Product Liability

  • November 05, 2020

    FDA Must Study Enviro Risks Of Genetically Engineered Fish

    A California federal judge Thursday told the U.S. Food and Drug Administration to look into the potential environmental consequences of genetically engineered salmon escaping into the wild, handing a partial win to green groups and a Native American tribe challenging the agency's approval of the fish.

  • November 05, 2020

    Allergan Can Sue Pfizer To Recoup Opioid Litigation Costs

    A New York appeals court has greenlighted Allergan Finance LLC's suit for defense and indemnification from Pfizer Inc. in nationwide opioid litigation, finding it has adequately pled the suits against it trigger an agreement between the companies.

  • November 05, 2020

    5th Circ. Won't Resurrect AIG's $15M Fracking Site Fire Claims

    The Fifth Circuit has agreed with a lower court that an AIG unit can't prove Caterpillar and another manufacturer are responsible for $15 million in damages for the failure of a fracking pump that was linked to a fire at a Texas well site.

  • November 05, 2020

    Actavis Can't Escape Testosterone Drug Warning Claims

    An Illinois federal judge won't give Actavis Inc. a quick win on claims that one of its testosterone drugs led to a user's stroke, finding that the company's duty to warn is not limited to a U.S. Food and Drug Administration-approved insert in the drug's packaging.

  • November 04, 2020

    Disgraced NFLers' Atty, Litigation Funder Settle Fraud Suit

    A litigation funder told an Illinois federal court Wednesday that it had reached a settlement in its fraud case against embattled Tallahassee, Florida, lawyer Tim Howard, who allegedly directed 31 NFL player clients to invest millions in loans from the funder.

  • November 04, 2020

    Ariz. Tribe Says It Has Immunity In Water Rights Suit

    The Ak-Chin Indian Community has urged a federal judge to toss a counterclaim in the tribe's suit alleging two Arizona water districts violated federal law by pumping groundwater into the tribe's water used for farming, saying the tribe never waived its sovereign immunity to the claim.

  • November 04, 2020

    BP Gets Win In Oil Spill Florida Injury Cases

    A Florida federal judge on Wednesday dismissed a group of bellwether cases in litigation over the 2010 BP Deepwater Horizon oil spill brought by state clean up workers and coastal residents who claimed they had health problems from the disaster, finding their expert testimony was flawed.

  • November 04, 2020

    Trump Unleashes Barrage Of Lawsuits In Battleground States

    With a path to electoral victory narrowing, President Donald Trump unleashed an onslaught of lawsuits and challenges Wednesday, suing to stop vote counting in Pennsylvania, Michigan and Georgia, promising to demand a recount in Wisconsin, and joining a U.S. Supreme Court suit over mail-in ballots.

  • November 04, 2020

    Honda Wants Crash Detector Class Action Nixed

    Honda Motor Co. asked a California federal judge Tuesday to toss a proposed class action that claims the car company hid defective crash detection systems from customers, saying the plaintiffs fail to state how the defects should have been resolved.

  • November 04, 2020

    Biomet Orthopedics Can't Duck Defective Hip Implant Suit

    A Michigan federal judge has refused to dismiss a woman's suit against Biomet Orthopedics LLC over an allegedly defective hip implant, finding her suit wasn't time-barred.

  • November 04, 2020

    Taylor Energy Fights Immunity Finding At 5th Circ. In Spill Suit

    Taylor Energy Co. LLC told the Fifth Circuit that a lower court was wrong to say that a contractor hired by the U.S. Coast Guard to help clean up an undersea oil leak is immune from Taylor's legal claims, arguing the lower court wrongly discounted conflicting information.

  • November 04, 2020

    McKesson Whistleblowers Fight Bid To Toss Opioid FCA Suit

    A pair of former McKesson Corp. employees are asking a California federal court not to toss their revised claims that the company falsely told the government it complied with security protocols to stop the diversion of opioids, saying the amended complaint fixes the issues that got the previous version dismissed.

  • November 04, 2020

    Costco Hit With Claims 'Grain-Free' Dog Food Contains Wheat

    A proposed class of consumers says Costco Wholesale Corp.'s Kirkland dog food purports to be "grain free" while in reality it contains wheat and other "unlisted ingredients," according to a suit filed in Washington federal court Tuesday.

  • November 04, 2020

    Senate Majority Still In Doubt As Races Tighten

    Several races that had not yet been called Wednesday will ultimately determine whether Republicans retain control of the U.S. Senate in 2021, leaving questions about everything from negotiations on a pandemic stimulus bill to pending judicial confirmations hanging in the balance.

  • November 04, 2020

    Biden Campaign Plays Down Trump High Court Threat

    A campaign adviser for former Vice President Joe Biden said the candidate is "not worried" about threats by President Donald Trump to go to the U.S. Supreme Court to block the counting of mail-in ballots in the contest, as Biden pulled ahead in another key swing state Wednesday morning.  

  • November 03, 2020

    Trump Vows To Contest Uncounted Ballots At High Court

    President Donald Trump vowed early Wednesday to challenge the results of the presidential election at the U.S. Supreme Court, slamming the election as a "fraud" and an "embarrassment to our country" even as ballots in key battleground states remained uncounted.

