Product Liability Archive » August, 2013

Product Liability - August, 2013

353 articles

• Texas Justices Expand Appellate Review Of New Trial Orders
• BP Claims Unfair Class Definition Sours $7.8B Deepwater Deal
• Fosamax MDL To Wind Down More Swiftly Than Merck Wanted
• Hain Celestial Faces Beefed-Up Food Mislabeling Action
• Fracking Cos. Ask Colo. High Court To Allow Lone Pine Orders
• June Trial Date Proposed For Exxon Ark. Oil Spill Suit
• Ecuadoreans Take DynCorp Chemical Suit To DC Circ.
• CNA Sues To Dodge Engineering Firm's Asbestos Defense
• Rainmaker Q&A: Carr Maloney's Jan Simonsen
• Key Issues In Handling Product Recalls
• With NFL Deal, Pressure On Riddell Rises In Concussion MDL
• 5th Circ. Pulls Texas Justices Into Deepwater Insurance Row
• Imported Food For Thought: FDA On Foreign Food Safety
• Comply With Your Air Permit And Be Sued Anyway
• Unilever Accused Of Bogus 'Natural' Shampoo Marketing
• Frito-Lay Scores Partial Win In GMO Labeling Action
• BMW Dodges Roll-Away Defect Class Action
• Texas Court Axes $2.5M Award Over Rockets Arena Sign
• FDA Sounds Alarm Over State Biosimilar Drugs Bills
• SDNY Gives Reinsurers' Late Notice Defense More Bite
• HHS Slams Ex-InterMune CEO's Challenge To Program Ban
• Disbarred Fen-Phen Attys Take $42M Hit In Ky. High Court
• 7th Circ. Revives FCA Case, Rips Whistleblower's Tactics
• Special Masters Back Atty Fee Bid In $688M Vytorin Deal
• Insurer Sues Whirlpool, Supplier Over Faulty Water Valves
• NFL, Ex- Players Settle Concussion Litigation For $765M
• Apple Sinks RICO Suit Over IPhone Power Button Glitch
• Ex-NFLer Sues League Over Head Injuries
• FDA Concerns Over Testing Co. Trigger Compounder Recalls
• Public Citizen Wants HHS To Stop Trials Over Consent Issue
• BSEE, DOT To Track Offshore Drilling Disaster Near Misses
• 10th Circ. Backs Wyeth, Schwarz Win in Generic Reglan Suit
• Investor Hits Lululemon Over See-Through Yoga Pants Recall
• MDL Panel Combines Diabetes Drug Cancer Suits
• BP Move To Stop Spill Settlement Fund Payments Denied
• Enviros Sue To Block GMO Crops On Federal Wildlife Refuges
• WTC Developer, Airlines Settle Art Loss Claims
• Coke Accused Of Lying About Artificial Ingredients
• Mind What You Say, Puffery Has Its Limits
• DePuy Hip Implant Attys Call For FDA Investigation
• Judge Trims Travelers' Overbilling Suit Against Centex
• Shuttering Pa. FirstEnergy Plant Hit With Pollution Suit
• Philip Morris Halts Graphic Warning Rule In Thailand
• Travelers Policies Cover Arch Coal Unit, Judge Says
• Nestle, Dannon, Gerber Beat Baby Product Fluoride Suit
• Ex-BP Engineer Says Obstruction Charges In Spill Lack Proof
• Taylor Farms Unlikely Behind Outbreak In Texas, CDC Says
• Chinese Drywall Co. Fights Lennar's Suit In Fla. Appeals Court
• 418 Cos. Freed From Sweeping Asbestos MDL In Pa.
• 'Good Lab Practices' Don't Apply To Early Device Work: FDA
• Evanston Calls NAC's Refusal To Cover Builder 'Unscrupulous'
• NM Law Applies To Asbestos Case, Ariz. High Court Rules
• NJ Court Backs $2M Award For Hoboken Condo Association
• Meat Industry Says Origin Labeling Violates Free Speech
• FDA Details Ethics Panel Duties In Clinical Trials
• French Court Lifts Nationwide Ban On Daimler Vehicles
• Fresenius Hid 'Serious' Health Risks Of GranuFlo, Suit Says
• Novartis Can't Rush Appeal In Elidel FCA Suit, Judge Says
• A Sigh Of Relief For Calif. Manufacturers
• Post-Lennar, Going Rogue Still Risky For Texas Policyholders
• Oil Spill Class Wants BP To Keep Paying Claims
• Pratt & Whitney, EADS Sued Over Pilot's Plane Crash Death
• 5 Products Cases To Watch For The Rest Of 2013
• Prius Drivers Tell 9th Circ. Warranty Covers Fuel Tank Flaw
• BP, Anadarko Fight Deepwater CWA Claims In 5th Circ.
