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Product Liability

  • November 13, 2018

    Gottlieb Says FDA Acted Slowly On Opioids

    The head of the U.S. Food and Drug Administration on Tuesday said that the agency in the past had been too slow to act on the opioid crisis and it now plans to look into developing guidelines for prescribing the drugs.

  • November 13, 2018

    Imprimis Gets $100K Knocked Off Allergan Sanctions Bill

    A California federal judge on Tuesday ordered Imprimis Pharmaceuticals Inc. to pay $50,000 in attorneys' fees to Allergan USA Inc. as sanctions for violating discovery orders in a false advertising case, which is $100,000 less than what Allergan had requested.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    Pa. Water Co. Wants Seller To Cover Subsidiary's Legal Costs

    Pittsburgh-based Evoqua Water Technologies Corp. wants French company Bio UV Group SAS to pick up the legal bills for a company Evoqua bought from it in 2016, claiming in state court Tuesday that a hot-tub maker's claims against the purchased company should be covered by the indemnification language in the stock purchase agreement.

  • November 13, 2018

    Homeowners Seek Remand Of Suit Against Brad Pitt's Org

    Homeowners suing a foundation launched by Brad Pitt, which built homes in the aftermath of Hurricane Katrina, over allegedly defective construction urged a federal court Monday to remand the suit to state court because a vast majority of the proposed class members are Louisiana residents.

  • November 13, 2018

    Juul Pulls Flavored E-Cigs As New FDA Regulations Loom

    Juul Labs announced Tuesday that it was pulling its flavored products from stores and taking other steps to address youth use of e-cigarettes, days after reports that the Food and Drug Administration is gearing up for a crackdown against e-cigarette companies.

  • November 13, 2018

    Jury Awards $260M After Man's Death In Crash

    A Texas jury has awarded $260 million over an accident in which a man was killed when his van ran into the side of a tractor-trailer positioned across all four lanes of a highway, according to the victim's parents' lawyers.

  • November 13, 2018

    11th Circ. Won't Rethink GE Unit's Arbitration Bid In $45M Suit

    The Eleventh Circuit has declined to reconsider its decision that an Alabama steel plant owner doesn’t have to arbitrate its $45 million dispute with a French unit of General Electric Co. over allegedly faulty motors because there’s no written arbitration agreement between the parties.

  • November 13, 2018

    FDA Warns Stem Cell Co. On Marketing, Manufacturing

    The U.S. Food and Drug Administration on Tuesday announced it had sent a warning to StemGenex Biologic Laboratories LLC for marketing a purported stem cell product without federal approval and for deviating from good manufacturing practices in ways that could lead to the product’s contamination.

  • November 13, 2018

    Hess Agrees To Pay $8.72M For Spill That Killed Pelicans

    Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.

  • November 13, 2018

    Justices Won’t Hear Cert. Dispute In Vitamin E Labeling Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Pharmavite LLC over the certification of a class in a suit alleging its vitamin E supplements were misleadingly labeled.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit

    A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Judge OKs Release Of Market Share Data In Opioid MDL

    The Ohio federal judge overseeing massive multidistrict litigation over the nation's opioid crisis granted a request by lead attorneys for local governments to distribute market share data, from a federal database, of opioid sales to counties and other entities.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    New York City Asks 2nd Circ. To Revive Climate Suit

    New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.

  • November 9, 2018

    Hyundai Failed To Honor Sonata Warranties, Drivers Say

    Hyundai is refusing to honor the limited warranty for certain Sonata vehicles by wrongly asserting proof of regular maintenance is necessary for repairs, according to a putative class action lawsuit filed in South Carolina federal court.

  • November 9, 2018

    Homeopathic Co. Beats Consumer's Sugar Pill Claims

    A three-judge panel in the Ninth Circuit has sided with Boiron Inc., affirming its victory in a suit brought by buyers who claimed the company’s homeopathic pills did not provide relief for flu symptoms and that the company falsely advertised the pills’ capabilities.

Expert Analysis

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • FDA Steps Up Its Focus On Medical Device Cybersecurity

    Michael Buchanan

    Last month, the U.S. Food and Drug Administration announced three new medical device cybersecurity initiatives, including an incident response playbook, a memorandum of agreement with the U.S. Department of Homeland Security and a draft guidance on premarket submissions. The agency is clearly taking device vulnerabilities more seriously than ever, say Michael Buchanan and Joshua Furman of Patterson Belknap Webb & Tyler LLP.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.

  • Opinion

    Defendants Can't Be Held To Impossible Discovery Standards

    Michelle Hart Yeary

    In a classic case of overreaching, plaintiffs in the Abilify multidistrict litigation recently sought sanctions against the defendant for not preserving emails from more than a decade before the start of the legal action. But their "everything plus the kitchen sink" approach couldn’t mask the lack of merit in any of their arguments, says Michelle Hart Yeary of Dechert LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.