Product Liability

  • November 16, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG on Thursday urged a California federal judge to deny The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed its beef byproduct “pink slime,” saying Disney’s petition fails to include the news outlet and the reporter.

  • November 16, 2017

    Consumers Get State Classes Certified In Bayer Vitamin Row

    A California federal judge on Wednesday certified several state classes of consumers in litigation challenging the labeling of Bayer AG’s One A Day vitamins, but found that the shoppers leading the suit didn’t meet the burden for a nationwide class in an order that also rejected the company’s quick win bid.

  • November 16, 2017

    Greek-Style Foods Top Recall List Over Listeria Risk

    Yorgo’s Foods Inc., which specializes in Mediterranean-style food, is recalling more than 40 types of Greek-style products sold under its name and the Trader Joe’s brand because they may be contaminated with listeria, the company said Wednesday, a day when multiple listeria-related recall notices were posted to the FDA's website.

  • November 16, 2017

    Fed. Circ. Nixes Vets' Challenge To VA Agent Orange Policy

    A divided Federal Circuit panel on Thursday tossed a petition from Vietnam War Navy veterans challenging a U.S. Department of Veterans Affairs manual tweak instructing adjudicators to deny medical benefits to sailors serving in deep-water harbors who were allegedly exposed to Agent Orange, concluding the change isn’t a regulation over which it has jurisdiction.

  • November 16, 2017

    Tempur-Sealy, Insurer Settle Class Action Coverage Dispute

    Tempur-Sealy International Inc. reached an agreement with its liability insurer Wednesday to resolve a dispute before the Ninth Circuit over the costs of defending against a proposed class of consumers accusing the mattress company of lying in marketing materials.

  • November 16, 2017

    Tobacco Groups Blast FDA For ‘Massive’ Speech Restriction

    Advocacy groups representing smokers and the cigar and pipe industries blasted the U.S. Food and Drug Administration in D.C. federal court Tuesday, saying the agency's rule increasing the size of warning labels on tobacco products is a "massive" free speech restriction imposed without adequate scientific analysis.

  • November 16, 2017

    Auxilium Not Liable For Man's Heart Attack, Ill. Jury Finds

    An Illinois federal jury said Thursday that Auxilium's Testim did not cause a man's heart attack, handing the drugmaker a victory in its first trial in the multidistrict litigation over testosterone replacement therapy drugs.

  • November 16, 2017

    J&J, Talc Supplier Not Liable For Woman's Asbestos Illness

    A California jury on Thursday cleared Johnson & Johnson and its talc supplier of any liability for a woman’s terminal mesothelioma, an asbestos-related cancer, holding that there was no evidence that the companies’ talcum powder was unsafe.

  • November 16, 2017

    NFL Wants Hernandez CTE Suit Paused For MDL Ruling

    The National Football League urged a Massachusetts federal court Wednesday to pause a lawsuit filed by Aaron Hernandez’s daughter over his late-stage chronic traumatic encephalopathy pending a panel decision about whether to transfer the case to multidistrict litigation.

  • November 16, 2017

    J&J Slammed With $247M Verdict In Texas Hip Bellwether

    A Texas federal jury on Thursday hit Johnson & Johnson and its DePuy Orthopaedics Inc. unit with a combined $247 million verdict in a bellwether trial over DePuy’s Pinnacle line of metal-on-metal hip implants, delivering the third consecutive nine-figure verdict in the multidistrict litigation.

  • November 15, 2017

    Monsanto, Ag Groups Sue Calif. Over Glyphosate Listing

    Monsanto Co. and several agricultural industry groups on Wednesday sued California’s chemical watchdog over its decision this year to list the herbicide glyphosate — a key ingredient in Monsanto's Roundup weed killer — as a substance that is known to cause cancer.

  • November 15, 2017

    Auxilium's First Testosterone Bellwether Heads To Jury

    Auxilium knew that its testosterone replacement therapy drug Testim was not approved for men whose low testosterone was caused by their age but it promoted the drug for them anyway, turning their lives into “a vast experiment,” attorneys for a Testim user told an Illinois federal jury Wednesday.