• Racket Maker Slams Celeb Endorsement False Ad Suit
• Fracking Earthquake Claims Bank On Uncertain Science
• Philip Morris, Liggett Hit With $12.6M Engle Verdict
• Novo Wants High Court To Clarify Foreign Company Liability
• Avon Ducks Animal Testing False Ad Class Action
• OSHA Proposes Tougher Limits On Silica Dust Exposure
• WTO Sends US-Indonesia Clove Cigarette Row To Arbitrator
• FDA Scolds Drugmakers For Missing Pediatric Study Deadlines
• Arab Bank Gets Alien Tort Claims Tossed In Terror Aid Case
• Monster Beverage Suit Against San Francisco Atty Survives
• Gerber Escapes False Ad Suit Over Probiotic Claims
• The End Of Take-Home Asbestos Exposure Claims?
• Lost Opportunities: Why Cases Settle At The Wrong Time
• Medtronic Can't Duck Injury Suit Over Bone Graft Device
• Texas High Court Finds Coverage For $6M Voluntary Payments
• An Arbitration-Bound Bowl Of Cereal? Believe It, Attys Say
• ADR Deals Bar Atty Fees In Nissan Defect Suits, Judges Say
• Iovate Supplements Don't Build Muscle As Advertised: Suit
• 5th Circ. Should Merge Faulty Drywall Appeals, Plaintiffs Say
• FDA Mulling Rule To Ban Online E-Cigarette Sales
• Organix Shampoo Maker Settles False Labeling Suit For $7M
• 3rd Circ. Ruling Gives Courts Broad Air Permit Powers
• Chevron Gets Access To More Email Data In Ecuador Row
• 6th Circ. Revives MLB Team Fatality Appeal
• FDA Warns Fresenius After Puerto Rico Plant Inspection
• Lawsuit Targets NCAA, Helmet Maker Over Death Of Player
• Green Light For More Deceptive Labeling Class Actions
• Picture This — FDA Taking Inspection Photos
• Comcast Doesn't Change Cert. In Sears Washer Row: 7th Circ.
• Biomet's Preemption Bid Fails In Metal Hip Implant MDL
• FTC's Pom Ad Ban Broke Free Speech Laws, Nonprofits Say
• Abbott Can't Wipe Out $2.2M Verdict In Humira Case
• Merck Can't Force Fosamax Plaintiffs To Verify Injuries
• NHTSA Rethinking Policy On Publicizing Automaker Fines
• US Trade Rep Unveils New Tobacco Plan For TPP
• 5th Circ. Axes Landowners' Suit In Interstate Flooding Row
• 5-Hour Energy Faker Can't Use False Ad Defense, Judge Hears
• 7th Circ. Keeps Insurer On Hook For Thermos Asbestos Case
• DOJ Drops Key Prosecutors From Deepwater Obstruction Case
• Ex-Dow Worker Awarded $6M In Asbestos Suit
• Babcock Signals Big Change In Pa. Duty-To-Defend Law
• Estee Lauder Faces False Ad Suit Over 'Night Repair' Products
• NJ City Utility Escapes Ex-Worker's Toxic Tort Appeal Bid
• PG&E Ordered To Explain Calif. Pipeline Safety Filing
• Ranchers, Others Fight Bid To Ban US Meat Labeling Rules
• Bard Settles 2nd Vaginal Mesh Bellwether On Trial's 1st Day
• Contractor To Blame For Fatal Black Elk Rig Blast: Report
• Driver Error No Factor In Fatal '09 Toyota Crash, Jury Told
• BSEE Rule Toughens Offshore Oil Production System Regs
• OTC Drug Group Wants Children's Dosage On Med Labels
• Sherwin-Williams Used Lead To Avoid Stigma, Judge Hears
• AIG Must Defend Port Authority Against WTC Asbestos Claims
• A-Rod's Cousin Gets Deposition Delayed In MLB Drug Suit
• 3rd Circ. Takes Ascertainability More Seriously
• Watchdog Urges FDA To Put 'Black Box' Warning On Plavix
• HP Wireless Printers Can't Stay Connected, Suit Claims
• Ex-BP Engineer Can't Hide Deepwater Meeting From Trial
• FDA Finds Drug Co. Clinical Tests Lack Diversity
• NAD Asks Freshmatic To Change Aerosol Comparison Ads
• Law Firms' Intervention Bid Nixed In GSK Class Action
• Taylor Fresh Foods Targeted In Suit Over Illness Outbreak
• Allergan Demands FDA Retract Generic Restasis Guidance
• Chicago Hospital Sued Over Ruined Sperm Samples
• No Damages Or Injury, No Predominance And No Class
• Trio Of Favorable Preemption Decisions For NJ Pharma Cos.
