We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • July 17, 2018

    EPA Official Tried To 'Kill' Pesticide Study, Monsanto Jury Told

    A California jury heard testimony Tuesday that a U.S. Environmental Protection Agency official tried to interfere with a federal study on the carcinogenicity of the main ingredient in Roundup, allegedly telling a Monsanto regulatory affairs manager, “if I can kill this, I deserve a medal.”

  • July 17, 2018

    Shopper Seeks Class Cert. In Kroger Listeria Suit

    A consumer asked a California federal judge Monday to certify a proposed class of state residents who bought Kroger-brand frozen produce products containing peas that were recalled due to a listeria outbreak, saying the shoppers meet all of the certification requirements.

  • July 17, 2018

    Product Liability Cases To Watch: Midyear Report

    The tsunami of litigation over the nation's deadly opioid crisis will continue to keep attorneys riveted as the parties work toward trial dates next year. And after a string of losses for patients who claim that Bayer failed to warn of its blood thinner Xarelto's bleeding risks, attorneys are looking to see if they can find a winning argument. Here are the product liability cases attorneys will be keeping an eye on for the rest of 2018.

  • July 17, 2018

    Cereal Cos. Don’t Have To Post Cancer Warning, Panel Says

    General Mills, Post and Kellogg breathed a collective sigh of relief Monday, after a California appeals court reversed a decision that would have forced the food giants to slap cancer warnings on Frosted Flakes, Fruity Pebbles and nearly 60 other brands of cereal.

  • July 17, 2018

    FDA Warning Wire: 4 Splashy New Smackdowns

    The U.S. Food and Drug Administration's latest round of drugmaker discipline contains eye-catching rebukes of big-name companies and fresh signs of life from the agency's promotion police. Here are four new smackdowns that made a splash.

  • July 17, 2018

    Buyers Slam German Auto Cos.' Bid To Dodge Antitrust MDL

    U.S. auto dealers and consumers told a California federal judge Monday that Audi, Volkswagen, Mercedes-Benz, BMW and Porsche cannot dodge multidistrict litigation alleging they engaged in an antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying there’s substantial evidence of the decadeslong scheme.

  • July 17, 2018

    Fla. Jury Awards $3M In Punitive Damages In Smoking Death

    Philip Morris and R.J. Reynolds were hit with a total of almost $3 million in punitive damages on Monday in the case of a deceased Florida woman who had smoked for decades, including at work in medical settings, bringing the total award in the case to over $5 million.

  • July 17, 2018

    RICO Indictment Against Ex-Insys Execs Perplexes Judge

    A Massachusetts federal judge on Tuesday appeared befuddled by the government's Racketeer Influenced and Corrupt Organizations Act indictment charging former Insys Therapeutics Inc. executives with multiple schemes to bribe doctors to prescribe the company's pricey fentanyl spray, saying the allegations are confusing and fail to establish a common link in the alleged conspiracy.

  • July 16, 2018

    NHL Gains Upper Hand In Concussion Litigation

    A Minnesota federal judge on Friday blocked former National Hockey League players from bringing as a class action claims that the league ignored scientific evidence that head trauma in sports can cause long-term brain diseases, dealing a major blow to the players and potentially to other athletes bringing similar claims against their former leagues.

  • July 16, 2018

    Chem Co. Liable For Pa. Site's Prior Pollution, 3rd Circ. Told

    The Pennsylvania Department of Environmental Protection urged the Third Circuit Monday to order a chemical company to pay $900,000 in cleanup costs for a contaminated site it acquired southwest of Philadelphia, arguing that a district court’s refusal to hold the company liable under federal law posed severe consequences for both taxpayers and natural resources.

  • July 16, 2018

    Hair Care Product Maker Sued Over 'Nightmare' Side Effects

    A Michigan woman accused Florida-based hair care product manufacturer Monat Global Corp. of knowingly failing to disclose potentially harmful side effects of its “naturally based” products, including scalp irritation and hair loss, in a putative class action filed Friday in Miami.

  • July 16, 2018

    4th Circ. Axes Va. Buyers' Hyundai False Ad Suits

    The Fourth Circuit snuffed out two proposed class actions from Virginia consumers alleging Hyundai Motor America Inc. misrepresented the fuel economy of its Hyundai Elantra cars, saying the consumers already missed their chance to plead facts to back up their allegations.

  • July 16, 2018

    McDonald's Sued Over Contaminated Salads In The Midwest

    McDonald’s Corp. got hit Monday in Illinois county court with a product liability suit claiming the hamburger chain was negligent when it sold defective salads containing a microscopic parasite responsible for intestinal infections, even though the company voluntarily stopped selling the salads after state and federal officials launched an investigation.

  • July 16, 2018

    Enviros' Challenge Of NM Nuke Site Cleanup Deal Tossed

    A New Mexico federal judge has said a nuclear watchdog’s lawsuit over hazardous waste cleanup at Los Alamos National Laboratory is largely mooted by a 2016 cleanup deal brokered by state and federal regulators, but added the group could still pursue penalties over violations of a previous agreement.

  • July 16, 2018

    Del. Justices Reverse $13.7M Travelers Coverage Judgment

    Delaware's Supreme Court on Monday reversed a state lower court decision that saddled Travelers Indemnity Co. with a $13.7 million asbestos exposure coverage judgment, ruling that judgment should have gone in Travelers’ favor based on a similar appellate case last year.

  • July 16, 2018

    FCA, Bosch Want RICO Claims Axed In Emissions MDL

    Fiat Chrysler and Bosch asked a California federal court Friday to dismiss claims brought under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over alleged evasion of emissions testing, saying the purported misconduct harmed regulators rather than the drivers making the claims.

  • July 16, 2018

    Weather Forecast Co. Fending Off Suit Over Sunken Ship

    A Florida federal judge on Monday gave insurers one more shot at amending their suit accusing weather forecasting system provider StormGeo Corp. of being liable for the 2015 sinking of the cargo ship El Faro, which left its 33 crew members dead and all the vessel's cargo destroyed.

  • July 16, 2018

    6th Circ. OKs Pollution Class Action, Paving Way For Others

    A group of Dayton, Ohio, residents suing four companies for groundwater pollution got the green light from the Sixth Circuit on Monday to continue their lawsuit as a class action, a ruling that generally opens the door for easier approval of class claims in the circuit.

  • July 16, 2018

    Apt.'s Bad Faith Claims Fail In $28M Poisoning Coverage Suit

    Two insurers don’t have to cough up bad faith damages or attorneys' fees despite dragging their feet for nearly two years before launching an ultimately unsuccessful bid to back out of a case that led to a $28.5 million award against an apartment complex’s owner and manager.

  • July 16, 2018

    Ford Agrees To $300M Deal To Exit Takata Air Bag MDL

    Ford Motor Co. on Monday agreed to a $299.1 million deal that allows the company to exit multidistrict litigation over defective Takata Corp. air bags and accelerates the removal of dangerous air bag inflators from 6 million affected vehicles.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 1

    Kirk Hartley

    Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Get Ready For Digital Health Product Liability Cases

    Raymond Williams

    As we experience more collaborations among digital health startups, app software designers, artificial intelligence firms and drug and medical device companies, manufacturers should be cognizant that digital health products may require a more nuanced approach to product liability law, say Raymond Williams and Jae Kim of DLA Piper.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.