Product Liability

  • September 14, 2019

    Opioid MDL Judge Deserves DQ For Bias, Distributors Say

    Drug distributors and pharmacies on Saturday launched a bold attack on the Ohio federal judge supervising multidistrict opioid litigation, accusing him of appearing deeply biased against them and deserving of disqualification.

  • September 13, 2019

    Ford's Transmission Deal Needs Closer Look: Split 9th Circ.

    A split Ninth Circuit vacated Ford Motor Co.'s settlement with a class of Ford Fiesta and Focus owners who say their transmissions are defective, finding Friday that the district court was not skeptical enough of the estimated $35 million value placed on the deal by the class counsel's expert.

  • September 13, 2019

    VW, Bosch To Face Opt-Outs In 'Clean Diesel' Bellwether Trials

    A bellwether trial for vehicle owners who opted out of a $10 billion settlement in multidistrict litigation over Volkswagen’s “clean diesel” emissions scandal will be held in February 2020 followed by another of an alleged co-conspirator, auto-parts supplier Robert Bosch GmbH, a California federal judge said Friday.

  • September 13, 2019

    Jones Day Attys 'Very Much Regret' Grand Jury Redaction Slip

    Jones Day on Friday expressed remorse for exposing details about grand jury proceedings in a criminal case alleging fraudulent opioid marketing, telling a Virginia federal judge that a software oversight allowed a reporter to peek behind faulty redactions in a court filing.

  • September 13, 2019

    Cos. Reach $9.5M Deal For Selling Non-FDA Cleared Devices

    A pair of medical device companies have agreed to a $9.5 million settlement with the federal government to resolve claims that they make and sell medical devices that were not cleared by the U.S. Food and Drug Administration, the U.S. Department of Justice announced Friday.

  • September 13, 2019

    Coffee Co. Can't Pick Apart Its $25M False Ad Settlement

    An Illinois federal judge has denied objections by Sturm Foods to how proceeds will be divided from the $25 million it agreed to pay to settle class claims it falsely marketed single-serve coffee pods and told the parties to submit a proposed deal by month's end.

  • September 13, 2019

    Pret A Manger Looks To End $5M Suit Over 'Natural' Label

    Pret A Manger has again asked a New York federal court to toss a $5 million proposed class action that claims the sandwich chain's "natural" label is misleading because its products contain GMOs, saying its customers know that no processed food is completely free of synthetic ingredients.

  • September 13, 2019

    Philip Morris Must Fork Over $20M Payout, Judge Says

    A Florida federal judge on Friday told Philip Morris USA Inc. to finally pay up on a $20 million verdict against it won by a now-deceased former smoker, saying its “scattershot arguments” for a new trial are nothing but a delay tactic.

  • September 13, 2019

    PG&E, Insurers Cut $11B Deal Over Calif. Wildfires

    A group of insurance companies with claims against Pacific Gas and Electric for payouts they made to victims of California's 2017 and 2018 wildfires announced Friday that it has agreed to settle with the bankrupt utility for $11 billion.

  • September 13, 2019

    3rd Circ. Partly Revives Sapa's Faulty Window Coverage Bid

    The Third Circuit on Friday gave aluminum products manufacturer Sapa Extrusions Inc. another shot at pursuing coverage under nine liability insurance policies for its costs to defend and settle litigation over its sale of millions of faulty window components, while affirming that Sapa cannot tap into coverage under 19 other policies.

  • September 13, 2019

    Purdue's Sacklers Shifted $1B Amid Opioid Fight, NY AG Says

    The New York Attorney General's Office said Friday it has uncovered roughly $1 billion in wire transfers by the Sackler family, owners of Purdue Pharma, that appear to be an attempt by the family to shield part of its fortune as it defended itself against a myriad of lawsuits alleging it fueled the opioid crisis.

  • September 13, 2019

    J&J Trims Claims From Colo. Man's Hernia Mesh Suit

    Johnson & Johnson and its Ethicon unit escaped warranty and consumer protection claims brought by a Colorado resident alleging he was injured by a hernia mesh implant, a New Jersey federal judge has ruled.

  • September 13, 2019

    Meet The Attys Leading The Opioid MDL 'Negotiation Class'

    A team of six top attorneys will now be representing a novel “negotiation class" on behalf of cities and counties in the opioid multidistrict litigation with the hopes of hammering out a global settlement with opioid manufacturers and distributors accused of fueling the devastating epidemic. Here are the six negotiators and some of their biggest cases and notable achievements.

  • September 13, 2019

    Canada Fights China's Canola Import Curbs At WTO

    Canada has lodged a World Trade Organization legal challenge against China, alleging in a document circulated Thursday that Beijing has blocked imports of Canadian canola seed using food safety restrictions that are not in line with international standards.

  • September 12, 2019

    Avco Faces New Trial In Plane Crash With $28M Verdict

    A unit of aerospace giant Avco could be on the hook for a $28 million verdict in a single-engine plane crash after the Minnesota Supreme Court ruled Wednesday that an accident investigator’s expert testimony was wrongly tossed after trial.

  • September 12, 2019

    $10M Award In J&J, Colgate Talc Trial Must Go, Judge Told

    Johnson & Johnson urged a California judge Thursday to vacate a now-deceased woman’s $10 million noneconomic damages award after a jury found that Colgate-Palmotive, Avon and J&J’s talcum powder products likely contributed to her cancer, arguing that the companies can’t be held jointly liable for the damages.