• Dumpster Diving For Deleted Files: When Is It Worth It?
• Eisai's Attacks Pressure Feds To Patch Exclusivity Holes
• Bayer Wants Out Of Probiotic False Ad Class Action
• Texas Panel Quashes $10M Judgments Against Fen-Phen Atty
• Houston Injury Attorney Says Law Firm Stole His Clients
• FDA Links Foreign Drugs To Life-Threatening Side Effects
• Shire Billed Medicaid For Off-Label ADHD Drug Use, La. Says
• Rihanna Wins Sanction On Inspector In Water Damage Suit
• 3rd Circ. Says CAA Doesn't Preempt State Pollution Claims
• Jury Clears Flooring Maker Of Claims Its Tiles Caused Cancer
• 5th Circ. Nixes Cardinal Whistleblower's Faulty Pumps Suit
• Specialty Products Loses Bid To Stay $1B Asbestos Ruling
• 2nd Complaint Filed Over Philly Building Collapse
• New FDA Drug Security Program Targets Dubious Imports
• BMW Knew Navigation System Was Faulty, Suit Alleges
• Obama's TPP Tobacco Plan Slammed By Anti-Smoking Groups
• FDA Warns Drug Ingredient Maker Over Testing Issues
• Trex To Pay $8M To Settle Deck Fungus Class Action
• Kellogg Asks Judge To Sink Fruit Snacks False Ad Suit
• Shooting Of Teens Was 1 Occurrence, Alaska High Court Says
• EPA Delays Formaldehyde Wood Emissions Rule
• $30M Fracking Tank Suit Moved To Colo. Court
• Canada Takes Beef Over US Meat Labeling Back To WTO
• Merck, Plaintiffs Bicker Over Fosamax MDL Wind-Down Plans
• Ill. Bans E-Cigarette Use Among Teenagers
• Becton Can't Dodge Rival Syringe Maker's Antitrust Claims
• Pepperidge Wants GMO Suit Paused As FDA Mulls Labeling
• Philly Building Collapse Suits Stayed Amid Criminal Probe
• Hospira Can't Shake Ex-USC Player's Pain Med Claims
• Tetley Escapes Tea Products False Advertising Class Action
• A Win For Prop 65 Defendants, Lessons For All
• 'All-Natural' Foods Maker Dodges Fraud Class Action
• Portis Leads 83 Players In NFL Concussion Suit In Miami
• Ore. Ups The Ante For Insurers Facing Enviro Claims
• No Mass Tort For Tylenol Liver Cases In NJ
• 5th Circ. Sends Workers' Comp Debate To Texas High Court
• Roche Asks NJ High Court To Kick Judge Off Accutane Suits
• FDA's Gluten-Free Rule Will Help Food Makers Avoid Liability
• Health Plans Sue Abbott Over Depakote Off-Label Scheme
• Penn National Committed Up To $50M Fraud, Reinsurer Claims
• 7th Circ. Revives Baxter Investor Suit Over $588M Recall
• Girardi Keese Beats Class Cert. In Lockheed Malpractice Suit
• LG Fridge Labeling Suit Tossed For Good By Judge
• FDA Awareness Letters Have Impact, Allergan Counsel Says
• Conair Accused Of Selling Hair Dryers That Catch Fire
• NJ Statute Of Repose: Make Sure The Clock Is Ticking
• Rainmaker Q&A: Sterne Kessler's Eric Steffe
• Labeling Update Claims Survive Dismissal In Fosamax MDL
• Chobani Buyers Can't Seek Ruling Redo In Yogurt Label Suit
• Tobacco Cos. Ask High Court To Review Engle Decision
• Bard Hit With $2M Verdict In Vaginal Mesh Bellwether
• Merck, Plaintiffs Fail To Reach Deal In Fosamax Jaw MDL
• Christie's Was Reckless With Art During Sandy, Insurer Says
• EPA Issues New Labels For Pesticides Linked To Bee Deaths
