Product Liability

  • January 17, 2018

    Gov't Wants Gold King Mine Spill Suit Paused For MDL Panel

    The federal government asked a New Mexico federal court Wednesday to pause litigation brought by the state and the Navajo Nation over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation ponders whether to consolidate several actions stemming from the incident, saying it’s the most reasonable approach.

  • January 17, 2018

    DOT To Face More Data Fights After Safety-Record Ruling

    The D.C. Circuit’s finding that the U.S. Department of Transportation can be sued for mishandling safety citation records that potentially hurt truck drivers’ job prospects may expose the agency to fresh litigation and force it to better manage its information systems, experts say.

  • January 17, 2018

    CDC Warns Coconut Linked To Salmonella May Be In Stores

    A multistate outbreak of salmonella infections related to packaged Coconut Tree-brand coconut distributed by Evershing International Trading Co. continues to pose a danger because the product remains in stores and can last for several months if kept frozen, the Centers for Disease Control and Prevention said Tuesday.

  • January 17, 2018

    Flint Urges 6th Circ. Not To Revive Whistleblower Suit

    The city of Flint, Michigan, and its mayor on Wednesday urged the Sixth Circuit not to revive a former city administrator’s lawsuit alleging she was fired for seeking an investigation into claims the mayor directed donations meant for water contamination victims into a campaign fund.

  • January 17, 2018

    Pa. Court Urged To Resurrect Actiq Off-Label Marketing Suit

    The attorney for the father of a Pennsylvania man who died from methadone toxicity after being prescribed Cephalon’s opiate painkiller “lollipop” Actiq to treat migraine headaches urged a state appeals court Wednesday to revive his lawsuit, contending that his claims were not preempted by federal law.

  • January 17, 2018

    J&J Unit Can't Nix FCA Suit Over Hip Implants Yet

    A Massachusetts federal judge on Wednesday nixed a bid from Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. to escape a revised version of a suit alleging they indirectly submitted false claims to the government for faulty hip replacement devices.

  • January 17, 2018

    Corvette Drivers' Warranty Claims Outrun GM Dismissal Push

    A Florida federal judge on Tuesday trimmed claims from a proposed class action over the Corvette Z06, but kept the suit’s warranty claims, finding ambiguities in General Motors LLC’s contract language made it unclear whether it was on the hook for an alleged design flaw that causes the race cars to rapidly decelerate.

  • January 17, 2018

    NJ Justices Won't Review Sony's Win In Exploding TV Suit

    The New Jersey Supreme Court has affirmed Sony Electronics Inc.’s trial victory in a suit over a purportedly combustible television, declining to review an appellate court’s finding that there was no evidence of juror bias, according to an order released Wednesday.

  • January 17, 2018

    Philly Becomes Latest To Sue Drugmakers For Opioid Crisis

    The city of Philadelphia became the latest municipality to attempt to hold drug manufacturers responsible for the nation’s growing opioid crisis Wednesday, filing a state court lawsuit accusing Allergan, Purdue, Endo, Janssen and Teva of deceptive marketing.

  • January 17, 2018

    Sephora Sold Eye Serum That Burned Man's Face, Suit Claims

    Cosmetic companies Sephora and Peter Thomas Roth have been hit with a suit in New York state court alleging an eye serum caused red bumps on a customer’s face, with one of the bumps creating a hole that has not healed.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Tattoo Removal Co. Mostly Escapes False Ad Class Action

    Massachusetts company Cynosure Inc., which manufactures aesthetic laser machines used in tattoo removal procedures, on Tuesday escaped the bulk of a class action brought against it by clinics who purchased the lasers, and alleged the products did not live up to what was represented in advertising materials.

  • January 16, 2018

    Trump's Mar-A-Lago Again Cited For Food Safety Issues

    Florida state restaurant inspectors found food safety issues and building problems at President Donald Trump’s Mar-a-Lago Club in Palm Beach during a November visit, nearly a year after a previous visit turned up food violations at the private club.

