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Product Liability

  • May 17, 2019

    The Law Firms Making Millions Off The PG&E Cases

    The nation's largest utility company, Pacific Gas and Electric, has paid at least $89 million in the past year in legal fees to firms directly involved with its bankruptcy, civil, criminal and regulatory cases stemming from California wildfires — and the vast majority of that sum has gone to Cravath Swaine & Moore LLP.

  • May 17, 2019

    J&J Hit With $80M Verdict In Philly Mesh Case

    A Philadelphia jury returned $80 million in damages against a Johnson & Johnson unit on Friday in the latest trial over chronic pain and other complications caused by its pelvic mesh implants.

  • May 17, 2019

    Dorsey & Whitney Adds Veteran Product Liability Litigator

    Dorsey & Whitney LLP has given its product liability practice a boost, bringing on a veteran litigator from Goodell DeVries as a partner in its New York office.

  • May 17, 2019

    11th Circ. Won’t Undo Royal Caribbean's Win In Injury Case

    The Eleventh Circuit has backed a lower court decision favoring Royal Caribbean Cruises Ltd.'s argument that it is not responsible for a passenger's injury when part of a lighting machine fell on her head while she was on a dance floor, saying she can't show the cruise company is at fault.

  • May 16, 2019

    Skechers Light-Up Shoes Burn Kids, Mother's Suit Says

    Popular light-up children's shoes made by Skechers USA Inc. contain a dangerous defect that can cause skin burns, an Illinois mother claimed in a proposed class action filed Thursday.

  • May 16, 2019

    9th Circ. Panel Rips EPA's Weedkiller Approval Process

    Two Ninth Circuit judges on Thursday criticized the U.S. Environmental Protection Agency's process for approving Dow AgroSciences LLC's glyphosate weedkiller Enlist Duo, saying the EPA's voluntary offer to reconsider its approval of the weedkiller has resulted in it skirting legal challenges altogether.

  • May 16, 2019

    11th Circ. Revives Hoverboard Fire Suit Against Amazon

    The Eleventh Circuit on Thursday resuscitated a Georgia man’s suit over a hoverboard he bought through Amazon that started a fire, destroyed his home and severely injured him, finding it's plausible Amazon knew about the risk when it sold the product.

  • May 16, 2019

    Full 6th Circ. Won’t Rehear Flint Contaminated Water Suit

    A Sixth Circuit panel on Thursday denied the city of Flint, Michigan's bid for an en banc review of a lawsuit accusing city officials of exposing residents to contaminated water, saying the panel already considered the city's arguments when it first examined the suit earlier this year.

  • May 16, 2019

    Essure Users Fight To Keep Bayer Injury Suits Alive In Calif.

    More than 13,000 women claiming Bayer HealthCare's Essure birth control harmed them urged a California judge on Thursday to keep alive out-of-state plaintiffs' claims, arguing the Golden State has a greater interest over their claims than other states, because Bayer's alleged conduct occurred there.

  • May 16, 2019

    Pa. Justices Suggest Juries Should Decide Risperdal Time Bar

    In an appeal implicating thousands of pending lawsuits in Philadelphia, members of Pennsylvania’s highest court suggested on Thursday that case-by-case determinations were needed to decide whether claims over abnormal breast growth linked to the antipsychotic drug Risperdal had been brought within the statute of limitations.

  • May 16, 2019

    Calif. Gov., Fire Victims Slam PG&E's Request To Delay Ch. 11

    California wildfire victims and California Gov. Gavin Newsom are urging a California bankruptcy judge to deny Pacific Gas and Electric Co.'s request for more time to file its Chapter 11 plan, calling the bid for a six-month extension a stall tactic.

  • May 16, 2019

    Diet Food Maker Beats Thyroid Suit After Experts Were DQ'd

    A Pennsylvania woman's lawsuit claiming Medifast Inc.'s soy-based diet products caused her hypothyroidism was tossed Wednesday when a Philadelphia federal judge ruled that her experts couldn't provide qualified, science-backed testimony linking the products to her condition.

  • May 16, 2019

    Ex-NFLers Lose Bid To Overturn Tighter Concussion Rules

    Attorneys for the thousands of retired NFL players covered by the league's landmark concussion settlement suffered a bruising defeat on Thursday when the Pennsylvania federal judge overseeing the program denied their bid to overturn new, restrictive medical rules that many view as a gift to the NFL.

