Product Liability

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    1st Circ. Won't Revive $28M Monsanto PCB Liability Suit

    Monsanto Co. and its Pfizer Inc.-owned successor couldn’t have known polychlorinated biphenyls cause cancer in 1969, so they don’t have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.

  • December 11, 2017

    Judge Bars Consolidated Claims In GM Ignition Switch MDL

    A New York federal judge on Friday said that he will no longer allow the filing of consolidated complaints on behalf of multiple people bringing personal injury or wrongful death claims in the multidistrict litigation over General Motors LLC ignition switches that allegedly caused vehicles to abruptly lose power.

  • December 11, 2017

    FDA Issues Final Guidance On Drug Names In Ads

    The U.S. Food and Drug Administration on Monday released final guidance laying out its recommendations for how product names are displayed on advertising and promotional labeling for prescription drugs, and proposed to study how consumers and health care providers spot deceptive ads.  

  • December 11, 2017

    Uber Settles Privacy Suit With Woman Raped By Driver

    Uber Technologies Inc. agreed Friday in California federal court to an undisclosed settlement to end allegations that executives improperly shared the medical records of a woman who was raped by one of the company’s drivers in India.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Hockey Teens Stick Del. Rink Operator With Toxic Fume Suit

    Two 13-year-old hockey players swung a lawsuit on Thursday against a skating club and a Zamboni repair business in New Jersey federal court over claims they suffered carbon monoxide poisoning when a defective vehicle was used to resurface ice during a tournament at the Delaware facility this year.

  • December 8, 2017

    NJ High Court OKs Roche's Bids To Review Accutane Rulings

    Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.

  • December 8, 2017

    Texas High Court Won't Hear $2.2B Payout Deduction Dispute

    The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its business taxes a $2.2 billion payment made as part of an asbestos product liability settlement.

  • December 8, 2017

    MLB Fans Strike Out At 9th Circ. In Safety Netting Row

    The Ninth Circuit on Friday refused to revive a suit from two Major League Baseball fans demanding extended safety nets at ballparks, finding their standing argument fell short because they weren’t likely to be injured by foul balls or thrown bats in the future.

  • December 8, 2017

    Judge Won’t Hold Order To Kill Climate Suit Against Peabody

    A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.

  • December 8, 2017

    State-Based Volvo Sunroof Classes Still Need Definition

    Drivers alleging Volvo Car Corp. sold vehicles with defective sunroofs must take another stab at getting their proposed state-based subclasses certified because they’re too poorly defined to meet the ascertainability requirement for the lawsuit to advance, a New Jersey federal judge said Wednesday.

  • December 8, 2017

    Dunkin’ Can't Escape Suit Over Faux Berry Doughnuts

    An Illinois federal judge on Thursday allowed a Dunkin’ Donuts customer to go forward with his claim the chain duped him into buying an artificially flavored blueberry doughnut believing it contained real berries, saying if his claims are true it was a reasonable belief.

  • December 8, 2017

    Insurer Sues For $11.7M After NY Country Club Fire

    The insurer of a New York country club that caught fire in 2014 is seeking $11.7 million from the companies that it claims caused the fire, according to a suit filed Thursday in New York state court.

  • December 7, 2017

    FDA Unveils New Policies On Digital Health Oversight

    The U.S. Food and Drug Administration on Thursday unveiled new oversight policies for digital health products, including increasingly popular software used to assist doctors in making treatment decisions.

  • December 7, 2017

    VW Plea Deal Gives Investors Limited Win In Fraud Case

    A California federal judge hearing cases related to Volkswagen AG’s clean diesel scandal ruled Wednesday that investors cannot cite the automaker's plea deal and admissions to prosecutors as proof that dozens of its statements to investors were false or made with scienter, although he found they did contradict the automaker’s statements printed on its engines.

  • December 7, 2017

    Flour E. Coli Outbreak Tied To General Mills Plant, FDA Says

    The U.S. Food and Drug Administration on Wednesday said it had identified a General Mills plant in Missouri as the likely culprit behind a multistate outbreak of E. coli in 2016 that sickened more than 60 people.

  • December 7, 2017

    Feds Blast Ex-Pharmacist's Acquittal Bid In Meningitis Row

    The government urged a Massachusetts federal court Wednesday to not acquit a pharmacist convicted of 77 counts including racketeering and mail fraud for manufacturing deadly drugs in the 2012 fungal meningitis outbreak, saying the arguments presented to support acquittal have been rejected by the court or rely on facts dismissed by the jury.

Expert Analysis

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Beware Marketing Cannabidiol Products: FDA Is Watching

    Brian Malkin

    The U.S. Food and Drug Administration recently issued warning letters concerning violations of the Federal Food, Drug and Cosmetic Act to four companies that market products containing cannabidiol, a nonpsychotropic cannabinoid found in cannabis. These letters should serve as a reminder that the FDA is watching closely, say attorneys with Arent Fox LLP.

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • MDL Hearing Signals A New Phase For Opioid Suits

    Adam Fleischer

    On Nov. 30, the U.S. Judicial Panel on Multidistrict Litigation heard argument in over 100 government lawsuits seeking damages from pharmaceutical companies for the opioid epidemic. Whether these cases get consolidated and, if so, in which court, may have far-reaching implications, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Clarifying CERCLA Allocation For Gov't Contractors

    Thomas Dimond

    Following the Ninth Circuit's recent decision in TDY Holdings v. U.S., government contractors and others whose property and equipment was used to support wartime production should be aware of several factors that could determine whether you obtain significant Comprehensive Environmental Response, Compensation and Liability Act contribution from the federal government, say Thomas Dimond and Kelsey Weyhing of Ice Miller LLP.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • A Practitioner’s Guide To Federal Officer Removal

    Lisa Himes

    Federal officer removal is a doctrine for removing certain cases from state to federal court. It is available to federal officers or persons acting under them, including corporations. But the purposes and application of this significant and unique removal ground have been misunderstood by both practitioners and courts, says Lisa Himes of Rogers Joseph O’Donnell PC.