Couple Says

    A New York couple accused BMW in federal court of selling vehicles with soft-closing automatic doors that are “modern day guillotines” without a basic sensor to keep them from closing on body parts, saying the automaker knows of the dangers associated with the technology but continues to market it.

  • May 17, 2018

    FDA Asks More E-Cig Makers About Kids' Use

    The U.S. Food and Drug Administration on Thursday asked four e-cigarette companies for information on the youth appeal of their products, following a similar request made to Juul last month, saying that too many kids are experimenting with e-cigarettes.

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Keys To FDA Advisory Panel Prep For Device Makers

    How Device Cos. Should Prep For FDA Advisory Panels

    Receiving U.S. Food and Drug Administration approval is critical for any medical device company looking to bring new products to market. Only a handful of premarket approval applications and de novo reclassifications brave the advisory panel process each year. Gerry Prud’homme and Kristin Zielinski Duggan of Hogan Lovells offer six key points for companies preparing for an advisory panel meeting.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.