  • January 16, 2018

    Chicago Pays $115M To Woman Paralyzed At O'Hare Airport

    The city of Chicago has paid $115 million to a woman paralyzed from the waist down by a falling pedestrian shelter at O’Hare International Airport, with the deal ending the city’s challenge to a jury’s award of $148 million to the woman, her attorneys announced Tuesday.

  • January 16, 2018

    DAs Seek Uber Data Showing If It Shelved Drunken Drivers

    San Francisco and Los Angeles district attorneys asked a California judge Tuesday to order Uber to hand over data on whether it suspended drivers accused of using drugs or alcohol on the job, or if the company misrepresented its zero-tolerance policy — an alleged violation that could cost Uber $15 million.

  • January 16, 2018

    Nissan Wants Sentra Transmission Defect Suit Trimmed

    Nissan North America Inc. has asked a California federal judge to trim a proposed class action alleging certain Nissan Sentras had faulty transmissions prone to overheating, saying the lead plaintiff cannot support his "broad" claims for restitution, implied warranty violations and unjust enrichment.

  • January 16, 2018

    Firms Deserve $9M Fine For ‘Baseless’ Engle Suits: Report

    A special master on Friday told a Florida federal court that it shouldn’t change a $9.1 million sanctions order against two law firms for filing and maintaining "baseless" tobacco lawsuits, saying the sanctions would compensate the public for the cost of the frivolous filings.

  • January 16, 2018

    37 Babies Sickened By Recalled French Milk Products

    Families of babies sickened by salmonella-tainted milk products made by French company Lactalis are pursuing legal action over a recall that has spread to 12 million boxes of milk in 83 countries, according to media reports on Monday.

  • January 16, 2018

    FDA Warning Wire: Allergan Gets New Ammo Against Rival

    The latest warning letters from the U.S. Food and Drug Administration are giving new ammunition to Allergan Inc. in its high-stakes battle with a rival drug company and putting a Chinese drugmaker on notice of “life-threatening” risks posed by its manufacturing practices.

  • January 16, 2018

    AMD Hit With Investor Suit Over Chips' Vulnerability

    Chipmaker Advanced Micro Devices Inc. downplayed its vulnerability to a recently revealed security flaw dubbed Spectre, causing shares to drop when the company disclosed the true extent of its chips' susceptibility, says a proposed class action filed in California federal court Tuesday.

Expert Analysis

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • How A Fla. Verdict Could Change Asbestos Litigation

    Stephanie Spritz

    A Florida plaintiff recently won a $6.9 million asbestos verdict against Union Carbide, overturning a previous win for the defense. The plaintiff's successful reliance on the consumer expectations test could have far-reaching effects on asbestos litigation, says Stephanie Spritz of Manion Gaynor & Manning LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Why Physician Choice Matters In Medical Product Cases

    Luther Munford

    When the law addresses medical judgment directly, it allows room for reasonable physician choice. But a product liability suit over a design defect may not allow any such room. To protect physician choice, courts must resist turning product liability disputes into contests where reasonable physician choice has no place, says Luther Munford of Butler Snow LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Connected Devices Bring New Product Liability Challenges

    Erin Bosman

    The U.S. Consumer Product Safety Commission is charged with protecting consumers from products that pose potential hazards. Traditionally, this has meant hazards that may cause physical injury or property damage. But as internet-connected household products proliferate, along with cybersecurity and privacy concerns, technological innovation is far outpacing the regulatory process, say attorneys with Morrison & Foerster LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Why Sales Rep Witness Tampering Accusations Matter

    Ryan O'Neil

    In two recent product liability trials, plaintiffs have alleged that witnesses were improperly contacted by pharmaceutical and medical device sales representatives. Such allegations can be damaging to a case and to attorney credibility, and can divert precious resources midtrial, while sidelining the actual products liability claims at issue, say Ryan O’Neil and Anne Gruner of Duane Morris LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.