Product Liability

  • April 22, 2009

    Universal ABC Recalls Diet Pills Over Sibutramine

    Universal ABC Beauty Supply International Inc. has issued a voluntary recall for a line of slimming dietary supplements that contain undeclared amounts of Sibutramine, a weight loss drug that requires approval by the U.S. Food and Drug Administration.

  • April 22, 2009

    Insurers Trim Pentair's $30M Indemnity Suit

    A federal judge has trimmed the claims in Pentair Water Treatment (OH) Co.’s lawsuit against its insurers to recover $30 million the water filter manufacturer paid over the outbreak of Legionnaires' disease on a cruise ship in 1994.

  • April 22, 2009

    EPA Probe Shouldn't Hold Up Chrysler Suit: Judge

    A magistrate judge has recommended that a putative class action brought by a group of Ohio residents over contamination allegedly emanating from a former Chrysler Motors LLC plant should proceed, rejecting Chrysler's bid to stay the case pending a U.S. Environmental Protection Agency investigation into the site.

  • April 23, 2009

    DuPont, Others To Offer Deals In Hanford Case: Atty

    DuPont Co. and other defendants in the epic litigation over radiation from a Washington state outpost of the Manhattan Project will make settlement offers to a small number of the remaining 2,100 plaintiffs, the defendants' lead attorney has confirmed.

  • April 22, 2009

    Brazilians Target Eli Lilly, Others Over Toxic Waste

    More than 40 Brazilians have sued a slew of companies — including Eli Lilly and Co., the Dow Chemical Co., Shell Oil Co., American Cyanamid Co. and BASF Corp. — alleging that they have been dumping toxic chemicals in Brazil for decades, some of which have been banned in the U.S.

  • April 22, 2009

    Montrose Insurer Rails Against $6M Latham Fees

    An insurance company has lashed out at Latham & Watkins LLP for allegedly overcharging Montrose Chemical Corp. of California for defense of a long-running toxic tort case and has asked a California court to order the firm and its client into arbitration.

  • April 22, 2009

    Shipyard Workers Awarded $14M In Asbestos Suits

    A Philadelphia jury has awarded $14 million in damages to three former U.S. Navy veterans who developed fatal cases of mesothelioma after allegedly being exposed to asbestos at a naval shipyard.

  • April 21, 2009

    Guidant Fights 3rd-Party Payors' Class Action Appeal

    Guidant Corp. is lashing out at a bid by third-party health care providers to appeal the dismissal of their proposed class action claims against the company over its recalled implantable heart defibrillators, arguing that the plaintiffs are "blatantly attempting to relitigate" issues previously decided by the court.

  • April 21, 2009

    Crane To Pay $18M To Settle 'Lumpy' RV Suit

    Crane Co. has agreed to pay nearly $18 million to settle a suit brought by Coachmen Industries Inc. over defective recreational vehicle sidewall materials, nearly three months after a jury found Crane liable for the defects.

  • April 21, 2009

    3rd Circ. Revives Liability Suit Over Girl's Lost Foot

    Finding that injured bystanders have the right to bring strict liability and negligence claims against a product's manufacturer, a federal appeals court has reversed a lower court's ruling of summary judgment for a lawn mower maker in a suit over an incident that cost a young girl her foot.

  • April 21, 2009

    Termination Fee Plaintiff Wants Lawyer Sanctioned

    A plaintiff who objected to a $17.5 million deal with Sprint Nextel Corp. in a class action over early termination fees has moved to sanction an attorney who the plaintiff claims withdrew the objection without consent.

  • April 21, 2009

    Homeowners Seek Class Cert. In Faulty Plumbing Suit

    The lead plaintiffs in a proposed class action against Uponor Inc. and several plumbing and distributing companies over allegedly defective plumbing system parts have moved for class certification on behalf of certain Nevada homeowners whose Wirsbo PEX plumbing systems contain zinc-laden brass fittings.

  • April 21, 2009

    Paralyzed Driver's Claims Against JB Hunt Revived

    The claims of a truck driver who was left a quadraplegic after an accident and argued that his former employer J.B. Hunt Transport Inc. destroyed parts of the crashed truck, thus impeding his efforts to prove his claims in a products liability suit, are not barred by the state's Workers' Compensation Act, the Pennsylvania Superior Court held.

  • April 21, 2009

    Asbestos MDL Plaintiffs Ordered To Amend Suits

    A judge has ordered nearly 900 plaintiffs in asbestos product liability multidistrict litigation to file severed and amended complaints within 60 days, finding that the plaintiffs' claims do not involve injuries arising from the same transactions or occurrences.

  • April 20, 2009

    Biomet Targeted In DOJ's Bone Growth Device Probe

    Biomet Inc. has revealed that it received a subpoena from the U.S. Department of Justice in connection with the company's osteogenesis and bone growth stimulation devices, just days after fellow medical device maker Smith & Nephew PLC made a similar announcement amid an ongoing probe into the sales and marketing of such products.

  • April 20, 2009

    Prudential Insurer Loses Cert Bid In Asbestos Case

    The U.S. Supreme Court has paved the way for thousands of former seamen at bankrupt shipping company Prudential Lines Inc. to receive payments for asbestos-related injury claims, rejecting an appeal Monday from the shipper's insurer, which took issue with the trustee's proposed payment structure.

  • April 20, 2009

    Kellogg, FTC Settle Over Brain-Boosting Cereal Ads

    Kellogg Co., one of the world’s largest cereal producers, has reached a deal with the Federal Trade Commission over claims of false advertising related to the company's assertion that Frosted Mini-Wheats can improve children’s attentiveness by nearly 20 percent.

  • April 20, 2009

    E&O Spat Over CSX-Peirce Battle Heads To W.Va.

    In a dispute over insurance coverage for fraud and racketeering claims brought by CSX Transportation Inc. against asbestos litigation firm Peirce Raimond & Coulter PC, a federal judge has granted the law firm’s request to transfer the case to the Northern District of West Virginia.

  • April 20, 2009

    Mercury In Tuna Class Action Not Out Of The Water

    The U.S. Supreme Court has declined to hear a case filed against the maker of Chicken of the Sea tuna that alleges the company failed to warn consumers about the product’s mercury concentrations, allowing a circuit court's revival of the putative class action to stand.

  • April 20, 2009

    Trasylol Plaintiffs Fight Bayer For 'Privileged' Docs

    Bayer AG is facing calls by plaintiffs in multidistrict litigation over its blood-clotting drug Trasylol to hand over thousands of documents the pharmaceutical company claims are protected by attorney-client privilege.