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Product Liability

  • May 10, 2019

    Gilead Must Face Bulk Of Patients' Suit Over HIV Drugs

    A California federal judge on Friday allowed the bulk of a suit from a group of patients accusing Gilead Sciences Inc. of hiding that its HIV drugs are toxic to users’ kidneys and bones to move forward, but agreed to narrow the scope of the case.

  • May 10, 2019

    Allstate Says It's Not Liable To Cover Md. Lead Paint Claims

    Allstate Insurance said in Maryland federal court Friday that it does not have to cover property owners being sued in state court over lead poisoning allegedly caused by contaminated paint at a Baltimore home they owned.

  • May 10, 2019

    Dunkin' Tells 2nd Circ. No Meat To Suit Over Angus Steak Ads

    Dunkin’ Donuts says a woman claiming the chain falsely advertised the kind of Angus steak it was putting in its sandwiches "gives consumer class actions a bad name" and urged the Second Circuit to throw out an appeal seeking to revive her suit.  

  • May 10, 2019

    Coke Pays $2.5M To Settle Suit Over Ginger Ale Labels

    The Coca-Cola Co. has agreed to a roughly $2.5 million deal to settle claims that the "made with real ginger" labeling on its Seagram's ginger ale is misleading, the last in a trio of similar proposed class actions to settle this year.

  • May 10, 2019

    Settlement Brewing In Coffee Pod False Marketing Suit

    An eve-of-trial settlement has been reached in a class action alleging Sturm Foods Inc. and parent company TreeHouse Foods Inc. falsely marketed their single-serve coffee pods, according to a text order from an Illinois federal judge Thursday.

  • May 10, 2019

    Apple Dodges Atty's FaceTime Eavesdropping Suit

    A Texas federal judge has tossed an attorney’s suit alleging that a flaw in Apple’s FaceTime app allowed someone to listen in and record a private deposition he had with a client, saying the lawyer hadn’t shown that the product was unreasonably dangerous.

  • May 9, 2019

    J&J Can't Transfer 2,400 Talc Suits To Del. Fed. Court

    Johnson & Johnson lost an emergency bid to transfer 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to Delaware federal court Thursday when a judge found that the company failed to establish that transfer is warranted.

  • May 9, 2019

    SEC Fraud Suit Roils VW Bid To Shake Emissions Scandal

    The U.S. Securities and Exchange Commission's allegations that Volkswagen fraudulently raised billions of dollars through bonds while failing to mention that scores of its vehicles flouted emissions standards throws a wrench in the German automaker's attempts to move past its "clean diesel" emissions scandal.

  • May 9, 2019

    Spectrum Can't Shake CPSA Fines For Coffee Pots In 7th Circ.

    A Seventh Circuit panel on Thursday upheld the government's Consumer Product Safety Act claims against Spectrum Brands Inc., ruling the company can't outrun the clock on the act by not reporting on defects in one of its coffee makers for more than five years.

  • May 9, 2019

    Rawlings Bat False Ad Suit Gets Two Strikes, But Not Out

    A California federal judge has ruled that a proposed class of baseball bat buyers can take a swing at Rawlings over claims that the company's bats are heavier than advertised, finding that four out of six counts in the suit can go forward.

  • May 9, 2019

    Chipotle Customers Fight Bid To Decertify Non-GMO Suit

    Chipotle consumers have urged a California judge to reject the restaurant chain's bid to decertify three classes alleging it falsely advertised that its food was made with only nongenetically modified ingredients, saying Chipotle has nothing new for the court to review.

  • May 9, 2019

    Group Wants Pause During Lake Erie Law Intervention Appeal

    The citizen group behind a Toledo, Ohio, law establishing an expansive "bill of rights" for Lake Erie urged a federal judge Wednesday to pause litigation challenging the measure while it appeals the denial of its intervention request, saying the Sixth Circuit will likely take its side.

  • May 8, 2019

    Smucker's Escapes Portions Of Olive Oil Labeling Suit

    A California federal judge has pared back a proposed class action claiming The J.M. Smucker Co. duped customers by misleadingly labeling products as extra virgin olive oil, according to a Wednesday order.

  • May 8, 2019

    Olympus Stuck In Endoscope ‘Superbug’ Exposure Suit

    A California judge denied Olympus America Inc.’s bid Wednesday to escape claims that a defective medical scope caused a patient to contract an antibiotic-resistant “superbug," rejecting its argument that the patient must show the device was properly cleaned yet still carried the bug.

  • May 8, 2019

    FDA 'Heatstick' OK Clouds Agency's Youth Vaping Campaign

    The U.S. Food and Drug Administration's decision to approve Philip Morris' heated tobacco device sets a high bar for other heated tobacco products looking to enter the market, but the agency’s action seems at odds with its recent campaign against youth vaping and has some public health advocates scratching their heads.