• Antibiotic Type Poses Severe Nerve Damage Risk, FDA Says
• $11M Oil Rig Collapse Award Upheld On Appeal
• Boeing Ducks Suits Claiming Plant Emissions Caused Cancer
• UnitedHealth Slams Law Firms' Intervention Bid In GSK Action
• Homeopathic Drugmaker Puts Up $1M To End False Ad Claims
• BP Fights Investors' Class Cert. Bid In Deepwater Row
• AHA Takes Money To Endorse Campbell's Soups, Suit Says
• Alas, Courts Still Resist Substantial Factor Causation
• DOD Closes Open-Air Burn Pits At Key Afghanistan Base
• NJ Paper Co. Targets Insurance Brokers After 3rd Circ. Defeat
• Circle K, 7-Eleven, Others Dodge Claims In 'Hot Fuel' MDL
• Novartis Opens Probe Into Whistleblower's Kickback Claims
• J&J, DePuy Fail To Split Up Consolidated Hip Implant Trial
• NHTSA Requires Automakers To Streamline Recall Searches
• FDA Knew Compounder Had Unsterile Practices: Watchdog
• 5 Years Later, The Law That Saved The CPSC
• The Cost, And Ethics, Of Doing (Legal) Business
• IPhone Customer Says Apple Can't Arbitrate Defect Suit
• Helmet Makers Brace For Litigation Over Concussion Claims
• 6th Circ. Upholds Bic Victory In Lighter-Defect Suit
• FCA's Reach At Stake As DOJ Jumps Into 1st Circ. Fight
• NJ Appeals Court Frees Zurich From Asbestos Cleanup Claim
• Caterpillar Forklift Defect Caused Brain Injuries, Suit Says
• Miami Couple Sues Bar Over Deck Collapse During Heat Game
• Syrup Supplier Can't Duck $2M Licorice Recall Suit
• RJR Can't Nix $3M Smoking Verdict In Fla. Appeals Court
• BP Wants Halliburton's Plea Deal In Deepwater MDL Record
• FDA Denied More Time To Develop Anti-Terrorism Food Rule
• Rainmaker Q&A: Sayles Werbner's Dick Sayles
• Garmin Batteries Prone To Early Failure, Suit Says
• Tiara Decision Doesn't Signify Endless Tort Claims
• Gray Zone Between FDA And FTC Nutraceutical Regulation
• Already Messy, E-Cigarette Regs Likely To Grow More Chaotic
• Fired BP Claims Atty Fights For Reinstatement
• Hawaii's Fix For Construction Defect Coverage Falls Short
• Avon Says Animal Test Class Action Has 'Rampant' Problems
• FDA Outlines Safety Testing For Telehealth Medical Devices
• Medical Foods Don't Require A Prescription, FDA Says
• 3rd Circ. Defers To DOT On State Hazmat Suit Preemption
• Skadden Adds Former Alston & Bird Class Action Pro In LA
• Apple Dodges False Ad Suit Over MacBook Screens
• Miami Airport Contractors Can't Extinguish Fuel-Fire Suit
• AIG Unit Again Faces Bad Faith Claim In $69M Wildfire Row
• GMOs In Mission Chips Not 'Natural,' Fla. Consumer Says
• BP Sues EPA Over Federal Contracting Ban
• Consumers Energy To Pay $1.4M Over Deadly Mich. Gas Blasts
• Toyota Wants Experts Tossed From Acceleration Defect Case
• LG Washer Consumers Want New Expert In Defect Action
• NYC Hands Over $12M To Settle Bronx Landfill Cancer Suit
• Merck Wants Fosamax Plaintiffs To Cough Up Evidence
• Iran-Linked Property's Owners Face Sanctions Bid In 9/11 Suit
• 6th Circ. Revives Gunmaker's Exploding Rifle Suit
• BMW Tries To Put A Lid On Convertible-Jam Class Action
