Product Liability

  • May 23, 2017

    Benicar MDL Judge Dismisses Doc Accused Of Malpractice

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has dismissed a doctor accused of medical malpractice from the suit, on the grounds that there’s no evidence for the allegations.

  • May 23, 2017

    Feds Want 3 Years For Fla. Man Who Sold Expired Lap-Bands

    A Florida man should spend three years in prison after pleading guilty to selling expired gastric banding systems to doctors, federal prosecutors said Monday, calling for six months less than the sentencing guidelines given his help with their investigation into the fraud.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

  • May 22, 2017

    105 Tons Of Nathan's, Curtis Franks Recalled Over Metal Bits

    John Morrell and Co. is recalling about 105 tons of ready-to-eat Nathan's- and Curtis-brand hot dogs that may be contaminated with metal, the U.S. Department of Agriculture’s Food Safety and Inspection Service said Friday.

  • May 22, 2017

    Pruitt Appoints Task Force To Speed Up Superfund Process

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Monday said he’s creating a Superfund task force made up of agency professionals to rehabilitate polluted sites more quickly and make the process easier for companies.

  • May 22, 2017

    Consumer Groups Say FDA Dodging Food Safety Duty

    A number of consumer, health and food safety groups on Monday hit the U.S. Food and Drug Administration with a suit in New York federal court accusing it of shirking its responsibility for food safety by allowing food manufacturers to self-certify that certain additives are safe for consumption.

  • May 22, 2017

    Cane Juice Is Sugar Under Federal Law, Jelly Bean Buyers Say

    A proposed class of people who bought Jelly Belly Candy Co.’s “Sport Beans” urged a California federal court not to toss their lawsuit, saying Monday that federal law prohibits the candy maker from using “evaporated cane juice” as a substitute term for sugar on its ingredient lists.

  • May 22, 2017

    Paper Co. Loses Bid To Decertify Class In Fla. Flood Suit

    A Florida federal judge said Sunday that International Paper Co. failed to persuade her to reconsider her recent order certifying a class of homeowners for the purpose of determining whether the failure of an abandoned dam at one of the company's paper mills caused the flooding of their homes.

  • May 22, 2017

    Ryobi Settles Table Saw Injury Suit For $2M

    Ryobi Technologies Inc. has reached a $2 million settlement to a Pennsylvania state court lawsuit in which a Philadelphia man alleged he lost a part of a finger and suffered permanent nerve damage to another finger while using a table saw, attorneys for the plaintiff announced Monday.

  • May 22, 2017

    Egg Execs Denied Bid For Salmonella Sentence Review

    The U.S. Supreme Court has declined to review the three-month prison sentence a pair of Quality Egg LLC executives received for their alleged role in failing to prevent a national salmonella outbreak, denying their argument that the penalty trampled their constitutional due process rights.

  • May 22, 2017

    8th Circ. Revives Underground Fracking Pollution Case

    The Eighth Circuit on Monday revived a fracking pollution lawsuit against Southwestern Energy Co. brought by property owners who allege that the company’s waste migrated onto their land from a nearby well.

  • May 22, 2017

    NHTSA Investigates Recall Of Hyundai, Kia Vehicles

    The National Highway Traffic Safety Administration has launched an investigation into the recall of roughly 1.66 million vehicles by Hyundai Motor Co. and its affiliate Kia Motors Corp. over problems with the Theta II engine that could cause the vehicles to stall.

  • May 22, 2017

    Carmakers, Drivers Request Claims Admin. In Takata MDL

    Car drivers and the four carmakers who reached a $553 million deal recently to end claims in the multidistrict litigation over potentially fatal Takata Corp. air bags have asked a Florida federal court to tap Patrick Juneau, who oversaw the BP Deepwater Horizon oil spill settlement, as claims administrator.

  • May 22, 2017

    $60M Citibike No-Helmet Negligence Row Settles Before Trial

    New York City and Citibike have settled a rider's $60 million negligence lawsuit that was scheduled to go before a jury Monday, avoiding a trial that would have explored potentially uncomfortable questions about the city's decision not to require bike-sharers to don helmets.

  • May 21, 2017

    Time On Tobacco’s Side In Engle Progeny Battles

    Lengthy appeals and a massive court backlog are taking their toll on Florida’s cigarette plaintiffs.

  • May 19, 2017

    Fla. Jury Adds $1.3M Punitives To Smoker's Engle Trial Win

    A Florida jury on Friday awarded a woman who developed lung cancer after smoking Philip Morris cigarettes $1.3 million in punitive damages, doubling down on its $1.1 million actual damages verdict in the case.

  • May 19, 2017

    Couple Who Hid Sinkhole Can't Dodge Verdict At 11th Circ.

    A Florida couple who were sentenced to probation and restitution after they were convicted of wire fraud for failing to disclose during the sale of their home that they got a $150,000 insurance check for a sinkhole they didn’t fix saw their sentences upheld by the Eleventh Circuit on Friday.

  • May 19, 2017

    How They Won It: Berger & Montague Persists For 27 Years

    By continuing to press their case against two industrial giants and the federal government in a dispute marked by “scorched earth” tactics, Berger & Montague PC attorneys showed the value of persistence, finally securing a $375 million settlement related to allegations of contamination from the former Rocky Flats nuclear weapons plant after 27 years of litigation.

  • May 19, 2017

    Fiat Plans To Modify Emissions Software In 100K Vehicles

    Fiat Chrysler plans to modify the software used in more than 100,000 diesel vehicles, a move the company believes will help quickly end government investigations into possible excess emissions, the automaker announced Friday.

  • May 19, 2017

    Honeywell Again Dodges Claims It Botched NY Lake Cleanup

    A New York federal judge on Friday tossed for the second time a suit accusing Honeywell International Inc. of exposing upstate residents to dangerous chemicals after botching a government-mandated water pollution cleanup, saying the suit merely tries to hold Honeywell liable for cleanup activities it was instructed to carry out by federal and state environmental regulators.

Expert Analysis

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Discovery Sanctions Get Sanctioned

    Alan Hoffman

    Last month the U.S. Supreme Court reversed a sanctions order issued in Goodyear v. Haeger for bad faith discovery misconduct. And the Eighth Circuit recently reversed a district court sanctions order issued for “obstructive deposition practices.” While these sanctions were judged excessive, litigators must remember that aggressive discovery tactics are always a bad idea, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 'Pre-Approval' Design Defects? There's No Such Thing

    James Beck

    To counter preemptive U.S. Food and Drug Administration pre-approval design requirements, the plaintiffs bar has invented the concept of a “pre-approval” design defect. This novel type of claim targets the design of a drug as it stood before it was even submitted to the FDA. But this is a nonstarter under state law, and rightly so, says James Beck of Reed Smith LLP.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • Why Plaintiffs Bar Should Worry About Asbestos Suits

    Gregory Cade

    Asbestos-related cases have come to be known as the longest-running mass tort litigation ever, and they have collected a number of potential problems over time. Diminishment of trust funds for victims, loss of insurance coverage for asbestos defendants and long court backlogs are all potential issues attorneys must confront and discuss with their asbestos plaintiffs, says Gregory Cade of Environmental Litigation Group PC.

  • Rare Grable Removal Sighted In Missouri

    Julie Park

    A Missouri federal court recently found that, under the Grable doctrine, federal jurisdiction existed in a case brought under state law, because the plaintiffs’ claims dealt with the practices and regulations of a federal agency. Companies subject to federal regulation may find this case useful when seeking to invoke removal jurisdiction, say attorneys from Morrison & Foerster LLP.