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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.