Product Liability

  • February 21, 2018

    Purdue Pharma Triggered Opioid Epidemic, NJ County Says

    A New Jersey county hit OxyContin maker Purdue Pharma and several other opioid manufacturers, distributors and retailers with a suit in state court Wednesday accusing the former of sparking the opioid epidemic with deceptive marketing practices that the others eventually adopted.

  • February 21, 2018

    Finance Cos. Told To Stop Contacting Ex-NFL Players

    The Pennsylvania federal judge overseeing the uncapped concussion settlement on Tuesday ordered a group of related financial firms to stop contacting former National Football League football players following allegations from class counsel that the firms are pressuring players to hand over their retirement accounts.

  • February 21, 2018

    Apple Says Batteries Piling Up In IPhone Slowdown Suits

    Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.

  • February 21, 2018

    Pa. Justices Urged To Deny Appeal Over Risperdal Time-Bar

    A Johnson & Johnson unit on Tuesday urged the Pennsylvania Supreme Court to leave standing a recent decision jeopardizing thousands of pending lawsuits by rolling back the clock on when claims of abnormal breast growth allegedly linked to the antipsychotic drug Risperdal began to expire.

  • February 21, 2018

    Dog Food Maker Must Face Suit Saying Pets Were Sickened

    A proposed class action accusing a dog food maker of falsely advertising its products as safe and made with premium meats was kept alive Tuesday by a Washington federal judge, who noted that although the suit has issues, they can be addressed with additional facts in an amended complaint.

  • February 20, 2018

    Patient Says AbbVie's New Trial Needs To Be On All Claims

    A patient has urged an Illinois federal court to order a new trial on all of his claims rather than maintain its decision to hold a new trial on just one claim in the first bellwether case to reach a verdict in multidistrict litigation over testosterone replacement therapies including AbbVie Inc.’s AndroGel, noting the court determined the jury verdict awarding him $150 million in punitive damages was inconsistent.

  • February 20, 2018

    GM, Bosch Can't Dodge Drivers' Emissions-Cheating Claims

    A Michigan federal judge on Tuesday denied bids by General Motors LLC and Robert Bosch LLC to escape a proposed class action claiming that so-called defeat devices similar to those used in Volkswagen’s diesel cars are installed in some GM vehicles, saying the drivers plausibly alleged a conspiracy.

  • February 20, 2018

    Expert Tells NJ Jury He Found Asbestos In J&J Talc

    An electron microscopist told New Jersey jurors Tuesday that he found asbestos in more than half of the 32 samples of Johnson & Johnson talcum powder products he had examined during a trial over the mesothelioma a man says he developed as a result of his using J&J’s products.

  • February 20, 2018

    Cab Co. Says Bankruptcy Trustee's Suit Based On Falsehoods

    A lawsuit filed by a Chapter 7 trustee in the bankruptcy of Chicago's Yellow Cab Affiliation Inc. accusing one of its subsidiaries of stashing assets contains too many plainly false allegations to go forward, the subsidiary said Tuesday.

  • February 20, 2018

    Pa. Court Won't Junk Risperdal Verdict Against J&J Unit

    A Pennsylvania appeals court on Tuesday rejected efforts by a Johnson & Johnson unit to challenge expert testimony relied on by jurors in finding that the antipsychotic drug Risperdal had caused a Maryland boy to grow female breast tissue.

  • February 20, 2018

    Snack Co. Sued Over 'Modern' Ingredients In 'Ancient Grain'

    A consumer has hit a snackmaker selling supposedly “ancient grain” chips with a $5 million false advertising suit in New York federal court, saying the product is also made with rice, peas and other modern-day ingredients.

  • February 20, 2018

    VW, Audi, Bosch Push To End Non-Diesel Emissions Suits

    Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.

  • February 20, 2018

    Monat Products Cause Irritation And Hair Loss, Suit Says

    Hair products manufacturer Monat was hit with a proposed class action Tuesday in Florida federal court alleging the company misrepresents that its products are safe and can aid in hair regrowth, when in reality they can cause irritation and hair loss.

  • February 20, 2018

    Monsanto PCB Suit Belongs In State Court, 9th Circ. Told

    Washington state told the Ninth Circuit on Tuesday that a federal district court judge was right to grant the state’s request to remand its lawsuit against Monsanto Co. over the alleged contamination of waterways with polychlorinated biphenyls to state court.

  • February 20, 2018

    3M Inks $850M Dumping Deal With Minn. On Eve Of Trial

    3M Company cut an $850 million deal with the state of Minnesota to resolve allegations it knowingly dumped chemicals into groundwater, impacting local wildlife and posing health risks to nearby communities, just as the dispute was set to go to trial, the parties announced Tuesday.

  • February 20, 2018

    Pa. Court Orders New Trial In Groundbreaking Products Case

    A case that helped redefine product liability law in Pennsylvania was teed up for a new trial Friday after the state’s Superior Court said jurors had not been properly instructed on how to determine whether steel tubing linked to a lightning-sparked house fire was legally defective.

  • February 20, 2018

    FDA Warning Wire: Problems At Pfizer Plant

    The U.S. Food and Drug Administration found issues with the way customer complaints were handled and how problems were investigated at a Pfizer plant in Kansas, a facility that has landed in the crosshairs of the agency before. Here’s this week’s roundup of the agency’s enforcement actions.

  • February 20, 2018

    High Court Rejects Four Environmental Cases

    The U.S. Supreme Court on Tuesday declined review in several environmental cases, including challenges to how the U.S. Environmental Protection Agency interpreted an Eighth Circuit finding that it improperly crafted water pollution rules, and to the Third Circuit’s decision to toss a group of Pennsylvania residents’ lawsuit alleging they developed cancer after exposure to a nuclear facility’s emissions.

  • February 20, 2018

    Justices Decline 'Vexatious' Patient's Suit Over CT Scan

    The U.S. Supreme Court on Tuesday refused to revive a malpractice and product liability suit against a California hospital and General Electric bought by a “vexatious litigant” — as deemed by a California court — who claimed a GE-made CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals.

  • February 20, 2018

    Ky. Says Distributor Failed To Police Opioid Prescriptions

    Drug distributor Cardinal Health has exacerbated the opioid epidemic by filling suspicious drug orders and neglecting to alert the authorities about them, Kentucky's attorney general claimed in a suit filed Monday in state court.

Expert Analysis

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Car Seat Heaters Still Producing Burns — And Litigation

    Sean Kane

    Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​