  • November 15, 2017

    AIG Unit Must Face Construction-Defect Coverage Suit

    A California appellate court on Tuesday revived general contractor McMillin Management Services LP's bid for coverage of construction defect claims under its subcontractors' policies with an AIG unit, while affirming a lower court's decision that a second insurer has no duty to defend McMillin.

  • November 15, 2017

    Zen Magnets Can Resume Sales, For Now

    A Colorado federal judge on Tuesday granted the Consumer Product Safety Commission’s request to cancel a hearing scheduled in Zen Magnet LLC’s suit against the agency over an ordered recall of its magnet sets, allowing the company to temporarily resume sales.

  • November 15, 2017

    Abbott Won't Face Autism Claim In Depakote Birth Defect Trial

    An Illinois federal judge blocked autism-related claims Wednesday from an upcoming trial over whether Abbott Laboratories' epilepsy drug Depakote caused birth defects, saying such claims weren't supported in expert testimony.

  • November 15, 2017

    J&J, Bayer Fight Ex-FDA Head's Xarelto Warning Testimony

    A pair of Johnson & Johnson and Bayer AG units pushed back Wednesday against a onetime U.S. Food and Drug Administration chief's trial testimony that they provided inadequate warnings about the risks of bleeding associated with the blood thinner Xarelto, which allegedly caused a patient to bleed internally.

  • November 15, 2017

    Toyota Has Reached Deals In 496 Cases In Acceleration MDL

    Toyota has struck deals in 496 lawsuits over deaths and injuries stemming from an alleged unintended-acceleration defect in some of its vehicles, lawyers on both sides of multidistrict litigation told a California federal court Wednesday.

  • November 15, 2017

    Fla. Judge's Error Gets Tobacco Cos. New Lung Cancer Trial

    Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. will have a second shot at defending themselves against a suit brought by the estate of a smoker who died from lung cancer, with a Florida appeals court saying Wednesday that the trial court was wrong to block the jury from being able to review testimony from the man's brother.

  • November 15, 2017

    Dubai Bank Fights 9/11 Victims' Bid For Account Records

    Dubai Islamic Bank has urged a New York federal judge not to make it hand over information from certain accounts with alleged connections to terrorism to victims of the 9/11 terrorist attacks, saying that the requests are either irrelevant to claims against it or had already been waived.

  • November 15, 2017

    CPSC Issues Warning, 7 Recalls After Latest Hoverboard Fire

    The U.S. Consumer Product Safety Commission issued another warning Tuesday on the fire hazards of the LayZ Board handleless motorized scooter or “hoverboard” after one home was destroyed and four more were damaged, and it also issued seven recalls over the same concerns, traced to the devices’ lithium-ion batteries.

Expert Analysis

  • Cos. Should Note Guidance From Gov'ts On Human Rights

    Hannah Edmonds

    Recent legislative and courtroom developments in the U.K., the U.S. and further afield may have a significant impact on human rights compliance requirements for companies doing business internationally, say attorneys with Covington & Burlington LLP.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Federal Claims Must Meet Diversity Jurisdiction Burden

    Jeffrey Odom

    The Third Circuit recently dismissed a plaintiff’s fear of cancer claims arising from a chemical spill, and found the diversity jurisdiction burden was not met. Defendants should look beyond the sensational facts of toxic tort claims and challenge the evidence presented at filing to determine whether jurisdiction is proper, says Jeffrey Odom of Lane Powell PC.

  • Adapting To The New TSCA Regulatory Structure

    Judah Prero

    California Gov. Jerry Brown recently signed the Cleaning Product Right to Know Act of 2017 into law. It will require online ingredient listing and on-package disclosure of ingredients by manufacturers of cleaning products. This new law is just one of the latest actions taken by a state to somehow regulate the use of chemicals, says Judah Prero of Sidley Austin LLP.

  • Connected Products For Kids: Compliance Beyond COPPA

    J. Nicci Warr

    Manufacturers of "smart" products that collect, transmit or store data related to a child should be aware that, while compliance with the Children's Online Privacy Protection Act is crucial, other federal and state laws may also apply — and are likely to be strictly enforced when children’s personal information is at issue, says J. Nicci Warr of Stinson Leonard Street LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.