Product Liability

  • October 18, 2017

    Bayer Seeks To End One-A-Day Labeling Class Action

    Bayer asked a California federal judge Wednesday to toss a putative class action over the labeling of Bayer AG’s One-A-Day vitamins, saying that the whole case rested on the contention the pills had no value, but that he’d gotten the plaintiffs’ own expert to admit the vitamin “is not worthless.”

  • October 18, 2017

    Tobacco Giants Must Pay Full $35M Jury Award: Fla. Court

    R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. remain on the hook for a $35 million verdict awarded in an Engle progeny suit to the widower of a longtime smoker, a Florida appeals court said Wednesday after finding the amount was not obviously excessive.

  • October 18, 2017

    Boxer's Brain Injury Suit Has Claims Against Docs Trimmed

    A New York appellate panel on Wednesday trimmed claims in a suit accusing ringside doctors of being responsible for boxer Magomed Abdusalamov’s catastrophic brain injury following a 2013 fight at Madison Square Garden, saying a lack of informed consent claim was improperly alleged.

  • October 18, 2017

    NPR Station Wants Names, Addresses Of Meningitis Jurors

    NPR member station WBUR sought Wednesday to get the names and addresses of jurors after they reach a verdict in the murder trial of a former pharmacist at New England Compounding Center, the laboratory at the center of a deadly fungal meningitis outbreak.

  • October 18, 2017

    NFL Star's Daughter Refiles CTE Suit, Names Helmet Maker

    Aaron Hernandez’s daughter has filed a new lawsuit seeking to hold the NFL accountable in Massachusetts state court for the late star football player’s development of a severe case of the brain disease called chronic traumatic encephalopathy, this time roping in helmet maker Riddell Inc.

  • October 18, 2017

    CPSC's Mohorovic Leaves Agency For Dentons

    U.S. Consumer Product Safety Commissioner Joe Mohorovic is stepping down from the agency two years before his term expires to join Dentons, where he will be a principal in the global firm’s federal regulatory and compliance practice, the commissioner announced Wednesday.

  • October 18, 2017

    Bed Bath & Beyond Says Cotton Suit Hangs On Sham Test

    Not all Egyptian cotton is made the same, Bed Bath & Beyond cautioned Tuesday as it moved to quash a proposed class action in Florida federal court from a woman who claims the "100% Egyptian cotton" bedsheets she bought at the store were anything but.

  • October 18, 2017

    Bayer, Others Sued Over Radioactive Waste Near Niagara Falls

    Bayer CropScience Inc., Occidental Chemical Corp. and Union Carbide Corp. put residents near Niagara Falls in danger by negligently leaving behind radioactive waste from their operations, local businesses and residents have alleged in New York federal court.

  • October 18, 2017

    Chicago Seeks Janssen Employees' Info In Opioid Suit

    The city of Chicago on Tuesday told an Illinois federal judge that 10 Janssen employees likely have documents related to the city’s claims that the drug company and others misleadingly marketed opioids and the city should be allowed to seek those documents.

  • October 18, 2017

    CRISPR Licensing Deal Looks To Open Door To Better Crops

    Two organizations that control much of the CRISPR-Cas9 gene-editing technology for use in agriculture said Wednesday they reached an arrangement that will make it easier for companies to license the intellectual property they may need to make genetically modified crops.

  • October 18, 2017

    Amazon Seeks Arbitration In Faulty Eclipse Glasses Suit Inc. urged a South Carolina federal judge Tuesday to compel arbitration and toss a proposed class action over the company’s alleged sale of defective solar eclipse glasses that put wearers at risk of injuries including headaches and eye damage.

  • October 17, 2017

    J&J Wins Mo. Appeal Of $72M Talc Cancer Verdict

    A Missouri appeals court on Tuesday tossed a jury’s finding that Johnson & Johnson’s talcum powder caused a woman’s fatal ovarian cancer and award of $72 million in damages, ruling the Alabama woman’s case should never have been tried in St. Louis.

  • October 17, 2017

    Tampering Flap Puts J&J Trial Attys Under Ethics Microscope​

    A Texas federal judge's referral to the U.S. attorney's office of witness tampering allegations in a bellwether trial over Johnson & Johnson hip implants is rare and could carry serious consequences, both inside the case and beyond, for company lawyers accused of indirectly pressuring a doctor for the plaintiffs, legal ethics experts say.

  • October 17, 2017

    Takata Tort Claimants Say Carmakers Trying To Skirt Liability

    Automakers that are funding the Takata Corp. bankruptcy have been “stonewalling” on discovery to let case deadlines pass and ultimately sidestep liability connected to the defective air-bag inflators that sparked Takata's Chapter 11, the official tort claimants committee said late Monday.

  • October 17, 2017

    Shell’s $5M Spill Settlement A ‘Slap In The Face,’ Court Told

    Residents of an Illinois village allegedly contaminated by benzene spills from the Wood River Refinery have raised objections to a proposed $5 million settlement that would end a class action against refinery operator Shell Oil in Illinois federal court, calling the deal a “slap in the face.”

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.

  • October 17, 2017

    FDA Warning Wire: Multiple Issues At Dialysis Co.

    The U.S. Food and Drug Administration found a plethora of problems at a California facility for making dialysis products, identified an illegal stimulant in fitness supplements, and scolded an online store for its health claims about its teas.

  • October 17, 2017

    Md. Asbestos Attys Clash Over Backlog At State Senate

    A Maryland Senate committee grappling with the backlog of thousands of asbestos lawsuits in state court in Baltimore sought the advice of attorneys in the case Tuesday, with plaintiffs’ attorneys arguing for consolidation and defendants’ attorneys arguing for case-by-case evaluations.

  • October 17, 2017

    'Cane Juice' False Ad Action Greenlighted, With Caveat

    A California federal judge on Monday cleared a potential class of Late July Snacks LLC customers to sue the company for calling sugar “evaporated cane juice” on its labels in an attempt to make it seem healthier, but blocked them from seeking an injunction or relief under California’s Unfair Competition Law.

  • October 17, 2017

    Bosch Says VW Dealers Can’t Show Harm In RICO Action

    Robert Bosch GmbH Inc. asked a California federal judge Tuesday to end a putative racketeering class action brought by dealerships alleging the auto parts maker helped Volkswagen AG skirt emissions regulations, saying there’s no evidence Bosch knew what its parts were used for or that dealerships were injured by the scheme.

Expert Analysis

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.

  • How Bristol-Myers Squibb May Transform Class Actions

    Richard Dean

    In her dissent from the U.S. Supreme Court's holding in Bristol-Myers Squibb, Justice Sonia Sotomayor foresaw several major implications of the verdict. Now her prediction of plaintiffs having to sue defendants in multiple jurisdictions to recover for a single injury seems not only possible, but probable, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • What Duties Do Lead Lawyers Owe MDL Plaintiffs?

    Elizabeth Burch.jpg

    Do lead lawyers have fiduciary obligations to individual plaintiffs in multidistrict litigation who have no direct attorney-client relationship with them? That’s the question at the heart of a recent opinion by U.S. District Judge David Herndon in the Yazmin/Yaz litigation, says Elizabeth Chamblee Burch of the University of Georgia School of Law.