Product Liability

  • October 29, 2007

    High Court To Hear Exxon’s Appeal Over Valdez Spill

    In a boost to Exxon Mobil Corp., the nation’s highest court has agreed to consider the oil company’s last-gasp attempt to overturn a $2.5 billion punitive damages award in a case brought against it by fishermen and other Alaskans over the 1989 Valdez tanker spill.

  • October 29, 2007

    FEMA Formaldehyde Trailer Suits Consolidated

    The U.S. Judicial Panel on Multidistrict Litigation has centralized the handful of suits that have been filed against the Federal Emergency Management Agency alleging that the trailers provided by the government after Hurricanes Katrina and Rita contained dangerous amounts of formaldehyde.

  • October 29, 2007

    Dana Asks Court To Approve Asbestos Settlements

    Dana Corp. is asking for a judge's approval of about $2 million in settlement agreements covering 7,500 of the approximately 150,000 asbestos-related personal injury claims against the bankrupt auto parts supplier.

  • October 29, 2007

    Circuit Court Denies Forum Shopping For VW Plaintiff

    In a blow to a plaintiff's choice of venue, the U.S. Court of Appeals for the Fifth Circuit has ruled that a lower court gave too much deference to car crash victims that brought a product liability lawsuit against Volkswagen AG and has ordered that the case be transferred.

  • October 29, 2007

    Judge Throws Out Welding Fume Cases

    A federal judge has dismissed about 75 cases in the multidistrict welding fume litigation, adding to the pile of suits that have been discarded in the past year.

  • October 29, 2007

    Compromise Reached Over Mirapex Expert Witnesses

    In an effort to appease both sides, the judge presiding over the product liability litigation involving restless leg drug Mirapex has opted to split the difference in a dispute over the number of expert witnesses that defendant Pfizer Inc. has the right to call.

  • October 29, 2007

    AstraZeneca Wants To Boot Seroquel “Free-Riders”

    Drug maker AstraZeneca LP is asking a court to weed out the “free-riders” in the multidistrict product liability litigation over antipsychotic drug Seroquel, arguing that the time has come to sort the “serious” plaintiffs from those who are just hoping to cash in on any settlement reached in the case.

  • October 26, 2007

    Enviga Plaintiffs Fight Releasing Work, Health Records

    The plaintiffs in the ongoing lawsuit over Coca Cola Inc.'s “calorie burning” energy drink Enviga have asked to appeal an order by a magistrate judge that would force them to produce their past 10 years of medical and employment records in the consumer fraud action.

  • October 26, 2007

    Solutia Wants $15B In Claims Reclassified As Torts

    Solutia Inc. is asking the court overseeing its Chapter 11 proceedings to reclassify claims totaling more than $15 billion as “tort claims” and expunge claims predicated on retiree benefits, following the company’s Oct. 19 filing of its fifth amended restructuring plan.

  • October 26, 2007

    New Mexico AG Goes To Bat In Case Against Dell

    New Mexico Attorney General Gary King has waded into a class action lawsuit against Dell Computer Corp. that alleged the company misled consumers about the amount of storage in its computers.

  • October 29, 2007

    DOJ Enviroment Enforcement Reaching Record Highs

    Prosecutions of environmental criminal cases were at near-record highs for 2006 and, with the millions in fines levied against BP PLC last week, have continued to soar in 2007, the Department of Justice's Environment and Natural Resources Division revealed.

  • November 6, 2007

    Ruling Signals End Of Consumer Fraud Suits Over Ads

    An appeals court’s sweeping decision that federal law preempts false advertising claims under state law could be the death knell for consumer fraud actions against pharmaceutical companies over their drug advertisements.

  • November 15, 2007

    "Toxic Trespass" Could Be The Next Big Toxic Tort

    With scientific advancements increasingly able to show the presence in the body of a wide range of chemicals previously unknown or not detectable, courts are beginning to face a new breed of toxic tort claims seeking to make pollution in people's bodies an actionable offense — and product liability lawyers say the worst is yet to come.

  • October 26, 2007

    TJX Plaintiffs Seek To Amend With New Breach Details

    In litigation filed against retailer TJX Cos. over what's been called the largest theft of credit card numbers in United States history, a coalition of banks say they've obtained many new details about the security breach, and have asked a judge for permission to amend their claims against the retailer.

  • October 26, 2007

    Plaintiff Alleges Glaxo Hid Avandia Risks

    With regulators pushing for a tougher warning label on GlaxoSmithKline PLC's Avandia, accusations against the pharmaceutical giant are swelling.

  • October 25, 2007

    Quigley Plan Gets Approval For Creditor Vote

    A bankruptcy judge has resolved the final objection to Quigley Co.'s disclosure statement and reorganization plan, moving the former Pfizer Inc. subsidiary's Chapter 11 proceedings one step closer to a vote on the plan, dealing a setback to a group of asbestos claimants who had opposed the plan.

  • October 25, 2007

    TJX Data Breach Double The Inititial Estimate: Suit

    A coalition of financial institutions suing retailer TJX Cos. over a massive security breach have claimed that approximately 94 million customer accounts have been affected, more than double previous estimates.

  • October 25, 2007

    BP Pays $370M In Fines, Four Execs Indicted

    The various financial and environmental troubles that plagued BP PLC for the last few years have piled up into over $370 million in fines and the indictment of four former BP officials, the Department of Justice revealed on Thursday.

  • October 25, 2007

    AT&T Sued Over Phone Incompatibility

    In a purported class action filed Wednesday against AT&T Inc., plaintiffs said their phones stopped working after the company merged with Cingular Wireless, despite assurance from the company that this would not happen, and that AT&T failed to inform them of moves that could be taken to make their phones network accessible, leaving them with no options but to buy new phones.

  • October 25, 2007

    JPML Eyes Gadolinium Contrast Agent Cases

    As product liability suits against makers of injectable contrast agents that allegedly cause serious health problems in patients with kidney problems continue to pile up, the U.S. Judicial Panel on Multidistrict Litigation is considering consolidation.