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Product Liability

  • September 21, 2018

    Building Supply Co. Escapes Asbestos Suit In Fla.

    A Florida appeals court has released a California construction supply company from a suit alleging its asbestos-containing products gave a Florida man mesothelioma, finding the man and his wife failed to demonstrate the company had sufficient ties to Florida to be sued in the state.

  • September 21, 2018

    Calif. Gov. Signs Wildfire Bills, Limiting PG&E Liability

    California Gov. Jerry Brown signed a package of bills Friday that aims to help the state prevent and recover from catastrophic wildfires, including a controversial bill that critics call a bailout for Pacific Gas and Electric Co. but that its author says is needed to save the liability-burdened utility from bankruptcy.

  • September 21, 2018

    Massachusetts Man Sues Toyota After Rodents Ate His Car

    A Massachusetts driver says Toyota has for years been outfitting vehicles with cost-saving, environmentally friendly electrical insulation that "uniquely attracted" rodents, causing an infestation and extensive damage to his vehicle, which is the subject of a lawsuit in Boston.

  • September 21, 2018

    Athenex Gets FDA Compounding Policy Wrong, Amicus Says

    Compounder Athenex Pharma Solutions LLC is wrongly attempting to broaden a U.S. Food and Drug Administration policy governing bulk compounding, and its “gross misinterpretation” must be kept out of Par Pharmaceutical’s suit challenging that policy, an AmerisourceBergen Corp. subsidiary has told a D.C. federal court.

  • September 21, 2018

    LG Panama, Mall Ordered To Show If AC Contract Is Binding

    A Virgin Islands federal judge on Friday vacated an order compelling the owners of a shopping center to arbitrate their dispute with LG Electronics Panama over commercial air conditioning equipment, finding that more discovery is needed to determine whether the contract between the parties was a legally binding agreement.

  • September 21, 2018

    Consumer Seeks Full 3rd Circ. Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Sterigenics Hid Cancer Risk Of Emissions, Ill. Residents Say

    Residents of a Chicago suburb have slapped Sterigenics International Inc. and its private equity owner with a proposed class action in Illinois circuit court that claims the sterilization company has for decades knowingly emitted a highly carcinogenic chemical from a local facility without disclosing the risks.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.

  • September 21, 2018

    Buyers' Flawed Emissions Tests Doom RICO Suit, Fiat Says

    Fiat Chrysler and engine manufacturer Cummins have pressed their bids to dump an amended proposed class action alleging they outfitted Dodge Ram trucks with emissions-cheating software, saying that consumers conducted unreliable tests that cannot support their Racketeer Influenced and Corrupt Organizations Act claims.

  • September 20, 2018

    New MDL Needed For 'Opioid Babies,' Attys Say

    Attorneys for “opioid babies” whose mothers used prescription narcotics argued on Thursday for new multidistrict litigation focused on the infants, citing “grave concerns” that an existing MDL over the opioid crisis is woefully deficient.

  • September 20, 2018

    7th Circ. Will Not Rehear Suit Against GSK Over Atty's Suicide

    The Seventh Circuit on Thursday refused to reconsider its decision to overturn a $3 million verdict blaming GlaxoSmithKline for the suicide of a Reed Smith partner who had been taking a generic version of its Paxil drug.

  • September 20, 2018

    FTC Settles With ‘IV Cocktail’ Seller Over Health Claims

    The Federal Trade Commission told a company selling intravenous therapy products to cease marketing its iV Cocktails as alternative treatments for serious diseases without backing those claims with scientific and medical testing, according to a consent order filed Thursday.

  • September 20, 2018

    Don't Let Purina Off The Hook In Dead Bass Suit, Farm Says

    A farm blaming mass fish deaths on formula changes in a Purina Animal Nutrition LLC feed argued Wednesday that the company can't reel in the suit, telling an Illinois federal judge Purina's attempt to slip the case is a flop.

  • September 20, 2018

    Judge Won’t Halt Workers’ Fly Ash Exposure Case

    A Tennessee federal judge found that a reasonable jury could link the exposure workers said they faced during the cleanup of a fly ash spill in 2008 with the range of injuries the workers allege are connected, refusing to grant summary judgment to Jacobs Engineering Group Inc.

  • September 20, 2018

    J&J Can't Escape Calif. Talc Warning Label Suit

    A California federal judge has rebuffed Johnson & Johnson's bid to dismiss a suit alleging it violates state warning label and false advertising laws by selling asbestos-contaminated talcum powder products, writing the consumer products giant was "simply demanding more" detail than is necessary in a complaint.

  • September 20, 2018

    CBS Tells Justices No Liability For Asbestos Added By Others

    General Electric and CBS Corp. on Wednesday told the U.S. Supreme Court that manufacturers cannot be held liable under maritime law for products that may have asbestos added to them later, likening themselves to ashtray makers, who are not required to warn about the dangers of smoking.

  • September 20, 2018

    Purdue Pharma Must Face N.H.'s Suit Over Opioid Marketing

    A New Hampshire court has given the state the go-ahead to pursue its claims that Purdue Pharma pushed the opioid OxyContin with a deceptive marketing campaign that overstated the drug’s benefits and underplayed its risks.

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    Florida High Court Reinstates $20M Tobacco Verdict

    The Florida Supreme Court on Thursday reinstated a $20 million tobacco jury verdict in favor of the daughter of a lifelong smoker, ruling that the state appeals court that overturned it imposed an improper cap on damages awards for adult children of smoking victims in wrongful death suits.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Muddy Road Ahead For Autonomous Vehicle Liability In EU

    Anna Masser

    The product liability regimes related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the fast-moving reality. As the European Commission works to update the European Product Liability Directive, evolving legal definitions of "producer," "product" and "defect" will be vital for the industry, say attorneys with Jones Day.

  • What Manufacturers Should Know About Triclosan Findings

    Doug Pfeifer

    A recent study suggests that triclosan, a common antibacterial agent, can promote colonic inflammation and cancer in mice when ingested at what the authors deem normal human exposure levels from using certain consumer products. But this research is unlikely to find its way into the courtroom, say Douglas Pfeifer and Richard Morgan of Bowman and Brooke LLP and Brent Kerger of Exponent Inc.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.