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Product Liability

  • January 23, 2019

    Pharma Co. Can't Sue FDA Over Rival's Opioid Approval

    A Pennsylvania federal judge has dismissed Pharmaceutical Manufacturing Research Services Inc.'s suit against the FDA over its approval of Inspirion Delivery Sciences LLC's abuse-deterrent opioid, RoxyBond, finding PMRS doesn't have standing because it doesn't currently have a competing drug.

  • January 22, 2019

    Reynolds Settles With Smoker's Widower After $2M Verdict

    RJ Reynolds and a smoker’s widower reached a settlement Tuesday in the middle of a punitive damages portion of a Florida trial, just one business day after the jury found Reynolds responsible for the smoker's fatal lung cancer and awarded the widower $2 million compensatory damages.

  • January 22, 2019

    Insurer Used Financial Scare Tactics To Get Ahead: Contractor

    Federal Insurance Co. improperly applied financial pressure against a law firm in an attempt to gain the upper hand in a lawsuit over its duty to defend a boilermaker in a dispute involving the construction of a municipal water treatment system, the contractor said Monday in Oklahoma federal court.

  • January 22, 2019

    Archer Daniels Escapes Bulk Of Deadly Horse Feed Suit

    Archer Daniels Midland Co. on Tuesday dodged much of a proposed class action brought by two horse owners who alleged contaminated feed products harmed their animals, when an Illinois federal judge said most of the owners' claims don't have a legal foundation.

  • January 22, 2019

    Scientist Calls Studies Touted By J&J 'Dubious' At Talc Trial

    An environmental health scientist pushed back Tuesday against Johnson & Johnson’s claims that multiple studies have shown no signs of asbestos in the talcum powder J&J used to make baby powder for decades, telling a California jury the FDA’s test methods in the 1970s were "dubious,” and others, inadequate.

  • January 22, 2019

    Valeant Copycat Drug Row Can Stay In Calif., Judge Rules

    A unit of Valeant Pharmaceuticals can keep its false drug marketing claims against a subsidiary of rival Virtus Pharmaceuticals in California federal court, a judge has ruled, finding the dispute didn’t have to go through the U.S. Food and Drug Administration first.

  • January 22, 2019

    Rakoff Tosses Suit Against L'Oreal, Cites Risk Of 'Ambush'

    U.S. District Judge Jed Rakoff on Tuesday dismissed a class action accusing L'Oreal of deceptively marketing a black women’s hair relaxer as scalp-protecting but that instead caused burns and hair loss, blasting a tardy damages report as inadequate and "trial by ambush."

  • January 22, 2019

    Jury Says Chemical Co. Owes $2.4M For Fatal Mesothelioma

    A New Jersey jury on Tuesday found that asbestos made and sold by Union Carbide Corp. was responsible for a manufacturing plant worker’s fatal mesothelioma, awarding $2.38 million in compensatory damages in advance of deciding whether to impose punitive damages.

  • January 22, 2019

    9th Circ. Denies Nonclass Attys Cut Of Fees In $10B VW Deal

    Lawyers claiming their work helped secure the $10 billion settlement in multidistrict litigation from consumers over Volkswagen AG's diesel-emissions scandal cannot get a cut of attorneys' fees and costs because their contributions weren't substantial in reaching the ultimate deal, the Ninth Circuit said Tuesday.

  • January 22, 2019

    Ex-NFL Player's Estate Slams Recommended Fee To Podhurst

    The estate of deceased former NFL fullback Kevin Turner, who took a lead role in concussion litigation against the league, pushed a Pennsylvania federal judge Tuesday to throw out a recommendation that its former counsel with Podhurst Orseck PA receive $775,000 for working on Turner’s behalf.

  • January 22, 2019

    J&J To Pay States $120M For False Hip Implant Promos

    A Johnson & Johnson unit will pay $120 million to end a wide-ranging investigation into whether it misled customers about the longevity and efficacy of its hip replacement devices, attorneys general in New York and Texas announced Tuesday.

  • January 22, 2019

    Iraq Veteran Says 3M Earplugs Caused Hearing Loss

    A former U.S. Army soldier who served in Iraq told a Texas federal court on Tuesday that hearing loss was the price he paid for wearing the same kind of earplugs that cost the 3M Company $9.1 million to settle a government lawsuit regarding their effectiveness.

  • January 22, 2019

    Maremont Opens $75M Del. Ch. 11, Plans Asbestos Trust

    Onetime automotive and brake parts supplier Maremont Corp. opened a more than $75 million prepackaged Chapter 11 in Delaware early Tuesday, aiming to fold most of its remaining assets into an injury claims trust.

  • January 22, 2019

    Allura Siding Not All It's Cracked Up To Be, Suit Claims

    A proposed class action filed in Boston federal court Tuesday alleges that the fiber cement siding made by Allura USA has an "inherent defect" that causes it to fail, marking the latest in a string of similar complaints against the company.

  • January 22, 2019

    Ford Seeks Toss Of 'Ticking Time Bomb' Truck Defect Suit

    Ford Motor Co. has filed a motion to dismiss a putative class action by drivers in California federal court on grounds that the suit failed to specify injury or detail how the automaker misled consumers about an allegedly faulty engine that was a "ticking time bomb."

  • January 22, 2019

    Fiat Chrysler's Liability 'Undisputed' In Fraud Suit: Investors

    Investors in Fiat Chrysler Automobiles have told a New York federal judge that the automaker's liability for stock drops tied to alleged misstatements about its compliance with safety and emissions regulations is "undisputed" and should carry their suit through the summary judgment phase.

  • January 22, 2019

    8 Promo Pitfalls Pharma Compliance Chiefs Need To Know

    The U.S. Food and Drug Administration's increasingly docile enforcement posture toward pharmaceutical advertisements may be emboldening drugmakers to take promotional liberties, a potentially perilous move despite the laid-back oversight. Here, experts share eight promotional pitfalls that pharma compliance officers need to know in today's enforcement environment.

  • January 22, 2019

    FDA Releases Guidance On Clearing New Medical Devices

    The U.S. Food and Drug Administration on Tuesday released final guidance outlining an updated pathway for bringing medical devices to market that uses objective performance criteria to show that the devices are safe and effective.

  • January 22, 2019

    PG&E Secures $5.5 Billion In DIP Financing For Ch. 11

    Pacific Gas & Electric Co. told the U.S. Securities and Exchange Commission on Tuesday that it has secured $5.5 billion in debtor-in-possession financing to keep it operating through what it expects to be two years in Chapter 11.

  • January 22, 2019

    Ford Wins NJ High Court Review Of Asbestos Liability Ruling

    Ford Motor Co. and other businesses have convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the parts.

Expert Analysis

  • Navigating The Many Risks Of PFAS In M&A Transactions

    Sam Dykstra

    The significant attention being paid to poly- and perfluoroalkyl substances by the public and some government regulators is continuing into 2019. Their presence can pose environmental and health risks that need to be subject to careful diligence in potential M&A deals, say Sam Dykstra and Donna Mussio of Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Virginia Is Latest State To Find Employer 'Take Home' Duty

    David Barger

    In Quisenberry v. Huntington Ingalls, the Virginia Supreme Court recently held that an employer owed a duty of care to an employee's family member who handled the employee’s asbestos-laden work clothes. The impact of this decision will extend well beyond the claims at issue, say attorneys with Greenberg Traurig LLP.

  • Automated Vehicles In 2019: Predictions And Suggestions

    Melody Drummond Hansen

    As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.