Product Liability

  • November 12, 2020

    Ex-Insys Exec Who Flipped Seeks COVID-19 Prison Delay

    A former Insys executive who was convicted in a scheme to bribe doctors to prescribe opioids and who testified against his former colleagues asked a Massachusetts federal judge for another continuance of his prison sentence due to COVID-19, joining four of the executives he testified against who recently made similar requests.

  • November 12, 2020

    Sanofi Must Face Cancer Drug FCA Claims At Trial

    A Pennsylvania federal judge on Thursday handed drugmaker Sanofi U.S. Services Inc. a win on some allegations in a whistleblower's 18-year-old False Claims Act lawsuit, but allowed other claims that the drugmaker misleadingly promoted off-label uses for its cancer therapy drug to head to trial.

  • November 12, 2020

    States Say $8.3B Purdue Opioid Deal Flouts Bankruptcy Rules

    A group of states on Tuesday voiced opposition to Purdue Pharma LP's $8 billion OxyContin settlement with the federal government, saying that the plan puts the bankruptcy case parties in a "straitjacket."

  • November 12, 2020

    Boeing Dodges Retirement Savers' Inflated-Stock Claims

    An Illinois federal judge on Thursday threw out a group of Boeing retirement plan participants' claims that the company unlawfully inflated its stock price by hiding issues with its 737 Max jets, but gave them another chance to plead their case.

  • November 12, 2020

    $120M Olin Cleanup Deal Based On Lies, Insurer Says

    Lamorak Insurance Co. on Thursday urged a court to rescind a $120 million settlement for environmental cleanup costs with weapons and industrial chemical maker Olin Corp., while Olin asked for an extra $26 million to max out its policy limits.

  • November 12, 2020

    Norwegian Air Says Boeing Can't Delay $1B Plane Fight

    Norwegian Air is fighting a push by a European unit of The Boeing Co. to delay discovery in the airline's $1 billion lawsuit over allegedly defective jets pending a hearing that could toss the case or send it back to state court, saying such a stay would be "highly inequitable" as similar litigation moves forward elsewhere.

  • November 12, 2020

    Berger Montague, Capstone, Coleman To Lead Subaru Case

    Berger Montague PC, Capstone Law PC and Greg Coleman Law PC have snagged interim lead counsel roles in a proposed class action alleging certain Subaru of America Inc. models have a sudden-acceleration defect that the automobile giant didn't reveal to consumers.

  • November 12, 2020

    Funds Slam Southwest's 2nd Bid To Ground Safety Lapse Suit

    Investors asked a Texas federal judge Wednesday to reject Southwest Airlines' second bid to thwart class allegations that it schemed for years to conceal a record of safety lapses, which came to light after a deadly 2018 engine explosion.

  • November 12, 2020

    Ginger Soda False Ad Claims Can't Take Root, Judge Finds

    A Massachusetts federal judge has thrown out claims in a proposed class action alleging Polar Corp.'s ginger ale products are falsely advertised as containing real ginger, saying the plaintiff's admission that ginger is among the ingredients dooms her suit.

  • November 10, 2020

    9th Circ. Nixes $14.8M Atty Fees In Dishwasher Defect Deal

    The Ninth Circuit sent back a lower court's approval of $14.8 million in fees for the attorneys representing a class of millions of owners of allegedly defective Sears and Whirlpool dishwashers, ordering it to determine the value of the settlement, which provides coupons to much of the class.

  • November 10, 2020

    Biden Taps Obama Staffers, Greens For Agency Review Teams

    President-elect Joe Biden on Tuesday announced that he's picked a diverse team of former Obama administration officials, green group advocates, academics and attorneys to lead a review of federal agencies overseeing environmental, energy, Native American and other matters before he takes office.

  • November 10, 2020

    GSK Says FDA Rejected Zofran Label Change

    GlaxoSmithKline on Monday told a Massachusetts federal judge overseeing multidistrict litigation over its anti-nausea medicine Zofran that the U.S. Food and Drug Administration has rejected a proposed label change that would have added birth defect warnings.

  • November 10, 2020

    Kombucha Maker Pushes For Coverage Of False Ad Suit

    The maker of kombucha sold at Trader Joe's Co. and Safeway Inc. is asking a Colorado federal court not to side with its insurer in a dispute over whether the beverage maker is owed coverage for false advertising suits, saying the underlying suits allege injuries that trigger the policy.

  • November 10, 2020

    Boeing Defends Withholding Crash Docs In 737 Max RICO Suit

    Boeing said it's temporarily barred by the National Transportation Safety Board from sharing information on the Lion Air and Ethiopian Airlines crashes while investigations are ongoing, and consumers spearheading a Texas racketeering case over the 737 Max are misconstruing disclosure rules to try and gain access to information.

  • November 10, 2020

    Champion Dog Food Buyers Urge 9th Circ. To Revive Cert. Bid

    Customers alleging that Champion Petfoods offers misleading dog food ingredient labels urged the Ninth Circuit Tuesday to revive their certification effort, saying the variety of marketed flavors does not negate common issues affecting all buyers, including the presence of heavy metals and Champion's use of expired and frozen ingredients.

  • November 10, 2020

    CVS, Rite Aid Say Doctors Also Liable For Prescribing Opioids

    Pharmacy chains including CVS and Rite Aid on Monday swung back at a bid by two Ohio counties to strike the chains' claims against health care workers who wrote opioid prescriptions, saying their arguments rest on "fiction."

  • November 10, 2020

    Boehringer To Settle 3K Pradaxa Bleeding Risk Cases

    Boehringer Ingelheim Pharmaceuticals Inc. told a Connecticut appeals court it has an agreement in principle to settle 2,935 lawsuits across the country over the bleeding risks of its blood thinner Pradaxa.

