Product Liability

  • February 16, 2017

    Punitives Phase Begins In Engle Trial Against PM, RJR

    The family of a smoker who died in 1995 began a trial for punitive damages on Thursday against Philip Morris USA and R.J. Reynolds after being awarded millions of dollars in compensatory damages on Wednesday.

  • February 16, 2017

    Workers' Nonoccupational Meso Claims Barred, 7th Circ. Told

    Former plant owner Weyerhaeuser told the Seventh Circuit at a hearing Thursday that the complaints from the families of six former plant workers who passed away after succumbing to mesothelioma are barred by Wisconsin’s Workers Compensation Act for not being directly work-related.

  • February 16, 2017

    9th Circ. Urged To Rescue Yamaha Boat Motor Class Action

    Purchasers of Yamaha boat motors urged the Ninth Circuit on Thursday to revive their proposed class action alleging the outboards were prone to corrosion, arguing the trial court wrongly ignored a private investigator’s findings that the company was addressing the defect internally even as it blamed customers who complained.

  • February 16, 2017

    Con Ed Agrees To $153M Settlement In Deadly NYC Gas Blast

    New York state and Con Edison reached a $153.3 million settlement over a 2014 East Harlem gas explosion that destroyed two buildings and killed eight people, according to an announcement Thursday from Gov. Andrew Cuomo’s office that called the agreement the largest gas-safety related financial settlement in state history.

  • February 16, 2017

    Missouri AG Lays Egg Law Appeal In Supreme Court

    Missouri Attorney General Josh Hawley said Thursday he has appealed to the U.S. Supreme Court to pluck off a California law that prohibits the sale of eggs from chickens living in conditions that don’t meet the Golden State's strict regulations.

  • February 16, 2017

    Kraft Wants Class Cert. Stripped In Colored-Cheese Dispute

    Kraft Foods Group Inc. urged a California federal judge Wednesday to decertify a class of cheese purchasers accusing the company of falsely advertising artificially colored fat-free cheddar cheese as "natural," saying it's become clear the matter can’t be tried on a class basis.

  • February 16, 2017

    NHL Says Players Can't Strike Articles Questioning CTE Link

    The National Hockey League and a proposed class of former players continued to wrangle over documents in their concussion battle Wednesday, with the league claiming the players have no right to strike its inclusion of scientific exhibits that dispute the relationship between head injuries and the degenerative brain condition CTE.

  • February 16, 2017

    Pfizer Prevails In 2 W.Va. Zoloft Birth Defect Suits

    A West Virginia state panel on Wednesday tossed two suits brought by mothers claiming that their children’s cardiac birth defects were caused by taking Pfizer Inc.’s antidepressant Zoloft, after they withdrew their sole expert, a former U.S. Food and Drug Administration commissioner.

  • February 16, 2017

    Atty's Widow Can't Prove GSK Meant To Harm, Judge Says

    The Illinois federal judge overseeing a wrongful death lawsuit brought by the widow of a Reed Smith LLP partner said Thursday her complaint couldn't move forward on its claim that GlaxoSmithKline PLC had intended to harm its customers by failing to warn them about Paxil's ties to suicide.

  • February 16, 2017

    Ford Hit With Throttle Deceleration Defect Class Action

    Ford Motor Co. was hit with a new proposed class action in California federal court Wednesday alleging it failed to warn customers that certain Mustangs, Lincolns and other Ford models had defective throttles that caused the vehicles to spontaneously stall or decelerate.

  • February 16, 2017

    NFL Blasts Ex-Players' Try For More Time In Painkiller Suit

    The NFL and some of its teams asked a California federal judge to deny a group of former players’ request for more time to file an amended complaint in their suit accusing the league of encouraging them to abuse painkillers, arguing Wednesday that they have given no reason for an extension.

  • February 16, 2017

    Bugs And Hair Plagued Meningitis-Linked Pharmacy, Jury Told

    The Massachusetts compounding pharmacy linked to a deadly outbreak of meningitis was plagued with bugs, human hair and the chief pharmacist’s indifference to the problems, the company’s former quality control officer told a jury on Thursday during her former boss's murder trial.

