Product Liability

  • April 26, 2018

    Hidden Expert Pay Gets J&J New Trial After $502M Verdict

    A $502 million jury verdict in a bellwether trial against Johnson & Johnson over allegedly faulty hip implants was marred by “unequivocally deceptive” payments made to expert witnesses by lead plaintiff’s lawyer Mark Lanier, who told jurors repeatedly the witnesses were unpaid, the Fifth Circuit said Wednesday in an opinion ordering a new trial.

  • April 25, 2018

    Farmers Say Firms Tricked Them Out Of GMO Settlements

    A group of North Dakota farmers accused a Texas law firm and co-counsel of tricking 60,000 farmers into signing a 40 percent contingency fee agreement in underlying multidistrict litigation over Syngenta AG’s genetically modified corn seed before secretly excluding them from other suits, in a putative class action filed in Minnesota federal court Tuesday.

  • April 25, 2018

    EU Invests Funds, Working On Standards To Spur AI Growth

    The European Commission on Wednesday stepped up its efforts to be a global leader in artificial intelligence, announcing the investment of €1.5 billion ($1.83 billion) to boost research in the transportation, health care and other key sectors and revealing plans to develop ethical guidelines and product liability standards before the end of next year.

  • April 25, 2018

    VW Strikes $33M Deal With Md. Over Diesel Emissions

    Volkswagen AG agreed to a deal valued at $33.5 million to close out Maryland’s claims that the automaker violated state law by using so-called defeat device software in its diesel-powered cars, the Old Line State said Wednesday.

  • April 25, 2018

    Transfer Of Lipozene Class Action Stands, 9th Circ. Says

    The Ninth Circuit Wednesday denied an attempt by a purchaser of the weight loss supplement Lipozene to block the transfer of her putative class action between two California districts, with the panel saying the transfer was a mistake but did not immediately affect the woman’s case alleging that the supplement’s maker issued false claims about its effectiveness.

  • April 25, 2018

    GSK, Zofran Users Bicker Over Scope Of Patient Discovery

    Counsel for GlaxoSmithKline and families who claim its anti-nausea medication Zofran caused various birth defects argued in Boston federal court Wednesday over how many patients should be targeted for individual discovery in the multidistrict product liability litigation.

  • April 25, 2018

    Dems Concerned House Opioid Bills Too Rushed

    Democratic lawmakers expressed worry Wednesday that legislative efforts to curb the opioid crisis are being too hastily pushed through, saying that while action is needed, missteps can potentially worsen the epidemic.

  • April 25, 2018

    Row Over Calif. City's Blocked Stations Heads To Fed. Court

    A California city’s lawsuit against Charter Communications for removing NBC and CBS affiliates from its cable package before the Super Bowl shifted from state to federal court Monday, where it joins Charter’s countersuit accusing the city of interfering in its negotiations with a broadcaster demanding exorbitant fees.

  • April 25, 2018

    VW Franchisees Can't Get Bosch Docs In Emissions MDL

    A group of Volkswagen franchised dealers cannot get their hands on documents from Robert Bosch LLC and Robert Bosch GmbH related to ongoing government investigations into the alleged defeat device that Bosch manufactured for Volkswagen diesel vehicles to cheat emissions tests, a California federal judge said Tuesday.

  • April 25, 2018

    Buy Buy Baby Sued After NY Girl Killed By Fallen Chest

    Bed Bath & Beyond Inc.’s Buy Buy Baby retailer sold a 65-pound chest that was defectively designed in a way that allowed it to tip over and kill a young girl, says a suit filed Tuesday in New York court.

  • April 25, 2018

    Texas Judge OKs $33M Attys' Fees In $100M Halliburton Deal

    A federal judge in Texas on Wednesday approved $33 million in class counsel awards in a $100 million settlement between Halliburton Co. and disgruntled investors, saying the request — which is only 77 percent of the lodestar rate — is reasonable.

