Product Liability

  • May 5, 2009

    SC Hospital To Appeal Cert. Denial In Suit V. Grace

    Anderson Memorial has revealed plans to appeal a bankruptcy court's denial of a motion to allow several South Carolina building owners whose structures allegedly contain asbestos to proceed with their case against bankrupt chemical maker W.R. Grace & Co.

  • May 5, 2009

    Lilly Loses Bid To Force Discovery In Zyprexa MDL

    The magistrate judge in charge of discovery in multidistrict litigation over Eli Lilly and Co.'s Zyprexa has refused a bid by the drugmaker to compel Mississippi to subject four health officials to questioning and hand over documents on the use of the blockbuster medication in state hospitals.

  • May 6, 2009

    Fox Rothschild Lands Ulmer & Berne Class Action Pro

    Fox Rothschild LLP has hired veteran complex commercial and mass tort litigator John Haggerty, who comes from Ulmer & Berne LLP and will split his time between the firm’s Philadelphia and Warrington, Pa., offices.

  • May 6, 2009

    FDA Warns P&G Over Contamination Risk At Plant

    The U.S. Food and Drug Administration has warned Procter & Gamble Co. about sanitation problems at a plant in Puerto Rico that produces over-the-counter drugs and Olay-brand cosmetics.

  • May 5, 2009

    FDA Tells Baxter To Tone Down Tisseel Marketing

    The U.S. Food and Drug Administration has taken Baxter International Inc. to task over alleged overstatements contained in the company’s marketing material for Tisseel, a surgical sealant.

  • May 5, 2009

    Covington Hires Food And Drug Co-Chair From FDA

    Covington & Burling LLP has hired Gerald Masoudi, former chief counsel for the U.S. Food and Drug Administration, as co-chair of its food and drugs practice group in its Washington office, the firm announced Tuesday.

  • May 4, 2009

    Nonparties Can't Help Class In Sanofi Suit: Judge

    The plaintiffs in a putative class action alleging Sanofi-Aventis U.S. LLC deliberately concealed the potential harmful effects of its antibiotic Ketek cannot conduct nonparty depositions at this stage in the litigation, a federal judge has ruled.

  • May 4, 2009

    SC To Weigh State Law's Use In Federal Class Suits

    Seeking to evaluate the control states have over federal class actions, the U.S. Supreme Court has agreed to review a decision in a putative class action against Allstate Insurance Co. that was filed in federal court but dismissed under a New York law barring such suits.

  • May 4, 2009

    5th Circ. Rejects Katrina Case Against Private Firms

    An appeals court has thrown out claims against private engineering and construction firms from litigation alleging that negligent design, construction and maintenance of a New Orleans canal contributed to levee breaches during Hurricane Katrina.

  • May 4, 2009

    Rheinmetall Plays Jurisdiction Card In Apartheid MDL

    German automotive and defense technology company Rheinmetall AG has asked a federal court to toss claims against the company in long-running litigation against several multinational corporations that allegedly helped the South African government persist in its apartheid policies.

  • May 4, 2009

    1st Circ. Returns Kash N' Karry Action To Fla. Court

    A federal appeals court has backed the home state exception of the Class Action Fairness Act and sent a putative class action over allegedly inadequate credit card protections on behalf of 1.6 million Kash N’ Karry Food Stores Inc. customers back to a Florida state court.

  • May 4, 2009

    Conn.'s Deposition Requests Limited In Zyprexa MDL

    The magistrate judge overseeing discovery in the multidistrict litigation over Eli Lilly & Co.'s anti-psychotic drug Zyprexa ruled Monday that the state of Connecticut may only conduct witness depositions related to Zyprexa’s marketing and sales programs since 2004, a smaller scope of discovery than the state had requested.

  • May 1, 2009

    7th Circ. Sends Product Liability Cases To Argentina

    A federal appeals court has upheld two lower court decisions that found Argentinean plaintiffs’ product liability actions filed in the United States against Bayer Corp. and Bridgestone/Firestone North American Tire LLC and others were brought in the wrong forum and should proceed in Argentina.

  • May 1, 2009

    5th Circ. Clears Engineers In $300M Texaco Suit

    Texaco Exploration and Production Inc. will not be able to recover $300 million in lost production from an engineering firm whose allegedly shoddy work delayed an oil rig's construction, after an appeals court ruled that the engineers were shielded from liability as “subcontractors” under a Texaco agreement.

  • May 1, 2009

    Hydroxycut Linked To Liver Damage, 1 Death: FDA

    The U.S. Food and Drug Administration recalled more than a dozen of Iovate Health Sciences Inc.’s popular Hydroxycut products on Friday after receiving reports of one death and 23 serious health problems resulting from the dietary supplements.

  • May 1, 2009

    Grace Tries To Quash Libby Claimants' Depositions

    W.R. Grace & Co. has asked a judge to enjoin a group of asbestos injury claimants who oppose the bankrupt chemical maker's reorganization plan from taking 17 video depositions, contending the testimony is irrelevant to the confirmation of the Chapter 11 plan.

  • May 1, 2009

    Girl Wins $18M In Damages After Ford Rollover

    A federal jury has awarded over $18 million in damages to a girl who sued Ford Motor Co. and others after a car she was riding in went out of control and rolled over numerous times, leaving her paralyzed.

  • May 1, 2009

    CPSC Probes Ties Between Drywall, Health Issues

    The U.S. Consumer Product Safety Commission has received more than 180 reports from residents in 13 states and the District of Columbia who suspect health problems or the corrosion of metal components in their homes are due to drywall imported from China.

  • May 1, 2009

    Lyondell Must Offer Up Liability Insurance Info: Judge

    A bankruptcy judge has ordered Lyondell Chemical Co. to produce information about its insurance policies, which may allow several product liability suits against the company to move forward.

  • May 4, 2009

    Court Battle Fires Up In W.Va. Coal Waste Actions

    Pretrial proceedings began Monday for more than 700 plaintiffs from several West Virginia communities alleging that Massey Energy Co. subsidiary Rawl Sales & Processing Co. destroyed their groundwater supply by injecting more than 1 billion gallons of coal slurry into abandoned mines.