  • September 12, 2019

    Purdue Bankruptcy May Leave State AGs Out In The Cold

    Purdue Pharma LP's landmark deal to end thousands of opioid suits notably excludes dozens of states that may now have no other recourse than to sue the company's owners, the Sackler family. But if Purdue goes through with a planned bankruptcy filing, these states will find it difficult to recoup anything more than the Sacklers have already agreed to pay.

  • September 12, 2019

    Pradaxa User's $542K Jury Win Upheld, Despite 'Close Call'

    A Connecticut judge on Wednesday rejected Boehringer Ingelheim Pharmaceuticals' bid to escape its first loss in several bellwether trials over its blood thinner Pradaxa, saying that despite it being "a close call," there was sufficient evidence that additional warnings would have made a difference to a man who suffered internal bleeding on the drug.

  • September 12, 2019

    200 Affected In Gold King Spill May Get To Jump Line In MDL

    Individual plaintiffs from New Mexico who have waited years to bring their damages claims against polluters in multidistrict litigation over Colorado's Gold King Mine spill may get their shot at a trial in August 2021, according to a recommendation filed Wednesday.

  • September 12, 2019

    CBD Cos. Fall Short On Testing And Labeling, Watchdog Says

    Nearly half the 40 cannabidiol companies surveyed by the nonprofit Center for Food Safety received failing or near-failing grades for contaminant testing and labeling, a finding that the watchdog group says underscores the lax oversight of the rapidly growing industry.

  • September 12, 2019

    Class Cert. Scrubbed In Colgate ‘Natural’ False Ad Suit

    A New York federal judge on Thursday denied class certification to buyers of Colgate-Palmolive Co.'s deodorants and toothpastes, saying they failed to account for how differences in state law would affect their proposed nationwide class.

  • September 12, 2019

    Sick Child, Elderly Woman Fight For Expedited Roundup Trials

    The parents of a 13-year-old girl with non-Hodgkin lymphoma and an 87-year-old woman urged a California judge Thursday to expedite trials over their separate claims that Monsanto's popular Roundup weedkiller caused their cancers, with the girl's parents asking for a Jan. 15 trial date.

  • September 12, 2019

    Insurer Can't Seek Product Liability Deal Repayment In Wis.

    Lexington Insurance Co. can’t sue two Taiwanese insurance companies in Wisconsin seeking their reimbursement of a payout in the settlement of a product liability suit against a bicycle company because the court doesn’t have jurisdiction over them, the Seventh Circuit affirmed Thursday.

  • September 12, 2019

    Porn Studio Asks 9th Circ. To Revive HIV Suit Coverage Bid

    The owner of a California pornography studio on Wednesday urged the Ninth Circuit to find that Atain Specialty Insurance Co. is required to fund its defense of lawsuits brought by performers who allegedly contracted HIV on the job, saying a lower court improperly applied a policy exclusion for sexual abuse claims. 

  • September 12, 2019

    One Insurer Settles With NFL In Concussion Coverage Dispute

    The NFL has settled with one insurer in a sprawling lawsuit in New York state court over who will pay for the concussion litigation that led to a landmark 2015 settlement expected to pay out more than $1 billion to retired players.

Expert Analysis

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Calif. Utility Regulator Focusing On Companies' Safety Culture

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    The California Public Utilities Commission's recent investigations of Southern California Gas and Pacific Gas & Electric show a shift from reactive, incident-specific regulatory enforcement to a focus on utilities' corporate safety culture in connection with potential misconduct, say Tara Kaushik and Kevin Ashe of Holland & Knight.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Aviation Watch: Assessing Pilot And Airline Fault In Crashes

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    While much discussion of the Ethiopian Airlines and Lion Air Boeing 737 Max crashes has focused on the planes' technology, the competence of the airlines and flight crews involved is also under scrutiny — raising questions about how far manufacturers must go in assessing the capabilities of pilots and operators, says Alan Hoffman, a retired attorney and private pilot.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • State Law Issues The Court Missed In Cancer Drug Trial Case

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    In Spedale v. Constellation Pharmaceuticals, an Arizona federal court recently ruled on whether a clinical drug trial's sponsor breached a duty to the plaintiff by failing to obtain informed consent. Surprisingly, the court did not consider essential questions about the plaintiff's claims under Arizona law, says Eric Alexander of Reed Smith.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Risks To Avoid When Conducting Virtual Clinical Trials

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    As pharmaceutical and medical device companies rapidly integrate virtual clinical trials into their research and development of new products, clinical investigators and corporate counsel must avoid data breaches, transmission errors and other missteps that may trigger novel plaintiffs' theories of recovery, say Kim Schmid and Sheryl Bjork of Bowman and Brooke.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Opinion

    Maryland Asbestos Mediation Bill Deserved To Fail

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    It is fortunate for both plaintiffs and defendants that a bill that would interfere with Maryland's successful asbestos case management program recently failed in the state's General Assembly — and the legislation should not be revived in a future session, says Vincent Palmiotto of Clyde & Co.

  • Evaluating Section 230 Liability In The Sharing Economy

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    Marketing and economic theories provide an array of theoretical and empirical tools to examine the evidence and assist triers of fact in determining causal issues related to an internet platform’s liability for its users' conduct under Section 230 of the Communications Decency Act, a key question in recent actions against websites, say consultants at Analysis Group and attorneys at Wheeler Trigg.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.

  • Key Questions The Oklahoma Opioid Verdict Didn't Answer

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    Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.