  • May 16, 2019

    Drivers Fight to Keep GM Fuel Pump Case Alive

    Drivers who say GM sold them dangerously faulty engine pumps slammed the auto giant's motion to dismiss their suit in California federal court, arguing GM's claim that it didn't know about the problem flies in the face of decades of evidence.

  • May 16, 2019

    5 More States Target Purdue Pharma Over Opioid Marketing

    Five states slammed Purdue Pharma LP and its owners with new lawsuits Thursday accusing the pharmaceutical giant of fueling the opioid crisis by deceptively marketing its drugs, adding to a host of lawsuits the company is facing over its purported role in the epidemic.

  • May 16, 2019

    Brad Pitt Charity Suit Belongs In State Court, La. Judge Says

    A Louisiana federal judge has ruled that a lawsuit alleging Brad Pitt’s Make It Right Foundation built shoddy homes in New Orleans after Hurricane Katrina should be heard in state court, finding the case’s local nature requires the dispute to be handled there.

  • May 16, 2019

    Tesla's Autopilot Was On During Fatal Crash, NTSB Says

    The automatic driving system in a Tesla electric car was active when it crashed into a semitruck trailer in March, killing the Tesla's driver, according to a National Transportation Safety Board report released Thursday.

  • May 16, 2019

    Allergan Wins Just $48.5K At Trial Over Imprimis False Ads

    A California federal jury on Thursday ordered Imprimis Pharmaceuticals to pony up just $48,500 to competitor Allergan after finding the compound drug company cost Allergan business by using false advertisements to trick doctors into thinking its eye-treatment drugs used FDA-approved ingredients — far short of the millions Allergan sought.

  • May 15, 2019

    $2B Roundup Verdict Likely Won't Hold Up, Legal Pros Say

    This week's whopping $2.055 billion verdict in the third case to go to trial over claims Monsanto's Roundup causes cancer will likely be substantially reduced on appeal, legal experts told Law360 on Wednesday, but there's no foreseeable "end game" to such litigation since Roundup has remained on shelves with unchanged labels.

  • May 15, 2019

    Imprimis Owes Rival Allergan False Ad Drug Profits, Jury Told

    Imprimis Pharmaceuticals cost competitor Allergan thousands of prescriptions and millions in profits when it lied to consumers that its eye-treatment drugs used FDA-approved ingredients, a California federal jury heard during closing arguments Wednesday, in a case in which the trial judge has already found that Imprimis falsely advertised its treatments.

Expert Analysis

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • New Regs, New Tech Bring New Medical Device Cyber Liability

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    As medical devices manufacturers rely on other parties, like software developers and cloud storage providers, to add functionality to products, recent draft guidance on medical device cybersecurity from the U.S. Food and Drug Administration provides the contours of how product liability suits may proceed, say Raymond Williams and Megan Krebs of DLA Piper.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Remaining CBD Hurdles For Food And Drink Manufacturers

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    Despite market interest in cannabidiol-infused food and beverages, the Alcohol and Tobacco Tax and Trade Bureau and the U.S. Food and Drug Administration have both been clear that CBD remains a prohibited ingredient — leaving tension between the 2018 Farm Bill and the FDA’s charge to assure public health, says Alva Mather of DLA Piper.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • Preparing For PFAS Scrutiny: Part 2

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    If the flurry of developments around per- and polyfluoroalkyl substances in the last six months is any indication, new regulatory proposals and new lawsuits could soon be springing up on an almost weekly basis, say William Tarantino and Megan Ault of Morrison & Foerster.

  • Preparing For PFAS Scrutiny: Part 1

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    While debate continues over the precise environmental and health effects of PFAS — or per- and polyfluoroalkyl substances — companies must be ready for heightened standards now being developed by Congress and federal agencies, say William Tarantino and Megan Ault of Morrison & Foerster.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • Tide May Be Turning For Prop 65 Free Speech Defense

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    Can you be forced to slap language that you disagree with on a product that you sell, even if that language may be false or misleading — and may scare your customers? In California, the answer is yes. But recent decisions may signal a change, says Dennis Raglin of Buchalter.

  • AI Is Forcing FDA Medical Device Rules To Evolve

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    The U.S. Food and Drug Administration is looking to modernize its regulatory framework to keep up with the impact that adaptive artificial intelligence has had on medical devices, but the FDA has a lot of work to do to get from concepts to real regulation, say attorneys at Reed Smith.