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Product Liability

  • May 6, 2019

    Claims Agent Defends New Rules In NFL Concussion Deal

    The claims administrator for the NFL's landmark concussion settlement has come out in defense of new medical rules that sparked opposition from players’ attorneys, calling them only tweaks that will help claims “glide through” the process and further underscoring the gap between both sides’ rhetoric.

  • May 6, 2019

    Fla. Atty Disbarred For Mishandling Clients' Cases

    A personal injury lawyer who once helped a woman get a $23.6 billion award in a tobacco case was disbarred Friday by the Florida Supreme Court after a series of malpractice complaints from clients who said their claims were extinguished while the attorney did nothing.

  • May 6, 2019

    Enviro, Profs Back $3M Hog Stench Victory In 4th Circ.

    The Fourth Circuit heard from an environmental group and law professors Friday that a North Carolina pork producer cannot dodge punitive damages that are part of a $3.25 million judgment over hog farm odors just because the company complied with a "weak" regulatory scheme.

  • May 6, 2019

    GNC Misleads Consumers On FDA Approval, Suit Says

    GNC is misleading customers into thinking its line of dietary supplements has been approved by the FDA by failing to include prominent disclaimers on the labels, which makes the supplements illegal drugs, according to a proposed class action filed in California federal court. 

  • May 6, 2019

    J&J Says Investors' Baby Powder Claims Already Disproven

    Johnson & Johnson pushed a New Jersey federal judge Friday to toss a proposed class action accusing it of deceiving investors about selling asbestos-ridden baby powder products, arguing that years of testing showed that the products were safe.

  • May 5, 2019

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’re global managing partners, lecturers in law, parents and former state prosecutors whose work in large-scale litigation has led to landmark victories and record-breaking deals. Law360 is honoring 10 influential plaintiffs lawyers who are champions in the courtroom and leaders in and outside their firms.

  • May 3, 2019

    Fiat's $307M Emissions Cheat Deal OK'd, Plus $66M To Attys

    A California federal judge Friday approved Fiat Chrysler's $307 million deal to end allegations it equipped diesel vehicles with emissions-cheating devices, along with an additional $66 million for plaintiffs' attorneys, saying he’s anxious to get the deal “on the road” and get the fixes done.

  • May 3, 2019

    Conviction Of Insys Execs Will Embolden Gov't In Opioid Fight

    A Boston jury sent a message that will both resonate in the pharmaceutical industry and embolden already aggressive opioid prosecutions when it convicted five former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, experts said after Thursday's landmark verdict.

  • May 3, 2019

    Customer Group Wants Ratepayer Committee In PG&E Ch. 11

    A consumer group is seeking to have a ratepayer committee appointed in the PG&E Corp. bankruptcy, saying despite the objections of the company, its unsecured creditors and the U.S. Trustee's Office that the utility's customers need representation in the case.

  • May 3, 2019

    Pa. Residents Say CSX Derailment Hurt More Than Physically

    Residents of a small Pennsylvania town who were evacuated in the aftermath of a fiery train wreck two years ago say that their proposed class action against CSX Transportation Inc. should move forward because the damages they sustained from the derailment were more than just monetary.

  • May 3, 2019

    Stryker Corp. Says XL Can’t Blame Judge For Settlement

    Stryker Corp. on Friday asked a Michigan federal judge to deny XL Insurance America Inc.’s bid to depose a former magistrate judge who presided over a 2009 settlement with Pfizer Inc. that Stryker claims was made in bad faith, saying XL is attempting to shift the blame for the deal on the judge.

  • May 3, 2019

    Kroger Says Coconut Milk False Ad Suit Doesn't Float

    Kroger has urged a California federal court to throw out a proposed class action it described as part of a "war on coconut products," saying allegations that a sidebar on its coconut milk packaging misleads customers about its fat content don't stand up to scrutiny.

  • May 3, 2019

    NFL Concussion Deal Financing Decision Ends Battle, Not War

    The Third Circuit has drawn a clear line on a judge’s authority to void settlement “advance” contracts with players in the NFL concussion settlement, but the decision will likely only fire up another round of legal wrangling about the controversial deals.

  • May 3, 2019

    VW Rips Pre-Scandal Car Sellers Who Say They're Victims

    Volkswagen doubled down on its bid to dump claims from drivers who sold their diesel vehicles before the emissions-cheating scandal broke, telling a California federal judge Thursday that the court already rejected the notion that they suffered financial losses.

  • May 3, 2019

    Special Master Defends Fee Divvy In $1.5B GMO Corn Deal

    Heninger Garrison Davis LLC "ignored established law" when it asked for $50 million to $60 million in fees for its work on a $1.51 billion settlement over Syngenta's genetically modified corn, a special master tasked with divvying up the attorney fees told a Kansas federal court Thursday.

  • May 3, 2019

    Supplement Co. Says FDA Crackdown On Stimulant Unlawful

    A Georgia dietary supplement company has filed a lawsuit accusing the U.S. Food and Drug Administration of using a "campaign of intimidation" to strong-arm the manufacturer into taking products containing the weight-loss aid DMHA off the shelves.

  • May 2, 2019

    New FDA Boss Details Wide-Ranging Enforcement Plan

    The newly christened leader of the U.S. Food and Drug Administration on Thursday outlined a muscular agenda, telling hundreds of lawyers that he will aggressively pursue illicit activities involving opioids, dietary supplements, stem cells and electronic cigarettes.

  • May 2, 2019

    FDA Won't Ban Breast Implants Linked To Cancer

    The U.S. Food and Drug Administration said Thursday that it won’t ban a certain textured breast implant linked to a type of cancer, even as it takes steps to strengthen warnings.

  • May 2, 2019

    Nature’s Path Acai Pastries Don’t Bear Fruit, Suit Says

    A proposed class of consumers is accusing Nature’s Path Foods USA Inc. of lying about how much acai berry it puts in its toaster pastries, saying the company markets the food based on its presence but only puts meager amounts into its foods.

  • May 2, 2019

    Lloyd's Insurer Sinks Coverage Fight Over La. Oil Spill

    A Lloyd's of London underwriting group doesn't have to cover oil and gas producer Apollo Energy's oil spill cleanup costs, a Louisiana federal judge ruled Wednesday, holding that Apollo waited too long to report its claim and dismissing the company's suit.

Expert Analysis

  • Opinion

    After Air Crashes, Prompt Compensation Is The Best Option

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    With Boeing's 737 MAX aircraft grounded worldwide, and investigations underway into two recent crashes, Boeing, the airlines involved and their insurers can choose either to engage in years of unnecessary and costly lawsuits or move quickly to compensate the families of the passengers, says Robert Alpert of the ICALM Group.

  • The Latest On Vapor Intrusion Regs In Calif.

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    Recent and upcoming vapor intrusion policies from California environmental regulators will increase the number of properties investigated, shift the focus to indoor air sampling, and possibly affect real estate transactions, say Catherine Johnson and Dorothy Dickey of Environmental General Counsel LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Illinois Has Raised Liability Risk For Nonmanufacturer Cos.

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    In Cassidy v. China Vitamins, the Illinois Supreme Court overturned previous interpretations of Illinois law that shielded nonmanufacturer defendants in strict product liability cases. Distributors and retailers may now find it useful to take a hard look at the value of their relationships with lawsuit-prone foreign manufacturers, says Symone Shinton of Greenberg Traurig LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.