Product Liability

  • 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.

  • April 20, 2009

    Texas Sen. Backs Lower Bar For Mesothelioma Claims

    Texas senators on Monday approved legislation that relaxes the state’s standard for establishing product liability for asbestos exposure in malignant mesothelioma cases, striking a blow at a 2007 Texas Supreme Court decision that set some of the strictest causation standards nationwide in asbestos cases.

  • April 20, 2009

    Supreme Court Rejects Jailed Fen-Phen Atty's Appeal

    The U.S. Supreme Court has declined to hear an appeal from a mass torts attorney who was convicted of conspiracy and fraud and sentenced to more than 6 years in prison for his alleged role in millions of dollars worth of fraudulent claims for fen-phen settlement funds.

  • April 17, 2009

    'Cut-And-Paste' Suit Over Bumbo Seats Tossed

    A federal judge has dismissed a proposed class action against Bumbo Ltd. and Target Corp. claiming that Bumbo's baby seats are unsafe, saying it lacks factual allegations.

  • April 17, 2009

    VW Wins Import Duty Allowance For Emissions Fixes

    In a long-running dispute over U.S. customs’ import duties on Volkswagen of America Inc.’s automobiles, the U.S. Court of International Trade has ruled on remand that the automaker is due allowances for repairs it performed to meet federal emissions standards.

  • April 17, 2009

    Court OKs Deal Valued At $61M Over Faulty GM Parts

    A federal judge has granted final approval to a settlement conservatively valued at $61 million that resolves litigation over allegedly defective transmission systems in certain Saturn VUE or ION models made by General Motors Corp. between 2002 and 2005.

  • April 17, 2009

    Tight Pants Theory Doesn't Fly In Suit Over Enviga

    A federal judge has dismissed a proposed class action accusing The Coca-Cola Co. of falsely marketing its Enviga green tea soft drink as a “calorie-burning” product, finding that “more tightly fitting pants” is not valid proof that Enviga does not work as advertised.

  • April 17, 2009

    CPSC Votes To Delay Lead Rules For Kids' ATVs

    The U.S. Consumer Product Safety Commission has voted to stay enforcement of its new lead requirements for children's all-terrain vehicles until May 2011, saying that enforcing the rule immediately would endanger children by encouraging them to ride adult-sized ATVs.

  • April 17, 2009

    Judge Won't Reconsider Duty-To-Defend Bid V. Attys

    A federal judge has declined to reconsider her refusal to grant summary judgment to an insurer seeking to get out of defending a law firm accused of taking kickbacks in silicosis liability settlements.

  • May 22, 2009

    Coverage May Be Tricky For Food Recalls: Lawyers

    Food companies have been hit hard with lawsuits and recalls from recent contamination scares, leading many to turn to insurance policies to recoup losses. But businesses are finding that their policies may exclude such claims, potentially sparking disputes, insurance lawyers say.

  • April 20, 2009

    Ill. High Court Hands Weil-McLain Win In Asbestos Suit

    The Illinois Supreme Court has reversed an earlier judgment against heating and air-conditioning component maker Weil-McLain, ruling that the company should have been permitted to offer evidence that a former pipe fitter’s asbestos-related illness was mostly caused by other exposure sources.

  • April 17, 2009

    'Separate Disease' Rule Applies In Asbestos Suit: Ct.

    A case seeking damages for mesothelioma contracted from exposure to asbestos products produced by A.W. Chesterton Inc., U.S. Supply Co. and Duro-Dyne Corp. will continue in a Pennsylvania trial court, even though the plaintiff has already recovered damages for a separate cancer related to that exposure, the state's superior court has ruled.

  • April 16, 2009

    Texas Court Revives Prempro Case V. Wyeth

    A month after the U.S. Supreme Court rejected Wyeth Pharmaceutical Inc.'s federal preemption argument, a Texas appeals court has dealt another blow to the drugmaker, reversing Wyeth's victory in a case over the company's hormone replacement drug Prempro.