Product Liability

  • January 27, 2010

    Wal-Mart Hit With Consumer Suit Over Service Plans

    A New Jersey shopper has launched a putative class action accusing Wal-Mart Stores Inc. of fraud and breach of contract for selling customers at its Sam's Club stores service plans on “as-is” items that are explicitly excluded from coverage under the plan.

  • January 27, 2010

    Subclasses Dismissed In Dentsply Negligence Case

    A federal judge has dismissed two periodontists, as well as the negligence and fraud claims brought on behalf of their respective subclasses, in a putative class action that accuses Dentsply International Inc. of providing dental practices with faulty Cavitron ultrasonic teeth-cleaning tools.

  • January 27, 2010

    Wis. Senate Passes Ban On BPA In Children's Products

    The Wisconsin Senate has unanimously approved a bill that would ban the use of bisphenol A in children's bottles and cups, making the state the latest to take action against the controversial chemical.

  • January 27, 2010

    Bayer Loses JMOL Bid In 2nd Rice Handling Trial

    A federal judge has denied Bayer AG's motion for judgment as a matter of law in the recently commenced second bellwether trial in multidistrict litigation over losses stemming from its handling of a strain of genetically modified rice, just as she did in December in the first trial of the MDL.

  • January 27, 2010

    Indoor Tanning Group Settles With FTC Over False Ads

    The Indoor Tanning Association has agreed to settle claims that it misled consumers about indoor tanning dangers, and will include warnings with some of its future advertisements, the Federal Trade Commission has said.

  • January 27, 2010

    Altria Unit Wants To Halt NYC Flavored Tobacco Ban

    U.S. Smokeless Tobacco Manufacturing Co. LLC, an Altria Group Inc. subsidiary that makes chewing tobacco, has asked a federal judge for a preliminary injunction that would prevent New York City from enforcing a ban on nearly all flavored tobacco products.

  • January 26, 2010

    In-House Counsel Name Favorite Litigators

    Litigators named by corporate counsel in a new report for providing excellent client service all seem to share one trait: a profound knowledge of their clients' businesses and goals.

  • January 26, 2010

    Novartis Reaches $185M Deal Over Off-Label Claims

    Novartis AG announced Tuesday that it will pay a $185 million fine to resolve criminal allegations that the drugmaker engaged in off-label marketing and promotion of epilepsy drug Trileptal.

  • January 26, 2010

    NY Considers Warning Labels For Energy Drinks

    New York has become the latest state to take action against the likes of Red Bull, Monster Energy, and PepsiCo Inc.'s Amp and Rockstar beverages, with a recently proposed bill in the state Legislature aiming to force makers of sugary energy drinks to post warning labels about the products' contents.

  • January 26, 2010

    Movement To Ban BPA Heats Up In State Legislatures

    The movement to ban controversial chemical bisphenol A in children's products has gained momentum, with one bill passing in the Washington state House of Representatives, another being introduced in Vermont and other state lawmakers considering taking action, according to environmental health advocates.

  • January 26, 2010

    Defect Sparks Massive Nipro Needle Recall

    More than 2 million needles made by Nipro Medical Corp. for Exelint International Corp. have been recalled amid worries that they may "core," or push silicone into patients' bodies, according to the U.S. Food and Drug Administration.

  • January 26, 2010

    Dell Appeals Nixed In Canadian Laptop Class Action

    Dell Canada Inc. has lost a bid to overturn two Canadian court rulings that stifled its attempt to force consumers to arbitrate claims over defective computers in favor of allowing them to pursue the case as a class action.

  • January 26, 2010

    Bausch & Lomb Appeals 'ReNu' Duty To Defend Loss

    Bausch & Lomb Inc. has asked the U.S. Court of Appeals for the Second Circuit to review a district court ruling that found its insurer did not have to indemnify the eye care giant for thousands of product liability claims over its ReNu contact lens solution.

  • January 26, 2010

    Obama Taps Hagen For Top USDA Food Safety Post

    President Barack Obama and U.S. Department of Agriculture Secretary Tom Vilsack have nominated Dr. Elisabeth Hagen to serve as the department's undersecretary for food safety, overseeing the nation's commercial supply of meat, poultry and egg products.

  • January 25, 2010

    J&J Unit Wins Bid To Nix Tylenol Product Liability Suit

    Relying heavily on a standard that determines the admissibility of scientific evidence in court, a New York judge has granted Johnson & Johnson unit McNeil-PPC Inc.'s bid to toss a consumer suit claiming that Tylenol caused her to develop cirrhosis of the liver.

  • January 25, 2010

    NJ High Court Ditches Rule On Public-Interest Atty Fees

    In a decision sparked by a wrongful termination suit, New Jersey's highest court has overturned a 20-year-old ruling that required public interest law firms to settle the claims in consumer fraud suits before discussing attorneys' fees.

  • January 25, 2010

    Norfolk Southern Escapes Suit Over Toxic Train Crash

    A federal judge has tossed a putative class action accusing Norfolk Southern Corp. of negligence in connection with a 2005 train derailment in which a tanker ruptured and released chlorine gas into the air, killing nine people in Graniteville, S.C.

  • January 25, 2010

    Jury Nails Architect For $2M Over Time Warner Arena

    A North Carolina jury has handed down a $2.38 million award to two subcontractors that sued architectural firm Ellerbe Becket over deficient designs it drafted for the Time Warner Cable Arena in Charlotte.

  • January 25, 2010

    7th Circ. Gives Shelter To Failed LearJet Class Suit

    The U.S. Court of Appeals for the Seventh Circuit has reversed an Illinois district court ruling that stripped a failed class action against LearJet Inc. of federal jurisdiction, finding that the lower court misinterpreted the Class Action Fairness Act.

  • January 25, 2010

    Asbestos Litigator Barwick Joins Duane Morris

    Product liability trial attorney William D. Barwick has made the jump to Duane Morris LLP, joining the firm's Atlanta office as a partner after 23 years at Sutherland Asbill & Brennan LLP.