Product Liability

  • March 24, 2017

    GM Drivers Say Experts' Testimony Holds Water

    Several drivers in upcoming trials over General Motors' alleged ignition switch defect on Friday blasted the automaker’s criticisms of their expert witnesses as “meaningless,” telling a New York federal judge that GM fails to address their opinions head on and that its own experts offer unreliable and misleading opinions.

  • March 24, 2017

    Janssen Beats Untimely Calif. Appeal Over Risperdal Death

    A mother whose son died during a clinical study of Janssen Pharmaceuticals’ antipsychotic medication Risperdal waited too long to appeal certain claims that had been dismissed in her wrongful death suit against the company — which on different claims won her $5.6 million — a California appeals court said Thursday.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Asbestos Firms Shed Racketeering Suits For Lack Of Ill. Ties

    Industrial manufacturer John Crane Inc. cannot pursue claims against asbestos plaintiffs firms Simon Greenstone Panatier Bartlett PC and Shein Law Center Ltd. for allegedly providing false histories for clients during asbestos litigation, as the firms lack sufficient ties to Illinois, according to parallel rulings in federal court Thursday.

  • March 24, 2017

    Fiat Chrysler Wants Hidden Tire Defect Class Suit Tossed

    The maker of Dodge and Chrysler vehicles on Thursday asked a federal judge in New York to dismiss a proposed class action over an alleged costly and hidden tire defect, saying that most named plaintiffs don’t even live in New York and the only one who does belongs to a practically identical suit.

  • March 24, 2017

    Pa. Judge Tosses Actiq Off-Label Marketing Suit

    A Pennsylvania state court judge on Thursday threw out a lawsuit claiming Cephalon’s off-label marketing of its opiate painkiller "lollipop" Actiq was responsible for a migraine sufferer’s death, finding a prescribing physician was not ignorant to the risks of the medication.

  • March 23, 2017

    Verdict Form Reveals Close Call In Meningitis Murder Case

    An unprecedented case ended in a most unusual way: Jurors considering a sweeping indictment against a Massachusetts pharmacist who shipped mold-infested drugs that caused a deadly fungal meningitis outbreak declared him not guilty of murder on Wednesday, but appeared to indicate that the majority wanted to convict him.

  • March 23, 2017

    Investors Hit Meat Processing Co. Over Bribery Concealment

    Investors in Brazilian meat processing company JBS SA sued the company and its executives Wednesday in Pennsylvania federal court, alleging management concealed evidence of poor food quality and bribery of plant inspectors, leading to a stock drop.

  • March 23, 2017

    Sears Customers Seek Final OK On Grill Settlement

    Sears customers who said their grills had steel parts that failed early asked an Illinois federal judge on Wednesday to give a final blessing to a settlement that is set to provide thousands of people with a gift card of as much as $180 or with a free repair.

  • March 23, 2017

    Supplement Co. Lied About Biotin Benefits, Class Action Says

    Nature’s Bounty Inc. has been misleading consumers about the health benefits of biotin because most Americans get enough of the vitamin via their daily diets, a California woman said in a proposed class action filed Wednesday in California federal court.

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

  • March 23, 2017

    Purina's Fish Food Killed Bass, Fish Farm Says

    An Illinois fish farm filed a property damage and product liability lawsuit Wednesday against Purina Animal Nutrition LLC, claiming its fish food, marketed as safe for largemouth bass, was actually unsafe and resulted in the substantial loss of the farm’s 360,000 fish population due to liver disease and death.

  • March 23, 2017

    Almond Milk Co. Calls False Ad Suit A Wasteful Attack

    Almond milk maker WhiteWave Foods on Wednesday struck back at a consumer’s allegations that it deceptively markets its products as a healthy alternative to dairy milk, calling the California lawsuit an “attack on the entire plant-based beverage industry” and a waste of time.

  • March 23, 2017

    Condo Cos. Insurance Fight Over Bird Poop Nixed As Moot

    An Arizona federal judge Wednesday dismissed American Family Mutual Insurance Co.’s suit against a condominium association and property manager in which the insurer was hoping to escape covering a condo owner’s alleged illness stemming from bird droppings piled up near her unit, saying the insurer waived its right to drop coverage.

  • March 23, 2017

    DOL Gets OK Of $192M Black Lung Deal With Bankrupt Alpha

    A Virginia federal judge on Wednesday put the final seal of approval on a $192 million settlement between bankrupt Alpha Natural Resources Inc. and the U.S. Department of Labor for workplace safety violations that led to black lung injuries.

  • March 23, 2017

    Anapol Weiss Opposes Attys Bid For NFL Concussion Fees

    Anapol Schwartz Weiss Cohan Feldman & Smalley PC, one of the co-lead class counsel firms in the NFL concussion settlement, on Wednesday fought back against a Minnesota lawyer's contention that he was owed some of the $112.5 million fee requested from the football players' settlement for referring them clients, saying they never agreed to share these fees and that the lawyer did not do any work to benefit the entire class.

  • March 23, 2017

    Drivers Say GM Can't Exclude Valukas Report Facts In Trials

    Drivers in multidistrict litigation over GM’s alleged ignition switch defect slammed the automaker's bid to exclude from upcoming trials a set of admissions made to the National Highway Traffic Safety Administration and the key investigatory “Valukas report,” saying Wednesday that such a move would break with prior rulings and that the evidence is critically relevant.

  • March 22, 2017

    11th Circ. Affirms $2.1M Verdict In Wright Hip Implants Suit

    The Eleventh Circuit has affirmed a $2.1 million jury verdict in favor of a patient who won the first bellwether trial against Wright Medical Technology over its allegedly defective metal hip implants, supporting the trial judge's decision to order the confused jury to conduct further deliberations.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

Expert Analysis

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • The Struggle To Apply Spokeo's Injury-In-Fact Requirement

    Edmund O'Toole

    In last year's Spokeo ruling, the U.S. Supreme Court checked the wave of class actions against companies for technical violations of disclosure requirements under myriad consumer protection statutes, by adding an injury-in-fact requirement for plaintiffs. But federal courts are having trouble applying this standard, interpreting its impact on class certification of consumer plaintiffs in varying ways, says Edmund O'Toole of Venable LLP.

  • When The JPML Refuses To Approve Multidistrict Litigation

    Stephen McConnell

    A multidistrict litigation can be a sound and efficient way of managing a mass tort, or it can be an unwieldy disaster. A recent decision by the Judicial Panel on Multidistrict Litigation, denying a plaintiffs’ motion for centralization in the Proton-Pump Inhibitor Products Liability Litigation, shows that some MDLs are more trouble than they're worth, says Stephen McConnell of Reed Smith LLP.

  • The Evolving Role Of AI In Health Care Delivery

    Dale C. Van Demark

    The expanded potential of artificial intelligence systems in health care delivery is likely not as far away as we might think, and recent advances mean we will soon face a new set of perplexing issues in health care regulation. Dale Van Demark of McDermott Will & Emery LLP discusses key questions to consider, like whether AI systems should be imbued with legal attributes of personhood.

  • Upholding Assignment Of Post-Loss Claims

    Rachel A. Mongiello

    The New Jersey Supreme Court's recent decision in Givaudan Fragrances Corporation v. Aetna Casualty and Surety Company represents a big win for insureds, as it confirms that post-loss claims have value and may be transferred, says Rachel Mongiello of Cole Schotz PC.

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.