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Product Liability

  • October 19, 2018

    Chief Justice Pauses Kids' Climate Suit Ahead Of Trial

    Chief Justice John Roberts issued an administrative stay on Friday in a lawsuit accusing the federal government of failing to protect future generations from climate change, in a move that could delay an Oregon federal trial currently set for Oct. 29.

  • October 19, 2018

    SEC Opens Probe In Honeywell's Asbestos Accounting

    The U.S. Securities and Exchange Commission is investigating Honeywell International Inc.’s accounting of liability for asbestos claims after the company raised its estimate earlier this year by $1.1 billion, the company revealed in its securities filing Friday.

  • October 19, 2018

    Duane Morris Wins $850K Cut Of $3.1M Auto Parts MDL Deal

    Duane Morris LLP on Thursday saw a fee request granted by the Michigan federal judge overseeing multidistrict litigation surrounding an alleged conspiracy to stifle competition in the auto parts industry, scoring just under $850,000 from a $3.1 million deal cut with Robert Bosch GmbH and others.

  • October 19, 2018

    Emerson Electric Can't Shake $14.7M HVAC Injury Verdict

    A Texas appeals court on Thursday affirmed a $14.7 million trial win by an HVAC technician who was seriously injured when an Emerson Electric compressor ignited him with a spray of scalding oil, ruling that the technician’s training did not negate the need for Emerson to issue adequate warnings.

  • October 19, 2018

    Workers Acquitted Of Lying About Fatal Water Slide Accident

    A Kansas jury on Thursday acquitted two water park maintenance workers on charges of lying to investigators looking into the death of a 10-year-old boy on the since-closed world’s tallest water slide at the Schlitterbahn amusement park in Kansas City.

  • October 19, 2018

    FDA Scraps Demands On Clinical Trial Falsity Reports

    The U.S. Food and Drug Administration has abandoned a controversial proposal to force drug and device makers to disclose data manipulation in clinical trials, saying the move isn’t needed to protect patients.

  • October 19, 2018

    Walmart Not Negligent In Aerosol Death, 5th Circ. Says

    The Fifth Circuit won’t revive a mother’s suit accusing Walmart of negligence in her daughter’s inhalant death, finding that the retail giant’s employees had no obligation to stop the increasingly inebriated woman from buying 60 cans of aerosol dust remover in a 27-hour period.

  • October 19, 2018

    Cos. Urge High Court To Review Toxic Tort Class Action

    Four companies have asked the Supreme Court to review the Sixth Circuit’s decision to approve the certification of certain issues for classwide treatment in a group of Dayton, Ohio, residents’ lawsuit accusing the companies of groundwater pollution.

  • October 19, 2018

    'Sulfate-Free' Shampoo Buyers Ask To Settle Row For $2.3M

    A proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC asked a Massachusetts federal judge on Friday to approve their $2.3 million settlement to end claims over allegedly misleading "sulfate-free" labeling on shampoo bottles.

  • October 19, 2018

    Split $6M Burden Evenly In Asbestos Case, Pa. Justices Urged

    The winners of a $6.4 million asbestos verdict are urging the Pennsylvania Supreme Court to find that responsibility for the award could be split evenly among each of the eight liable defendants in the case despite a state law establishing a system of proportional division of damages.

  • October 19, 2018

    Europe Gets All-Clear To Settle Beef Hormone Fight With US

    The European Commission on Friday received permission from Europe's individual member states to negotiate with the U.S. in a bid to resolve a long-running trade dispute over shipments of U.S. beef treated with hormones.

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

  • October 19, 2018

    J&J Unit Agrees To Risperdal Deal Ahead Of Philly Trial

    In advance of a trial that was slated to get underway Monday in Pennsylvania state court, a Johnson & Johnson unit has agreed to settle claims from a Mississippi family who says their son developed breasts after taking the antipsychotic drug Risperdal to treat a conduct disorder.

  • October 19, 2018

    Medical Device Maker Sued Over 'Dangerous' Walking Boot

    DJO Global Inc.'s medical walking boots cause additional injuries by effectively lengthening one leg, giving wearers an uneven gait and throwing their bodies out of alignment, according to a proposed class action filed in California federal court.

  • October 19, 2018

    Asbestos Trusts Facing Heat As DOJ Ramps Up Oversight

    The U.S. Department of Justice has recently taken aggressive steps to augment government oversight and insert itself into the planning process for the asbestos bankruptcy trust system, heeding calls from state attorneys general and corporate America for greater transparency in how trusts are run.

  • 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."

Expert Analysis

  • Costco Settlement Shows CPSC Still Imposing Big Penalties

    Charles Samuels

    Earlier this month, Costco agreed to pay a $3.85 million penalty for an alleged failure to timely report defective trash cans to the U.S. Consumer Product Safety Commission. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • A Closer Look At EPA Inspector General's New Strategic Plan

    Brian Stansbury

    The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

  • 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.