Product Liability

  • March 10, 2009

    Jury Clears Kia In Liability Suit Over Sorento SUV

    A jury has found Kia Motors America Inc. and Kia Motors Corp. not liable for $30 million in personal and punitive damages, in a case involving safety provisions in Kia's Sorento line of SUVs.

  • March 9, 2009

    LP Off Hook For Repair Costs Over Faulty Siding

    Finding that a 14-year-old class action settlement with building products maker Louisiana-Pacific Corp. precluded Lester Building Systems from having to repair faulty LP-made siding on customers' hog barns, the Supreme Court of Minnesota has ruled that LP does not have to pay an additional $11.2 million in repair-cost damages to Lester.

  • March 9, 2009

    High Court Seeks SG Input In Banking Privacy Suit

    The U.S. Supreme Court has asked the acting solicitor general to weigh in on a case over whether a California law that restricts sharing of customer information among financial institutions is preempted by the federal Fair Credit Reporting Act.

  • March 9, 2009

    Tort Firm Bids To Sanction AIG In Defamation Case

    Wendler & Ezra PC is urging a federal judge to impose sanctions on American International Group Inc. for failing to turn over documents that allegedly relate to the insurer's investigation of a defamatory online posting meant to deter the tort law firm's potential clients.

  • March 9, 2009

    FDA Reprimands Gilead Over Letairis Statements

    The U.S. Food and Drug Administration has chastised Gilead Sciences Inc. for a sales representative's “false and misleading” statements that misbranded the hypertension drug Letairis and minimized “serious risks” associated with the medication.

  • March 9, 2009

    High Court Remands Cases In Light Of Wyeth

    Just days after the U.S. Supreme Court ruled in the key product liability case Wyeth v. Levine, the high court vacated and remanded two cases that also center on the issue of preemption.

  • March 10, 2009

    MarkWest Pipeline Fixes Not Insured: 10th Circ.

    Finding that several insurers were correct in denying coverage for remedial actions following a gas pipeline explosion, the U.S. Court of Appeals for the Tenth Circuit has affirmed a ruling against natural gas transmission company MarkWest Energy Partners LP, which had sued Liberty Mutual Insurance Co., Ace American Insurance Co. and others for alleged breach of contract and bad faith.

  • March 9, 2009

    Schering Merger Includes Legal Headaches For Merck

    As Merck & Co. prepares to join forces with Schering-Plough Co. in a $41.1 billion deal, the drugmaker stands ready to inherit a host of legal problems — including antitrust, employment, intellectual property and product liability suits — right along with an expanded arsenal of drugs and medical technology.

  • March 9, 2009

    Medtronic MDL Judge Refuses Recusal

    The federal judge overseeing multidistrict litigation involving Medtronic Inc.’s Sprint Fidelis defibrillator leads has refused to recuse himself from the proceedings despite allegations by the plaintiffs’ attorneys that he failed to disclose that his son works for a law firm with Medtronic connections.

  • March 9, 2009

    Preemption Motion Withdrawn In NuvaRing MDL

    Days after the U.S. Supreme Court's decision in Wyeth v. Levine, attorneys for Organon International Inc. in the multidistrict litigation over its NuvaRing contraceptive have withdrawn a motion that sought summary judgment on preemption grounds.

  • March 6, 2009

    Bill Aims To Give FDA Power To Recall Tainted Food

    In response to a series of foodborne illness scares, two U.S. lawmakers have unveiled a bill that would for the first time give the U.S. Food and Drug Administration the authority to recall contaminated food.

  • March 6, 2009

    Waffle Maker Accused Of Sugarcoating Nutrition Info

    The makers of a popular “all-natural” line of frozen waffles and the grocers who sell them, including Whole Foods Market Inc. and Trader Joe's Co., have been hit with a putative class action alleging that Van’s Waffles have double, sometimes triple, the amount of fat or calories listed on the packaging.

  • March 6, 2009

    Tobacco Cos. Win Dismissal Of Medicare Tax Spat

    A federal judge has snuffed out a suit against Philip Morris USA Inc. and other tobacco companies that sought to recover tax money spent on the treatment of Medicare patients’ tobacco-related illnesses.

  • March 6, 2009

    Snapple 'All Natural' Claims Don't Hold Water: Suit

    Snapple Beverage Corp. has been slapped with a putative class action that alleges the drink maker deceptively markets its drinks as “all natural” and that the products are not, as the company claims, “made from the best stuff on Earth,” but rather from artificial ingredients such as high-fructose corn syrup.

  • March 6, 2009

    Continental To Pay Up To $8M To Settle Tire Actions

    Two class actions accusing Continental Tire North America Inc. of selling tires it knew would wear prematurely came to a close Thursday as a federal judge approved a final settlement between the parties.

  • March 6, 2009

    House Committee Gives FDA OK To Regulate Tobacco

    The U.S. House of Representatives Energy and Commerce Committee has approved a measure that would place tobacco under the purview of the U.S. Food and Drug Administration.

  • March 5, 2009

    Judge Rejects Sanctions For WVa In Zyprexa MDL

    A federal magistrate judge in charge of discovery in the multidistrict litigation over Eli Lilly & Co.'s anti-psychotic drug Zyprexa has denied the drugmaker's motion for sanctions against West Virginia's attorney general, saying the state's failure to produce a usable Medicaid database was neither in bad faith nor willful.

  • March 5, 2009

    9th Circ. Shuts Down Laptop Defect Action Against HP

    A federal appeals court has affirmed the dismissal of a putative class action accusing Hewlett-Packard Co. of fraudulently concealing defects in its Pavilion-brand laptop computer screens in violation of California law.

  • March 5, 2009

    Claims V. Dow, Pharmacia Pared In CERCLA Suit

    A federal judge in Superfund litigation over a wood treatment facility in Minnesota has dismissed liability and breach of contract claims against Dow Chemical Co. and Pharmacia Corp. that allege they supplied a chemical that contaminated residential properties.

  • March 5, 2009

    DOJ Eyes Medtronic Cardiac Ablation Marketing

    The U.S. Department of Justice is taking a closer look at Medtronic Inc.'s marketing practices, reimbursement counsel and therapy delivery concerning its yet-to-be-approved medical tools aimed at controlling irregular heartbeats.