• Nestle Gets False Advertising Claims Shaved Off
• Compounding Pharmacy Linked To Infections Issues Recall
• Defunct Metal Co. Wants $33M For Insurance Payout Delays
• Pa.'s Series Of Pharma Cases Give RLD Theory Some Legs
• Vital Shakes False Ad Suit Over Fat Loss Supplement
• JPML Won't Carve Out New MDL From BP Litigation
• Consumer Group Leaks Bloomberg Bid To Curb E-Cigs in NYC
• National Union Escapes Paying More In Valspar Tort Defense
• SF Crash Victims Sue Boeing Over Coach Seatbelts
• Champps Charges For 'Kobe Beef' It's Not Serving, Suit Says
• FDA Links 15 Infections To Texas Compounding Pharmacy
• National Fire Can't Duck Assurance's Coverage Denial Suit
• USDA Immune From Blame For Cattle Deaths, 8th Circ. Says
• Judge Knocks Bellwether Pool In Boston Scientific Mesh MDL
• Owner Of Collapsed Philly Building Targets Liability Claim
• Supplement Maker Can't Shake Glucosamine False Ad Action
• FDA Won't Approve Wright Medical Bone Graft Application
• More Wiggle Room In Gluten-Free Labeling
• As Health Care Reform Nears Launch, Litigation Looms
• Philip Morris Beats Class Cert. Bid In 'Light' Cig Suit
• 5 Tips For Crafting An Airtight Settlement
• Fraud Claims Escape Preemption In Medtronic Bone Graft Suit
• Atty Wants $20M Verdict In 1st Calif. Toyota Acceleration Trial
• Massive Coverage Fight Over Hawaii Dam Collapse Revived
• FDA Again Delays Deadline For Food-Safety Rule Comments
• 3rd Circ. Won't Review Widow's Black Lung Benefits Award
• New Tort Law Would Harm Plaintiffs, Pa. High Court Told
• $9M Naked Juice Settlement Gets Judge's Go-Ahead
• Wyeth To Pay $14M In Attys' Fees In Pristiq Class Action
• Pfizer Can't Escape Neurontin Antitrust MDL
• Rainmaker Q&A: Seyfarth's Gerald Maatman
• Olive Garden, Food Supplier Hit With Tainted-Salad Suit
• Compounder Wins Transfer Of Eye Injury Suits To La.
• FDA Faces Dueling Demands On Antibiotic Clinical Trials
• Canadian Railway Co. Enters Bankruptcy After Deadly Crash
• Acme Food Seeks Coverage From Starr For Contaminated Fruit
• Rainmaker Q&A: McKenna Long's Peter Klee
• Pharmavite Ducks Class Cert. In Vitamin Supplement Suit
• How FDA's Adverse Event Reporting System Impacts Drug Cos.
• DaVita Seeks To Toss Dialysis Products Class Action
• False Ad Suit Over Apple Screens Falls Short, Judge Says
• Whistleblowers Rip Boston Scientific's Bid To Bar Evidence
• Philip Morris, Others Can't Duck $2.5M Verdict For Fla. Widow
• BP Ordered To Fork Over $129M In Deepwater Claims Fees
• Exxon Defeat On Gas Additive Leaves Energy Cos. Vulnerable
• 4th Circ. Says Fed. Court Needn't Hear Exxon MTBE Suit
• Former Hostess Co. Sues Utah Bakery Over Bad Bread
• FDA Ordered To Turn Over Docs In Truvada FOIA Suit
• Melamine-Tainted Milk Leads To Ch. 7 For Fla. Importer
• Walgreen Can't Duck Supplement False Ad Suit
• Olive Oil Co. Can't Get Mislabeling Suits Centralized In NY
• Sears, Kmart, Pilot Face Toxic Warning Suit Over Auto Kits
• Clinical Trial Oversight Must Focus On Major Risks, FDA Says
• JPML Consolidates Effexor Birth Defect Actions In Pa.