  • April 25, 2018

    RJ Reynolds Dodges New Trial For Smoker's $38M Engle Suit

    A Florida appeals court reversed Wednesday a trial court’s order granting a new trial after a jury found in 2016 that R.J. Reynolds was not liable in a $37.5 million Engle progeny trial over the lung cancer death of a heavy smoker, saying the jury disregarded the testimony at issue.

  • April 25, 2018

    Fabric Maker Polartec Gets Quick Win In Quality Case

    A Wisconsin federal judge on Wednesday tossed a suit claiming Polartec LLC’s NeoShell fabric is not as waterproof as the Massachusetts textile manufacturer has represented it to be, ruling that women's clothing maker Extreme Sports Divas, which used the fabric in its garments, hadn’t proved that Polartec misrepresented its product’s quality.

  • April 25, 2018

    Tobacco Cos. Settle Long-Running Health Warning Dispute

    Major tobacco companies and the federal government on Wednesday told a D.C. federal judge they have agreed on language for “corrective statements” on tobacco product websites and packaging, ordered more than a decade ago to remedy misleading statements by the companies.

  • April 25, 2018

    Enviro Group To Sue Newark Over Water's Lead Levels

    The National Resources Defense Council put the city of Newark on notice Tuesday that it plans to sue over the lead contamination levels in the city's drinking water, which it claims are dangerously high as a result of the city's failure to address the problem.

  • April 25, 2018

    Honeywell Recalls Hard Hats Due To Risk Of Head Injury

    Rhode Island-based Honeywell Safety Products USA Inc. has recalled about 148,050 defective hard hats sold to consumers in the U.S. and Canada that apparently fail to protect users from impact and pose a risk of head injury, the U.S. Consumer Product Safety Commission said on Tuesday.

  • April 25, 2018

    Products Distributor To Pay $16.5M To End Toilet-Part Row

    An industrial products distributor agreed Tuesday to pay $16.5 million to end a proposed class action filed in Tennessee federal court alleging a faulty toilet part causes flooding that damages homes and other structures.

  • April 24, 2018

    NJ Rock Wall Co. Objects To Attys Fees For Injury Judgment

    Counsel for a rock wall parts manufacturer told the New Jersey Supreme Court on Tuesday that it should not have to pay attorneys’ fees in a product liability action under the so-called offer-of-judgment rule because a jury award against the business was less than the proposed settlement amount.

  • April 24, 2018

    Attys Say Fraud Claims Just Cover For Delays In NFL Deal

    A group of four law firms representing players in the landmark $1 billion NFL concussion settlement has stepped up attacks against the program’s claims administrator, accusing it of a “Machiavellian strategy” to delay desperately needed payouts for players by “falsely accusing” the attorneys of fraud.

  • April 24, 2018

    Allegiant Hit With Stock-Drop Suit Amid Safety Lapse Report

    Allegiant Air was hit with a putative securities class action Tuesday alleging the low-cost airline hid its poor safety record and lied to investors about numerous hazardous incidents, which were revealed in a recent bombshell CBS News "60 Minutes" report that caused Allegiant’s stock price to dip.

Expert Analysis

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Medical Device Cybersecurity: Preparing For The Worst

    Sonali Gunawardhana

    Connected medical technology improves the lives of patients, but serious concerns can arise when hackers exploit security holes in these devices. Attorneys should advise their medical device manufacturer clients to develop and test detailed recall plans, and find better ways to reach consumers when a recall happens, say Sonali Gunawardhana of Shook Hardy & Bacon LLP and Chris Harvey of Stericycle Expert Solutions.

  • FDA’s Essure Order Affirms Role Of Learned Intermediary

    Robert Friedman

    The U.S. Food and Drug Administration's order to restrict sales of Bayer's birth control device Essure represents a significant reordering of the old "doctor knows best," paradigm and continues the trend toward greater patient autonomy and participation in one's own medical treatment, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.