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Product Liability

  • December 12, 2018

    VW Banks On Federal Shield To Beat States' Emissions Suits

    Volkswagen AG’s recent wins against states that separately sued the German automaker for environmental or anti-tampering law violations over its 2015 diesel emissions-cheating scandal have reinforced the federal government’s authority to regulate motor vehicle and emissions standards, spelling trouble for other pending state and county lawsuits.

  • December 12, 2018

    'SuperStarch' Maker Settles Suit Over Performance Claims

    The maker of sports drinks and bars advertised to contain the performance-enhancing “SuperStarch” has settled a proposed class action brought by an Illinois man who claimed the products actually impaired athletes by causing them gastrointestinal distress, according to an attorney who worked on the case.

  • December 12, 2018

    FDA Boss Vows Crackdown On Stem Cell, Supplement Cos.

    The U.S. Food and Drug Administration’s leader on Wednesday said that tougher enforcement is coming in early 2019 for bogus claims or shoddy manufacturing involving stem cell therapies, dietary supplements and compounded drugs.

  • December 12, 2018

    Pa. Businesses Sue Drone Maker Over $1.4M Fire

    The tenants of a Pittsburgh-area office building have filed a Pennsylvania state court suit against DJI Technology Inc., blaming the company for allegedly defective drone batteries that sparked a December 2016 fire resulting in more than $1.4 million worth of damage to businesses and a restaurant in the building.

  • December 12, 2018

    Some Damages Cut, But $1.7M Restored In Fla. Smoking Case

    A Florida appeals court on Wednesday vacated $650,000 in punitive damages in a jury verdict against R.J. Reynolds and Philip Morris but affirmed $5.4 million in compensatory damages granted to a smoker's widower and found the trial court had improperly reduced that amount for comparative fault.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    Calif. Wildfires' Insured Losses Top $9B, Official Says

    Insurers are expected to shell out more than $9 billion to cover policyholders’ losses in a spate of deadly wildfires that ravaged California last month, according to an estimate Wednesday from the state’s insurance regulator.

  • December 12, 2018

    'Bundle' Buys Don't Avert FCA Liability, Feds Say In Bayer Suit

    The federal government has weighed in on a whistleblower suit accusing Bayer Corp. of paying kickbacks to get doctors to use a surgery drug called Trasylol, saying the company can still be held liable under the False Claims Act even though the government pays for the drugs as part of a bundle rather than individually.

  • December 12, 2018

    Pa. Appeals Court To Rethink Jurisdiction In NYC Siren Suit

    A Pennsylvania appeals court has ordered an en banc rehearing after a three-judge panel ruled in September that a siren manufacturer's registration to do business in the state allowed the Philadelphia County court to preside over hearing-loss claims brought by a group of New York City firefighters.

  • December 11, 2018

    Fiat Presses Supreme Court To Undo Car-Hacking Cert. Order

    Fiat Chrysler urged the U.S. Supreme Court on Tuesday to resolve a circuit split and allow it to swiftly challenge an Illinois district court's certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the lower court's "manifest errors" cannot go unchecked.

  • December 11, 2018

    VW Slams Bondholder's Bid To Redo Emissions Fraud Suit

    Volkswagen has told a California federal judge that a bondholder cannot tack on insider trading claims to a proposed class action alleging it was duped into buying overpriced bonds based on misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal.

  • December 11, 2018

    General Mills Escapes Suit Over Trans Fat Use

    A California federal judge has dismissed a putative class action claiming General Mills' baking mixes are unsafe because they use trans fat-containing partially hydrogenated oils, saying the consumer's state claims are preempted by federal law.

  • December 11, 2018

    'Whole Grain' Cheez-It Label Suit Sent Back To Fed. Court

    A New York federal court got it wrong when it ruled that labeling Cheez-It crackers "whole grain” isn't misleading even though the snacks are made primarily from enriched wheat flour, the Second Circuit said Tuesday, vacating a decision that it said validated “highly deceptive advertising” and remanding the proposed class action.

  • December 11, 2018

    Justices Asked To Review Due Process In Faulty Helmet Suit

    A former bicyclist alleging he is now quadriplegic because of a defective Bell Sports USA bike helmet has asked the U.S. Supreme Court to review his case, saying the trial court violated his due process rights by scheduling the trial without consulting his attorney.

  • December 11, 2018

    Hoffman La-Roche Can't Keep Malaria Drug Suit In Fed. Court

    A California federal judge overseeing allegations that Hoffmann La-Roche Inc.'s anti-malarial drug neurologically harmed a Navy veteran has sent the case back to state court, ruling there wasn't federal diversity jurisdiction because the company's principal place of business is in California, not New Jersey.

  • December 11, 2018

    GNC Investors Can't Revive Securities Suit In 3rd Circ.

    GNC knocked down a proposed securities class action accusing the retailer of misleading investors about nutrition supplements that contained unlawful ingredients after the Third Circuit found Tuesday that the plaintiffs have not sufficiently alleged that company executives were knowingly or recklessly deceptive.

  • December 11, 2018

    3M Fire Suppressant MDL Will Be Heard In South Carolina

    Seventy-five cases around the U.S. against 3M and others involving contamination from the firefighting foam AFFF have been consolidated and transferred to the District of South Carolina by the Judicial Panel on Multidistrict Litigation.

  • December 11, 2018

    Endo Must Face Stock-Drop Claims In Opioid Safety Suit

    Endo International PLC and several of its executives must face an investor suit alleging the company knowingly misrepresented the safety of its Opana opioid, leading to a significant stock drop when the drug was forcibly removed from the market, after a Pennsylvania federal judge said Monday that the shareholders sufficiently pled their claims.

  • December 11, 2018

    Most Claims Stick In ConAgra Cooking Spray Label Suit

    ConAgra Foods Inc.'s bid to dismiss a proposed class action claiming the labels of its cooking spray mislead customers about fat and calorie content has been largely denied, but a California federal judge has dismissed asterisk claims and non-California common law claims in the suit.

  • December 10, 2018

    Ret. Judge Tapped To Probe NFL Settlement Fraud Allegations

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement appointed a retired judge Monday to serve as a special fraud investigator to dig into allegations that doctors and players were gaming the system, handing the league a quiet win on a request that had been embroiled in a firestorm of controversy just a few months ago.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Revising FDA 510(k) Poses Challenges For Device Makers

    Patricia Kaufman

    The U.S. Food and Drug Administration wants to "modernize" the approval process for medical devices based on older products by encouraging developers to use more modern devices as predicates. This does not mean older devices are unsafe, but the negative implication seems undeniable, say Patricia Kaufman and Joel Schwartz of Stinson Leonard Street LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • The Romaine Health Advisory: Scope And Implications

    Leslie Krasny

    Days before Thanksgiving, the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention recommended that consumers avoid eating romaine lettuce from any source. The broad scope of the advisory reflected the challenge of obtaining precise supply chain information, say Leslie Krasny and Nury Yoo of Keller and Heckman LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Potential Impact Of New FDA Nutrition Label Requirements

    Lawrence Reichman

    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.