• JPML Won't Combine Kashi False Labeling Suits
• Lone Pine Orders Are Still Useful In Fracking Litigation
• Appeals Court Affirms Hygenic Win In Eye Injury Warning Case
• Attys' Fee War Accelerates Between Firms In $1B Toyota Deal
• Vision Pharma Seeks $3M From Sunrise For Adulterated Drugs
• Fireplace Buyers Urge Approval Of $1.9M Burn-Risk Deal
• Pa. DEP Shuts Down Gas Wastewater Facility After Spills
• Consumers Slam FDA For Dawdling On Anti-Terrorism Rule
• FTC's Limited Authority Clips Wings Of Energy Drink Crusade
• Merck Investors Rip Fee Requests In $688M Vytorin Deal
• Insurer Says Coverage Void In Philly Building Collapse
• NYC Wants Top State Court To Weigh Soda Limit Policy
• Lessons From CCAF On Designing Class Action Settlements
• NJ Settles Water Pollution Suit Against Oil Refiner
• 6th Circ. OKs Atty Sanctions In Chevron Contamination Suit
• BP Renews Bid To Halt Deepwater Spill Payments
• 11th Circ. Sides With Sunair In Overheating Radio Amp Row
• 6th Circ. OKs Forfeiture Order In Fen-Phen Attys Suit
• 7-Eleven Fries Potato Chip False-Ad Claims
• Chobani Can't DQ Attys In 'All Natural' Labeling Suit
• Soy Milk Makers Seek KO Of False Labeling Suit
• Wary Of Litigation, States Keep Cheeseburger Bills On Menu
• Transocean Slams BP, Anadarko Bid To Avoid Spill Blame
• Ace Escapes Contract Claim In $5M Tainted Fish Oil Row
• Warner Chilcott Says FCA Kickback Suit Is Too Vague
• Bulldozer Victim's $20M Jury Award Wiped By Philly Judge
• Pa. Landowners Say Range's Fracking Tainted Groundwater
• Chevron To Pay $2M To Calif. Town For Refinery Fire
• How To Challenge Abstract Alternative Designs
• Super Juice Co. Makes Bogus Health Claims, Suit Says
• Bituminous Wins Appeal On Coverage For Well Explosion
• Preemption May Yet Doom State-Law Reglan Claims
• Bi-Lo, Winn-Dixie Pull Ground Beef After Supplier Recall
• FDA Connects Farm Unit To Foodborne Illness Outbreak
• Playtex Can't Escape Suit Over Banana Boat Sunscreen Ads
• Food Makers Needn't Add Lead Warnings In Calif., Judge Finds
• High Court's Sorrell Ruling Yet To Transform Drug Marketing
• 6th Circ. Upends P&G Pampers Diaper Rash Class Settlement
• H&R Block Hit With Class Action Over Tax Refund Delays
• Jury Awards $37.5M To Smoker's Family In RJ Reynolds Suit
• Delta Fuels, Knight Pay $2.3M To End Gas Spill CWA Suit
• NYC Co-Op Allowed To Sue Over Shoddy Building Work
• Ex-TSA Worker Claims Airport Scanner Caused Tumor
• FDA Defines 'Gluten-Free' To Help Protect Celiac Sufferers
• Toyota Escapes Class Action Over Prius Anti-Lock Brakes
• Costco Slashes 'Natural' Drink False Label Class Action
• Ga.'s Stance In The Split On Construction Defect Coverage
• Bollinger Scuttles Suit Over Coast Guard Boat Modifications
• French Court Erases Ban On Monsanto GMO Corn
• Prior Deal Bars Miami Airport Fuel Fire Suit, Contractor Says
• Nova Yanks 62M Diabetes Test Strips Over False Readings
• FDA Links Acetaminophen To Fatal Skin Disease
• Expert's Misdeed Shouldn't Sink Toyota Suit, Conn. Court Says
• 2 Pa. Suits Dropped Over NJ Conrail Derailment
• Obama Orders Chemical Storage Revamp After Texas Blast
• Top Calif. Court Paves Way For UCL Claims Against Insurers
• 8th Circ. Says Petco Heater Not Covered In Medtronic Fire Suit
• 3rd Circ. Revives Suit Against KBR For Soldier's Death
• Genzyme Lied About Plant Contamination, 1st Circ. Told
• Ford Pays $17M For Dragging Feet On Sticky Throttle Recall
• Asiana Flight Crash Victims Report Illegal Atty Contact
• Putting Daubert In Proper Perspective