Product Liability

  • June 22, 2017

    EPA Releases New TSCA Prioritization, Risk Evaluation Rules

    The U.S. Environmental Protection Agency on Thursday issued new rules and guidance that implement recent revisions to the Toxic Substances Control Act, including a framework for evaluating chemical risks and a method of prioritizing chemicals for review.

  • June 22, 2017

    Judge Denies Acquittal Bid In Meningitis Outbreak Case

    A federal judge in Massachusetts on Thursday declined to toss the racketeering and mail fraud convictions of a pharmacist whose company, the New England Compounding Center, was linked to the deadly 2012 meningitis outbreak.

  • June 22, 2017

    Honda Asks To Use Takata Guilty Plea In Its Air Bag Defense

    American Honda Motor Co. on Wednesday asked the Florida federal court overseeing the multidistrict litigation over Takata’s potentially deadly air bags to let it use Takata’s criminal guilty plea as part of its defense, saying that the facts therein are crucial to its arguments.

  • June 22, 2017

    Pfizer Wins Interlocutory Review In Vfend Whistleblower Suit

    A Pennsylvania federal judge agreed Thursday to allow the Third Circuit to weigh in on whether he should have granted a motion from Pfizer Inc. to throw out a whistleblower suit accusing the company of pushing illegal off-label use of its antifungal medication Vfend.

  • June 22, 2017

    2 Bellwethers Selected Against Lilly In Testosterone MDL

    The Illinois federal judge overseeing multidistrict litigation against manufacturers of testosterone replacement therapy drugs on Thursday selected the first two cases that will go to trial against Eli Lilly and Co.

  • June 22, 2017

    Ind. Pharmacy Heads Charged With Selling Misdosed Drugs

    The owner and compliance director of an Indiana specialty pharmacy have been charged with defrauding the government by selling adulterated drugs, namely by knowingly providing drugs that were more potent or less potent than the label stated, federal prosecutors announced Thursday.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

  • June 22, 2017

    Purchasers Seek Cert. In Alere Blood Monitor Suit

    Consumers suing Alere Inc. over allegedly defective home blood-clot testing kits asked a California federal judge Wednesday for class certification in multiple states.

  • June 22, 2017

    Pa. Justices Snub Appeal Of Axed $14.5M Asbestos Verdict

    The Pennsylvania Supreme Court said Wednesday it would not hear an appeal of a decision axing a $14.5 million asbestos verdict on grounds that a trial judge improperly admitted expert testimony stating that every exposure to the carcinogen must be considered a cause of mesothelioma.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Mintz Levin Nabs Sedgwick Product Liability Litigators

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired two Sedgwick LLP litigators specialized in product liability disputes in the life science industries to join the firm’s expanding Los Angeles office, Mintz Levin said Thursday.

  • June 22, 2017

    Enviros Press FERC For Full Probe Of ETP $4.2B Pipeline

    Environmentalists on Wednesday urged the Federal Energy Regulatory Commission to launch a full enforcement investigation into Energy Transfer Partners LP over drilling fluid leaks from its $4.2 billion Rover pipeline project in Ohio and stop all construction until the investigation is complete.

  • June 22, 2017

    Show Me Lab Tests, Judge In Trader Joe's Truffle Tussle Says

    A would-be class of aggrieved gourmets was ordered Thursday by a Manhattan federal judge to add lab tests to a suit alleging grocery giant Trader Joe Co. hawks fake black truffle olive oil to unwitting shoppers.

  • June 22, 2017

    Lawn Mower Victim Seeks To Vacate Jury Decision

    A man whose lawn mower maimed his dominant hand urged a Massachusetts federal judge Wednesday to either vacate a jury’s decision that the mower did not cause his injuries or grant a new trial, saying the jury’s finding that the mower was defective indicates the manufacturer was at fault.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Noncitizen 9/11 Victims, Families Denied Damages From Iran

    A New York federal judge Tuesday adopted a magistrate judge's recommendations in multidistrict litigation against the Islamic Republic of Iran, saying the estates of non-U.S. citizens who died in the Sept. 11, 2001, terrorist attacks are not entitled to damages because neither the deceased nor their family members are U.S. nationals.

  • June 21, 2017

    Girardi Keese Sued For Accounting Of $120M In Settlements

    Thomas Girardi and his firm, Girardi Keese, are facing a California lawsuit asking for an accounting of what was done with about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit. 

  • June 21, 2017

    Fla. Court Says Suit Against RJ Reynolds Came Too Late

    A Florida appeals court affirmed a lower court’s decision to toss a wrongful death suit against R.J. Reynolds Tobacco Co. on Wednesday, finding that the smoker’s family had waited too long to file suit.

  • June 21, 2017

    San Francisco To Ban Sale Of Flavored Tobacco

    The San Francisco Board of Supervisors on Tuesday unanimously voted to ban the sale in the city of all flavored tobacco products, including menthol cigarettes, which the bill’s sponsors say are disproportionately marketed to minority populations and youth.

Expert Analysis

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • Calif. Contamination Cases: Response Cost Recovery Guide

    Kimberly Bick

    A California state appeals court's recent decision in Orange County Water District v. Alcoa Global Fasteners is one of very few opinions in California that applies to water district claims for response costs in groundwater contamination cases. It will be influential in future cases brought by water districts in the state, says Kimberly Bick of Bick Law LLP.

  • The Triple Threat Of The Internet Of Things

    H. Michael O'Brien

    Recent cyberattacks launched from internet-connected devices illustrate that the growth of such products creates an opportunity for malevolent actors. The internet of things is highly vulnerable to attacks that can cause denials of service, ransomware incidents and even physical damage to property and people, says H. Michael O'Brien of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 5 Key Features Of Impending TSCA Inventory 'Reset' Rule

    Lawrence Culleen

    In short order, the U.S. Environmental Protection Agency will issue its final inventory reset rule under the Toxic Substances Control Act. As we await publication of the final rule, Lawrence Culleen and Eric Rey of Arnold & Porter Kaye Scholer LLP note the important aspects all manufacturers, importers and processors of chemical substances should be aware of, and related practical tips to facilitate and expedite compliance.

  • When An Expert Drowns In A Whirlpool Of Inconsistencies

    Jack Nolan

    Last month, the Northern District of Illinois denied class certification to consumers who purchased allegedly defective Whirlpool ovens, and excluded the opinions of the plaintiffs’ expert. The ruling in Kljajic v. Whirlpool Corp. demonstrates the importance of having an expert witness who can be sensitive to a case's weaknesses without creating new ones, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • A Closer Look At OSHA's Broken Regulatory Process

    Jordan Barab

    Based on the political orientation of the current administration, President Donald Trump’s Occupational Safety and Health Administration is unlikely to move any significant regulatory initiatives forward. But if a major catastrophe were to spur bipartisan demands for regulatory action, there are three problem areas to consider, says Jordan Barab, former deputy assistant secretary of labor for OSHA.