Product Liability

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Zillow Uses Phony Appraisals As Strong-Arm Tactic, Suit Says

    An Illinois family that owns a construction business has hit Zillow Inc. with class allegations that the real estate website’s Zestimate feature gives inaccurate appraisals of homes in an effort to strong-arm homeowners into retaining Zillow-associated brokers.

  • May 23, 2017

    Patients Slam Bayer, Janssen's Bid To Cut Xarelto Claims

    Patients in multidistrict litigation claiming Janssen and Bayer’s blood thinner Xarelto caused irreversible bleeding told a Louisiana federal court Tuesday the companies should not be able to escape any claims that rely on allegations the patients previously dropped.

  • May 23, 2017

    Researchers Find Complex Defeat Device Code

    An international computer science research team has discovered the software code behind the defeat devices used in Volkswagen AG and Fiat Chrysler diesel cars to evade emissions standards, according to a study released Monday.

  • May 23, 2017

    Abbott's Depakote 'Most Toxic' Drug For Fetuses, Jury Told

    A boy born with severe health problems after his mother took a medication made by Abbott Laboratories was exposed to “one of the most toxic drugs to a human baby” sold on the U.S. pharmaceutical market, attorneys for the family told an Illinois federal jury Tuesday.

  • May 23, 2017

    Philly-Area Residents Defend Contamination Suit Against 3M

    Philadelphia-area residents who allege their water supplies were contaminated by cancer-causing chemicals used in firefighting foam sold to the U.S. Navy defended their class action suit from 3M and Tyco dismissal bids in a motion filed Monday in Pennsylvania federal court.

  • May 23, 2017

    Judge Scraps Insurers' Ideas To Divvy Wildfire Defense Cost

    American States Insurance Co. and the Insurance Co. of the State of Pennsylvania need to come up with better ideas for how to split the costs of defending two lumber companies that allegedly caused a forest fire, or get ready for trial, a California federal court ruled Monday.

  • May 23, 2017

    FDA Warning Wire: Pharma Staff Kept Info 'In Their Heads'

    A Chinese drugmaker improperly relied on unwritten procedures that employees kept “in their heads,” a New York medical device maker didn’t disclose a recall involving infection concerns, and a Texas supplement maker failed to confirm that its ingredients were legitimate, according to newly released U.S. Food and Drug Administration documents.

  • May 23, 2017

    11th Circ. Buttresses Smokers' Claims Against Tobacco Cos.

    With the Eleventh Circuit's en banc ruling Thursday in a smoker's suit against R.J. Reynolds and Philip Morris, Engle progeny plaintiffs dodged a federal-state court split that might have given the U.S. Supreme Court incentive to weigh in on whether plaintiffs could use the landmark tobacco class action's jury findings to buttress their strict liability and negligence claims.

  • May 23, 2017

    Insurer Says College Football Concussion MDL Not Covered

    Great American Assurance Co. asked a Texas court Monday to rule that the company doesn’t have to defend a National Collegiate Athletic Association conference against football concussion multidistrict litigation, saying the policy doesn’t cover football and that concussions are an “expected” injury on the gridiron.

  • May 23, 2017

    EPA Sues Fiat Over Emissions Testing 'Defeat Devices'

    Following months of investigation, the U.S. Environmental Protection Agency on Tuesday formally accused Fiat Chrysler of installing “defeat devices” in about 104,000 diesel vehicles that produced lower emissions levels during testing than while on the road, according to a lawsuit filed in Michigan federal court.

  • May 23, 2017

    Michael Best Adds Product Liability Partner In Chicago

    Michael Best & Friedrich LLP announced Monday that it has expanded its litigation practice group with the addition of a product liability partner from Reed Smith LLP, who will join the firm in its Chicago office. 

  • May 23, 2017

    Harry & David ‘Slack-Fill’ Consumer Suit Comes To A Close

    A “slack fill” consumer protection lawsuit accusing gourmet food gift maker Harry & David LLC of underfilling its Moose Munch popcorn tins was dismissed on Monday in New York federal court when the parties voluntarily brought the suit to an end.

  • May 23, 2017

    GM Slams Corvette Owners' Bid To Make Due Process Claims

    Forty Corvette owners can’t claim that their right to due process was violated when General Motors didn’t specifically inform them of bankruptcy proceedings, the automaker told a New York federal judge Monday, arguing that parties are bound by a court order even if they aren’t formally notified of it.

  • May 23, 2017

    Latest J&J Pelvic Mesh Injury Case Kicks Off In Philly

    The latest in a string of cases over a Johnson & Johnson unit’s allegedly defective pelvic mesh kicked off in Pennsylvania state court on Tuesday, as a jury heard arguments a woman had been left facing chronic pain after being implanted with one of the products nearly seven years ago.

  • May 23, 2017

    German Prosecutors Search Daimler Offices

    Daimler AG on Tuesday said that German prosecutors searched its offices in connection with a recently launched investigation into whether the German automaker's employees committed fraud connected to sales of its diesel cars by falsifying emissions documents.

  • 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.

Expert Analysis

  • Driverless Vehicles May Put The Brakes On Accident Suits

    Peter Hart

    When autonomous driving technology replaces error-prone human drivers, many are betting that businesses such as trucking firms, delivery services and shuttle operators will face dramatically fewer legal settlements and court battles triggered by vehicular accidents. Now is the time for companies to consider how the shift to autonomous vehicles could create opportunities and challenges for their businesses, says Peter Hart of LeClairRyan.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Don't Overlook The 1st Amendment In Labeling Litigation

    Michael Mueller

    Arguing that the First Amendment provides protection for product labeling is far from a slam dunk. But recent cases in Florida, Vermont and the District of Columbia highlight that, depending on the jurisdiction in which claims are brought, product suppliers and retailers may be able to defend their advertising and labeling practices on constitutional grounds, say attorneys with Hunton & Williams LLP.

  • Privacy, Security And The Internet Of Medical Things

    Diane Romza-Kutz

    Internet-connected medical devices can provide many benefits, but they also raise cybersecurity risks, which the U.S. Food and Drug Administration has just begun to confront. Market participants should seek to get out in front of these challenges, say Diane Romza-Kutz and Matt Hafter of Thompson Coburn LLP.

  • 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.