Product Liability

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Monsanto Can't Keep Ex-Atty Out Of Syngenta MDL

    A Kansas federal magistrate judge shot down Monsanto’s “implied request” to exclude its former longtime in-house attorney from serving as a witness in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, holding Thursday that the deposition will go forward, but the company’s counsel can attend to object or advise the ex-employee.

  • January 19, 2017

    Jury Says Truck Crash Victim's Family Entitled To Over $16M

    An Alabama jury found Thursday that the family of a man killed in an October 2013 automotive crash involving the truck he was driving was entitled to more than $16 million in punitive damages over a defective cab guard.

  • January 19, 2017

    Ethicon Trims Failure To Warn Claims In Mesh MDL

    The West Virginia federal judge overseeing the multidistrict litigation over Johnson & Johnson's Ethicon Inc. surgical mesh dismissed failure to warn claims brought by more than a dozen women, saying that they hadn’t produced evidence to show other warnings would have changed their doctors’ decisions to perform surgery.  

  • January 19, 2017

    Takata Bidders Reportedly To Seek Court-Led Rehab In Japan

    Two potential bidders in Takata Corp.'s rehabilitation will present proposals in Japan seeking a court-mediated restructuring of the embattled air bag manufacturer’s operations in the country, according to media reports.

  • January 19, 2017

    Fitbit Still Can’t Shake Shareholder Suit

    A California federal judge on Thursday rejected Fitbit Inc.’s renewed bid to duck a proposed shareholder class action alleging the company hid problems with its fitness tracking technology and inflated its stock prices, saying the investors had shown enough to proceed.

  • January 19, 2017

    4 Ex-NFL Players Rejoin Concussion Settlement Class

    A group of ex-NFL players who opted out of the league’s controversial concussion settlement are now asking the Pennsylvania federal judge overseeing the sprawling litigation to rejoin the class, according to documents filed Wednesday.

  • January 19, 2017

    Brazilian Mining Co. Has Plan To Settle $47.5B Dam Claim

    A Brazilian mining company and shareholders BHP Billiton Ltd. and Vale SA announced Thursday that they’ve agreed on a path for resolving a $47.5 billion civil claim by Brazilian federal prosecutors seeking social, environmental and economic compensation for a dam collapse that killed 19 people and devastated the countryside.

  • January 19, 2017

    High Court To Hear Dispute Over Plavix Users' Calif. Ties

    The U.S. Supreme Court agreed Thursday to take up Bristol-Myers Squibb Co.’s appeal of a California high court decision that allowed almost 600 out-of-state residents to sue the drugmaker over alleged injuries from blood-thinner Plavix because of the company’s ties to the state.

  • January 19, 2017

    BMW, Tesla, Others Add 652K Cars To Takata Air Bag Recall

    More than a dozen automakers, including Tesla, BMW and Nissan, on Wednesday agreed to recall another 652,000 vehicles equipped with possibly faulty Takata Corp. air bag inflators, according to documents filed with the National Highway Traffic Safety Administration.

  • January 19, 2017

    NHTSA Ends Tesla Probe, Finding No Safety Defect

    The National Highway Traffic Safety Administration on Thursday said that it had wrapped up its preliminary investigation of a fatal crash of a Tesla operating in Autopilot mode, finding that there was no safety defect that would prompt a recall.

  • January 19, 2017

    Zico Coconut Water 'No Added Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    4th Circ. Backs Ex-Massey CEO's Conspiracy Conviction

    The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.

  • January 19, 2017

    Customer Fights Soap Maker's Bid To Duck 'Natural' Suit

    The leader of a proposed class action accusing Beaumont Products Inc. falsely peddling its Clearly Natural Essentials soaps as "natural" despite containing synthetic ingredients urged a New York federal judge Wednesday to ignore a dismissal request “that will serve no useful purpose.”

  • January 19, 2017

    Colgate Seeks To Brush Away Toothpaste False-Ad Suit

    Colgate-Palmolive asked a New York federal judge on Wednesday to toss a proposed class action alleging the company overstated the tooth-whitening power of one of its toothpaste brands, saying federal labeling regulations eclipse any state laws on the subject.

  • January 19, 2017

    Wal-Mart's Bike Assembly Causes Injuries, Buyer Says

    Wal-Mart Stores Inc. was smacked Wednesday with a proposed class action in Florida federal court looking to hold the mega-retailer liable for at least $5 million in damages caused to consumers who were allegedly injured due to the “sloppy” in-store assembly of bicycles.

  • January 18, 2017

    Fla. Sues RJR For Stopping Payments Under Tobacco Deal

    Florida's attorney general said Wednesday that the state has stopped receiving annual tobacco settlement payments for the Winston, Kool and Salem cigarette brands since R.J. Reynolds Tobacco Co. sold them to ITG Brands LLC for $7 billion.

  • January 18, 2017

    Remington Seeks Final OK Of Faulty Trigger Suit Settlement

    Remington Arms Co. LLC on Tuesday asked a Missouri federal court for final approval of a settlement to end a class action brought by gun owners in which it agreed to replace allegedly defective faulty trigger mechanisms in its best-selling Model 700 rifle and pay up to $12.5 million to class counsel.

  • January 18, 2017

    Widow Tells Jury Of Husband’s Death From Tainted Steroids

    The widow of a man who was injected with tainted steroids described her husband’s death to a federal jury in Boston on Wednesday, for the first time giving voice to the human agony behind a pharmacist’s murder trial and the most devastating pharmaceutical disaster in American history.

  • January 18, 2017

    $5M Deal On J&J Bedtime Baby Products OK’d

    An Illinois federal judge granted final approval Wednesday to a $5 million settlement that ends four lawsuits accusing Johnson & Johnson of selling bath products that deceived parents into believing their babies would sleep longer.

Expert Analysis

  • Defibrillator Decision Does Not Shock The Conscience

    Eric Alexander

    Bad cases make bad law, but egregiously overreaching cases can make good law. In Wallis v. Brainerd Baptist Church, decided recently by the Tennessee Supreme Court, a dead man's estate sued the seller of a defibrillator that was available but not used on the decedent during his heart attack. Imposing liability in such circumstances would be bad public policy, says Eric Alexander of Reed Smith LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.