  • November 10, 2020

    Boeing Defeats Southwest Pilot Union's Wage Suit

    A Texas state court judge has tossed a suit alleging Boeing's misrepresentations about its 737 Max jet cost Southwest Airlines pilots tens of millions of dollars in lost wages, agreeing with Boeing that the airline's union can't file claims on behalf of the individual pilots.

  • November 10, 2020

    Exxon Fights To Keep Minn. Climate Fraud Suit In Fed. Court

    Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute have asked a Minnesota federal judge to keep the state's lawsuit accusing them of deceiving consumers about climate change-related risks in federal court.

  • November 10, 2020

    Breadcrumb Buyers Get Class Cert. In Kroger False Ad Row

    A California federal judge has granted class certification to consumers alleging The Kroger Co. falsely claimed its breadcrumbs had no trans fats, saying despite some lack of diligence on the named plaintiff's part, the case is suitable to go ahead with a California class.

  • November 09, 2020

    4 Key Developments As US Coronavirus Cases Hit 10M

    President-elect Joe Biden on Monday announced a blue-ribbon panel of pandemic advisers, Pfizer Inc. reported that its coronavirus vaccine candidate appears strikingly effective, and confirmed COVID-19 cases in the U.S. climbed to roughly 10 million amid signs that the crisis is rapidly intensifying.

  • November 09, 2020

    Grocer Secures Defense Coverage In Opioid Injury Suits

    A Pennsylvania federal judge on Monday ruled that a pair of excess insurers must fund grocery store chain Giant Eagle Inc.'s defense of several underlying suits alleging its pharmacies contributed to the opioid epidemic, finding that the suits are seeking potentially covered bodily injury damages.

  • November 09, 2020

    7-Eleven Uses Starbucks Win To End Prop 65 Coffee Warnings

    A California judge ruled Monday that major coffee retailers including 7-Eleven and Yum Yum Donuts Shops don't need to display Proposition 65 cancer warnings as required by a 2017 settlement, agreeing they should be freed from the requirement after Starbucks and other nonsettling retailers prevailed in the same litigation.

  • November 09, 2020

    Samsung Wants Galaxy S7 Water Resistance Suit Flushed

    Samsung Electronics America Inc. is asking a New Jersey federal court to throw out a proposed class action alleging it misled buyers about how water-resistant the Galaxy S7 line of phones is, saying the complaint makes nothing but bare-bones allegations that don't meet pleading standards.

  • November 09, 2020

    McKesson Says Ex-Exec's Opioid Guilty Plea Is Inadmissible

    McKesson Corp., one of the companies at the center of national litigation over the opioid crisis, is looking to block the details of its former director of regulatory affairs' guilty plea from its upcoming trial against two West Virginia local governments, telling a West Virginia federal court that the information is hearsay and doesn't qualify for an exception under federal regulations.

Expert Analysis

  • What To Know About FDA's 'Intended Use' Proposed Rule

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    A recently proposed rule from the U.S. Food and Drug Administration provides helpful clarity on what qualifies as evidence of new intended uses for drugs and medical devices, but also raises constitutional and statutory questions, says Coleen Klasmeier at Sidley.

  • Key Takeaways From Groundbreaking Virtual Civil Jury Trial

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    The nation's first online jury trial with a binding verdict — Griffin v. Albanese Enterprise in Florida’s Fourth Judicial Circuit Court — recently provided crucial insights into how to better prepare for virtual voir dire and trial, says Kevin-Khristián Cosgriff Hernández at Delphi Litigation.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Pandemic-Era Civil Jury Trials Require Constitutional Scrutiny

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    Courts should carefully consider the constitutional rights of litigants before restarting civil jury trials amid the pandemic, because inadequate remote voir dire procedures and evidentiary handicaps due to health safety measures could amount to the denial of a fair trial by an impartial jury, say attorneys at Rumberger Kirk.

  • FCA Materiality Standard's Odd Application To Payment Terms

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    A recent Pennsylvania federal court's decision in U.S. v. Sanofi highlights a puzzling aspect of False Claims Act materiality, under which failure to satisfy a condition of payment does not necessarily satisfy the materiality requirement to trigger FCA liability, says Geoffrey Kaiser at Kaiser Law.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • The Heeding Presumption's Evolving Role In Pharma Suits

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    Regardless of a forum state's approach to the heeding presumption — which provides that a seller may presume that its warnings of a product's risks will be read and heeded — a pharmaceutical defendant's insulation from liability will depend on the quality of prescriber testimony, say attorneys at Winston & Strawn.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • Opinion

    Time To Fix Human Rights Abuses In US Gov't Supply Chains

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    The U.S. government buys goods made in global supply chains where human and labor rights violations are commonplace, so to drive better rights compliance among contractors, it should adopt six key reforms to the federal procurement process, says Isabelle Glimcher at the New York University Stern School of Business.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • Key Contractual Protections For Cos. In The PPE Space

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    The market for personal protective equipment has evolved rapidly during the COVID-19 pandemic, so companies operating in this space should insist on certain contractual protections to minimize risk and address fraud, quality control, government regulations and other important legal issues, say James Chou and Alex Corey at Moritt Hock.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

  • Jury Selection Implications Of Pandemic's Mental Health Toll

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    The pandemic's potential negative impact on mental health is a concern for defendants in civil cases as anxious jurors may be sympathetic to a plaintiff and act quickly during trial, making it critical to ferret out these attitudes during voir dire, says Julie Campanini at Magna Legal Services.

  • Law Firm Social Responsibility Strategies In The New Normal

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    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

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    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

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