  • May 8, 2019

    'Punish' Monsanto With $1B Roundup Verdict, Calif. Jury Told

    Before a packed courtroom that included "JFK" director Oliver Stone and environmental activist Robert Kennedy Jr., counsel for a couple claiming Monsanto's Roundup caused their cancers asked a California jury to "punish" the Bayer AG unit and award them a blistering $1.055 billion in damages.

  • May 8, 2019

    BakerHostetler Fights 'Indefensible' DQ In Opioid MDL

    BakerHostetler on Wednesday asked the Sixth Circuit to vacate an Ohio judge's decision to disqualify the firm from representing Endo Pharmaceuticals in two bellwether cases in the multidistrict opioid litigation, saying the decision will affect the entire MDL.

  • May 8, 2019

    EPA Landfill Rule Decision Firms Up States' Right To Sue

    The U.S. Environmental Protection Agency's failed attempt to convince a California federal judge to take a narrow view of a Supreme Court case and block states from challenging inaction on Obama-era landfill emission regulations means states will have an easier time taking on the agency in court.

  • May 8, 2019

    Calif. Enviro Authorities Move To Ban Unsafe Pesticide

    California environmental authorities announced on Tuesday that they have decided to ban chlorpyrifos, a pesticide linked to negative health impacts that has been at the center of a federal lawsuit seeking to force the U.S. Environmental Protection Agency to also prohibit the product.

  • May 8, 2019

    Lanier Firm Accused Of Flubbing Deepwater Claim

    The Lanier Firm and a former partner were hit in Texas state court Tuesday with a malpractice lawsuit alleging their negligence in handling an Alabama woman's personal injury claims stemming from the Deepwater Horizon explosion led to a federal judge's decision to dismiss the claims.

Expert Analysis

  • Opinion

    Amended EU Class Action Proposal Is A Loss For Consumers

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    The U.S. Chamber of Commerce is poised to neuter the European Commission's collective action proposal — intended to let EU consumers challenge corporate misconduct — with a series of debilitating amendments that the Council of the EU must fight back against, says Laura Antonini of the Consumer Education Foundation.

  • CBD Scrutiny May Signal Broader FDA Enforcement Trend

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    The U.S. Food and Drug Administration's actions regarding cannabidiol-containing products — including three warning letters issued last week to companies marketing CBD products — appear to be part of a larger effort by the agency to increase review of the dietary supplement industry, say attorneys with Epstein Becker Green.

  • Opinion

    Time For More Interlocutory Review Of MDL Court Decisions

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    Increasing the availability of appellate review for multidistrict litigation court decisions on an interlocutory basis could provide valuable guidance to MDL courts and increase their efficiency in resolving cases, says Douglas Smith of Kirkland & Ellis.

  • Unanswered Questions On FDA-USDA Cell Culture Agreement

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    The U.S. Food and Drug Administration and the U.S. Department of Agriculture are dividing up regulatory responsibility for food produced using cell culture technology. But with few details on premarket evaluations, oversight procedures and labeling, companies remain unsure how to proceed, say Robert Hibbert and Amaru Sanchez of Morgan Lewis. 

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • The Important Reasons DOJ Wants To Toss Gilead FCA Case

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    False Claims Act defendants’ ears should be all perked up since last week’s U.S. Department of Justice motion to dismiss Gilead v. U.S., as it is based on the frequent defense argument that the FCA wasn’t intended to allow relators to second-guess regulatory decision-making, says Derek Adams of Feldesman Tucker.

  • When Advertisers Are Liable For Claims In Reviews

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    In a recent case involving water filter systems, the National Advertising Division provided important guidance on the extent to which an advertiser is responsible for claims made by consumers on third-party retail sites and known by the advertiser to be inaccurate or unsupported, says Terri Seligman of Frankfurt Kurnit.

  • New Calif. Packaging Law Cuts Companies Some Slack

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    New safe harbor provisions in California’s slack-fill law offer welcome relief to food and consumer product companies, and may make multimillion-dollar slack-fill settlements — and the litigation they incentivize — less common, say William Tarantino and Megan Ault of Morrison & Foerster.

  • Opinion

    Kisor Case May Positively Disrupt Technological Governance

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    If the U.S. Supreme Court decision in Kisor v. Wilkie lowers standards for judicial deference, it will help clear the path for positive disruptions that certain technologies can bring to our lives, says Jennifer Huddleston of the Mercatus Center at George Mason University.

  • Climate Change And Insurance: Learn From MTBE, Asbestos

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    While climate change litigation is a relatively nascent development, liability insurers have historically faced emerging risks like claims arising from methyl tertiary butyl ether and asbestos. Climate change suits will likely present similar issues, say Kristin Suga Heres and Jeffrey Gordon of Zelle LLP.