  • November 03, 2020

    The BigLaw Attorneys Battling Over An Undecided Election

    The most heavily litigated election in U.S. history remained undecided Wednesday morning, in a tight race that could turn on a legal battle in Pennsylvania over uncounted mail-in ballots, positioning a handful of high-profile attorneys at the center of lawsuits that could determine the next president.

  • November 03, 2020

    Don't Look To Bush v. Gore For 2020 Blueprint

    As the nation waits with bated breath for the results of the 2020 presidential contest, the prospect of litigation over mail-in ballots in battleground states has led to fear that it could once again come down to the Supreme Court to declare a winner. Here's why that's still a long shot.

  • November 03, 2020

    Senate — And Pandemic Relief — Still Hanging In The Balance

    Control of the U.S. Senate remained uncertain early Wednesday as the coronavirus outbreak slowed vote tallying, leaving in limbo a pressing agenda that includes pandemic relief, government funding and federal judge confirmations.

  • November 03, 2020

    Mondelez Sues Whey Supplier Over Salmonella Contamination

    Food giant Mondelez International on Monday accused a Minnesota cheese cooperative of selling whey powder contaminated with salmonella, an ordeal that ultimately forced Mondelez to institute a costly recall of Ritz branded products, according to a suit lodged in Illinois federal court.

  • November 03, 2020

    Online Talc Jury Trial Against J&J Ends In Mistrial

    A California judge has declared a mistrial in what appears to be the first virtual talc trial, halting the online jury proceeding against Johnson & Johnson and other companies after the health of the plaintiff, a cancer patient, declined sharply.

  • November 03, 2020

    Gov't Entities Seek Probe Of $1B Mallinckrodt Debt Swap

    A multistate government agency creditor group told a Delaware judge Tuesday that it should be given sufficient time to probe a swap of more than $1 billion of unsecured notes for roughly $820 million in lien-protected secured notes shortly before Mallinckrodt PLC's Chapter 11 filing.

  • November 03, 2020

    McKesson, 2 Other Distributors Ink $21B Opioid Settlement

    Three opioid distributors have agreed to pay up to $21 billion to settle sprawling litigation over their alleged role in fueling the opioid crisis that has destroyed countless Americans' lives, an attorney involved in the negotiations told Law360 on Tuesday.

  • November 03, 2020

    3rd Circ. Tosses Defect Claims Over Abbott Artery Device

    The Third Circuit on Tuesday sided with Abbott Laboratories in dismissing a suit alleging one of its devices was defective and failed during surgery, saying the plaintiffs can't plead state law claims that are parallel to federal law requirements without pleading what those federal requirements are.

  • November 03, 2020

    Bayer Budgets $2B To Settle Future Roundup Cancer Claims

    Monsanto's parent company Bayer AG said Tuesday it expects to pay $2 billion in a class settlement to resolve future claims that Roundup weedkiller causes cancer, increasing its original estimate of $1.25 billion.

Expert Analysis

  • Key Compliance Tips For 2020 TSCA Chemical Reporting

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    The Toxic Substances Control Act requires manufacturers and importers to report to the U.S. Environmental Protection Agency every four years on their use and disposal of certain chemicals — and with the next reporting deadline on Nov. 30 and recent changes to TSCA regulations, companies must focus on their reporting strategies, say attorneys at Pillsbury.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • 12 Tips For Presenting Evidence In Remote Trials

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    Adapting in-person methods of presenting evidence to a remote trial setting can seem daunting, but attorneys can display exhibits on a videoconference platform seamlessly with a little creativity and a lot of practice, say attorneys at Clarick Gueron.

  • The Latest Labeling Issues For Plant-Based Substitute Foods

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    Recent false advertising claims against Burger King’s plant-based Impossible Whopper and proposed federal legislation demonstrate why manufacturers and retailers of meat and dairy substitute products must evaluate labels carefully to avoid confusion and potential liability, say Joshua Briones and Nicole Ozeran at Mintz.

  • What Rejection Of EPA Immunity In Flint Suits Means For Cos.

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    After a Michigan federal court's ruling that the U.S. Environmental Protection Agency is not immune from negligence claims over the water crisis in Flint, Michigan, companies facing lawsuits related to their actions following EPA guidance should consider whether the agency shares some fault, say attorneys at Faegre Drinker.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • End Of EPA Virus Policy Poses Challenges For Cos.

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    Although the U.S. Environmental Protection Agency has terminated its temporary policy adjusting enforcement activities during the COVID-19 pandemic, many organizations have still not returned to normal operations, making standard compliance practices difficult, says Grant Gilezan at Dykema.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Opinion

    Gov't Must Review Auto Safety Regs To Foster New Tech

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    The U.S. Department of Transportation's recently announced audit of the National Highway Traffic Safety Administration's vehicle safety oversight process highlights the urgent need for broader federal review and revision of auto safety regulation to better address transformative new vehicle technologies, says Paul Hemmersbaugh at DLA Piper.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • A Mixed Ruling On Coupon Redemption Rates And Atty Fees

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    The Sixth Circuit's recent ruling in Linneman v. Vita-Mix Corp. affirmed that courts may use the lodestar method to determine class action attorney fees, but also found that coupon redemption rates may be relevant to the overall reasonableness of the fee award — highlighting two practical considerations for class action defendants, say attorneys at McGuireWoods.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

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