Product Liability

  • May 22, 2018

    TV Station, Helicopter Co. To Pay $40M To End Crash Suit

    Two men who suffered serious injuries due to a deadly TV news helicopter crash in Seattle in 2014 agreed to a $40 million settlement to resolve their personal injury suits against the TV station, the helicopter operator and the estate of the deceased pilot, their attorneys announced Tuesday.

  • May 22, 2018

    No Asbestos In J&J Talc Mines, SC Mesothelioma Jury Hears

    Johnson & Johnson’s talc mines in Vermont have been shown to be asbestos-free, a mineralogy and geology expert hired by the company told a South Carolina jury on Tuesday hearing the case of an attorney who died at age 30 from mesothelioma allegedly caused by her use of J&J baby powder sold by Rite Aid.

  • May 22, 2018

    Pa. Panel Revives Suit Linking Man's Leukemia To Pesticides

    A Pennsylvania appeals panel Tuesday dealt a blow to companies including Bayer Crop Science and BASF Corp. and revived a wrongful death case filed by the family of a man who administered pesticides on a golf course for 40 years, disagreeing with a lower court that the case’s expert relied too heavily on novel science linking the chemicals to the man’s fatal leukemia.

  • May 22, 2018

    Toyota, Customer Dismiss 4th Circ. Melting-Dashboard Appeal

    The Fourth Circuit assented Tuesday to Toyota's and a customer's joint dismissal of claims that some Toyotas' dashboards melted or degraded from sun exposure, in an appeal that was to center around the denial of Toyota's wish to arbitrate.

  • May 22, 2018

    Ex-Insys Execs Rail Against 'Inflammatory' RICO Indictment

    Former executives at Insys Therapeutics Inc. blasted “inflammatory” drug-enterprise charges against them on Monday in a bid to dismiss a lengthy indictment claiming they bribed doctors to prescribe the company’s expensive fentanyl spray, calling the allegations “ugly insinuations about lawful business practices.”

  • May 22, 2018

    House Sends 'Right To Try' Treatments Bill To Trump

    The House of Representatives sent a bill to President Donald Trump on Tuesday that would greatly increase the “right to try” experimental treatments under current U.S. Food and Drug Administration rules, which backers claim would help bring hope to otherwise terminally ill patients.

  • May 22, 2018

    Okla. Judge Greenlights Class Action In Fracking Quake Suit

    An Oklahoma state judge on Friday certified a class action accusing an oil and gas company of contributing to earthquakes near a city in the state through its use of hydraulic fracturing wastewater disposal wells, one of several suits lodged against drillers over links between fracking and increased earthquake activity in the state.

  • May 22, 2018

    Workers Hurt In Texas Plant Blast Sue For Over $1M

    Five workers who were injured during a recent explosion and subsequent fire at a Houston-area chemical plant have filed a lawsuit against Kuraray America Inc. in Texas for more than $1 million in damages.

  • May 22, 2018

    Chemicals Maker Inks $3.4M Upgrades, Penalty Deal With EPA

    A Georgia-based specialty chemicals manufacturer has agreed to spend roughly $3 million upgrading its facilities and to pay a $400,000 civil penalty to settle the U.S. Environmental Protection Agency’s claims that it flouted the Clean Air Act in connection to a 2012 explosion, the federal government announced Tuesday.

  • May 22, 2018

    GSK Gets Generic Suits Tossed From Zofran MDL

    Three women who took a generic version of a nausea treatment developed by GlaxoSmithKline LLC can’t sue the branded drugmaker for injuries allegedly caused by a generic product, a Massachusetts federal judge said Monday when dismissing their allegations from multidistrict litigation.

  • May 22, 2018

    FDA Warning Wire: Rodent Feces At Mass. Candy Plant

    The U.S. Food and Drug Administration was sour on rodent feces found at a historic Massachusetts candy maker, issued slap-downs on kratom distributors and blasted companies that claimed that their dietary supplements could protect skin from the sun.

  • May 22, 2018

    Olin, Insurer Ask Rakoff To Explain Ruling On $130M Award

    Lamorak Insurance Co. and Olin Corp. are haggling over the meaning of a ruling last month that directed the insurer to pay the chemical producer $130 million to cover clean-up costs at contaminated sites, with both parties asking the court what exactly it meant by “final order.”

  • May 22, 2018

    Sanofi Must Divulge Docs In FCA Fight Over Cancer Drug

    A Pennsylvania federal judge has ordered Sanofi to hand over hundreds of documents, including any warnings that food and drug regulators may have issued, said to pertain to a suit alleging it marketed off-label uses of a cancer drug. 

  • May 22, 2018

    Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

    The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million.

  • May 21, 2018

    Deal In CVS False Ad Suit Shouldn't Get OK, Judge Says

    A New York magistrate judge on Monday recommended against approving a settlement in a proposed false-advertising class action over a CVS Pharmacy Inc. algae supplement labeled as "clinically proven" to boost memory, pointing to the lead plaintiff’s close ties with his attorney.

  • May 21, 2018

    Judge OKs Samsung Washer Deal, Scolds Squire Patton Atty

    A New Jersey federal judge said Monday that an oral settlement agreement reached in June in two proposed class actions over allegedly defective Samsung washers should be enforced, while scolding a Squire Patton Boggs LLP attorney for staying mum about multidistrict litigation also about the company's washers.

  • May 21, 2018

    Samsung Can't Force Galaxy S3 Arb With Hidden Agreement

    A Pennsylvania federal judge said Monday that Samsung can’t dismiss or force into arbitration a proposed class action seeking damages after a consumer's Galaxy S3 phone allegedly overheated and caused a fire, determining that the company had essentially hidden its arbitration agreement in a 64-page informational booklet.

  • May 21, 2018

    Chinese Drywall MDL Cases March Toward La. Trial

    A Louisiana federal judge overseeing the multidistrict litigation over allegedly defective Chinese drywall products has ordered cases covering nearly 1,000 affected properties in the state to move forward to trial in an effort to begin wrapping up the decade-long legal battle.

  • May 21, 2018

    Dentons Nabs Selman Breitman's Product Liability Partner

    Dentons has hired a Selman Breitman LLP partner with more than 20 years of experience representing building contractors and developers in disputes arising out of alleged exposure to asbestos and other toxic substances, according to the firm.

  • May 21, 2018

    Justices Turn Away Solvay FCA Off-Label Marketing Case

    The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.

Expert Analysis

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • 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.