  • February 16, 2017

    BP Unit Loses Bid To Block Landowners' State Court Claims

    The Atlantic Richfield Company can’t stop a group of landowners from suing the oil company in state court for compensation related to contamination from copper smelting near their property, a Montana federal judge said Wednesday after determining the federal court doesn’t have jurisdiction over its bid to block the case.

  • February 16, 2017

    Deepwater Judge OKs $1.2B Transocean, Halliburton Deals

    The Louisiana federal judge overseeing the sprawling multidistrict litigation over the Deepwater Horizon disaster on Wednesday gave final approval to a pair of settlements between the plaintiffs' steering committee and Transocean Ltd. and Halliburton Energy Services Inc. worth a combined $1.24 billion.

  • February 15, 2017

    J&J Tells Jury Talc Is Warning-Free, Like Alcohol, Red Meat

    Lawyers defending Johnson & Johnson against claims that its baby powder bottles should have warned of a link to ovarian cancer told an expert witness who took the stand on Wednesday that he's “never seen a cancer warning on red meat at the store.”

  • February 15, 2017

    Kraft Buyers’ ‘Greedy’ Attys Fight Low Fee Award At 9th Circ.

    Attorneys who extracted a confidential settlement from Kraft Foods over mislabeling claims defended their $1.8 million fee request before the Ninth Circuit on Wednesday, saying the $11,000 award by a district judge who called them “greedy” didn’t come close to compensating them for hundreds of hours spent on the case.

  • February 15, 2017

    10 State AGs Urge Senate To Reject Vessel Discharge Bill

    New York Attorney General Eric T. Schneiderman and nine other state attorneys general called on U.S. Senate leaders Wednesday to reject legislation they say would dramatically weaken states' authority to protect waterways against pollution from commercial shipping vessels.

  • February 15, 2017

    Texans Say Ex-NFLer's Turf Injury Suit First Of Its Kind

    The Houston Texas on Tuesday again tried to differentiate a personal injury lawsuit by former Texans and Philadelphia Eagles linebacker Demeco Ryans, who was injured on the field at Houston’s NRG stadium, from an injury case brought by running back Reggie Bush, arguing that Bush’s injury occurred outside the field of play and after the play was dead.

  • February 15, 2017

    Meningitis-Linked Drugmaker Was On States' Radar, Jury Told

    The Massachusetts compounding center whose chief pharmacist is on trial for murder came under regulatory scrutiny even before a 2012 meningitis outbreak that killed 64 people, a state investigator testified Wednesday in Boston federal court.

  • February 15, 2017

    Lamborghini Recalls 1,400 Cars For Fire Risk In US

    Lamborghini is recalling 1,453 supercars in the U.S. that suffer from a defect that could result in fires during “particular maneuvers” such as over-revving the engine while the vehicle is idle, according to a recall report posted by the National Highway Traffic Safety Administration.

Expert Analysis

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 1

    Angela Higgins

    The U.S. Supreme Court has accepted certiorari in Bristol-Myers Squibb Co. v. Superior Court of California. This case is straight from the same playbook that has led dozens of out-of-state plaintiffs to sue out-of-state defendants in the Circuit Court of the City of St. Louis, though Missouri has no legal or logical relationship to these plaintiffs’ claims, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Understanding CMS' New Settlement Reporting Thresholds

    David Farber

    When a Medicare beneficiary receives a liability insurance settlement, it must be reported to the Centers for Medicare and Medicaid Services, so Medicare can recover any payments for related treatment. CMS' new guidance lowers the settlement amount that triggers the reporting requirement, and resolves an earlier discrepancy, say David Farber and Lynn McKay of King & Spalding LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Justice Gorsuch And Product Liability Litigation

    Eric Wolff

    What does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation? His Tenth Circuit record suggests that, if confirmed, he may have a significant effect on issues including admissibility of expert testimony, federal preemption and personal jurisdiction, says Eric Wolff of Perkins Coie LLP.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.