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Product Liability

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    Athenex Pharma OK'd To Intervene In Par Suit Against FDA

    A D.C. federal judge has cleared pharmaceutical company Athenex Pharma Solutions LLC to intervene in Par Pharmaceutical's suit accusing the U.S. Food and Drug Administration of improperly letting compounding pharmacies sell cheaper copycats of its blood pressure drug vasopressin.

  • August 16, 2018

    Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

    Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively.

  • August 16, 2018

    NJ High Court Centralizes Some J&J Hernia Mesh Lawsuits

    The New Jersey Supreme Court has signed off on the centralized management of state lawsuits involving claims that a certain Johnson & Johnson hernia mesh product was defective and seriously injured consumers, while declining to consolidate cases dealing with similar devices.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    Rising Star: Greenberg Traurig's Marcella Ducca

    Greenberg Traurig LLP shareholder Marcella Ducca’s expertise in women’s health products, particularly her work for Bard in the massive transvaginal mesh litigation, has landed her a spot among the five product liability attorneys under 40 on Law360’s list of Rising Stars.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    NY, Calif. L'Oreal Keratin Classes Get Partial Cert.

    A federal judge Wednesday granted partial certification to New York and California classes in false advertising litigation against L'Oreal USA Inc. over a shampoo and two related hair products, denying some class claims and a nationwide class because they turned on whether consumers relied on the alleged misrepresentations, which can only be determined individually.

  • August 15, 2018

    Insurers Sue RV Maker After 'Spontaneous Fire' In Vehicle

    Recreational vehicle manufacturer Newmar Corp. removed to federal court Wednesday claims brought by four insurance companies seeking reimbursement for coverage of payments they made to vehicle owners after an RV made by Newmar spontaneously burst into flames and damaged other vehicles at a Florida storage facility.

  • August 15, 2018

    Insurer Off Hook In Texas Employment Appeal

    A Texas appeals court on Wednesday blessed the win of insurer Texas Mutual in an underlying dispute over coverage for a policyholder whose employee sued after being injured in the course of railroad work.

  • August 15, 2018

    Consumers Seek To Restart Kind Bar False Labeling Suit

    Consumers in a proposed class action claiming that Kind LLC falsely advertises its products as non-GMO on Wednesday asked a federal New York judge to unpause the litigation, saying there’s no telling when the federal government will set a national standard for genetically modified food disclosures.

  • August 15, 2018

    Ford Should Escape Punitives In Asbestos Suit, Judge Says

    Ford should not face punitive damages in a longtime car and aircraft mechanic’s asbestos injury suit, a Delaware federal magistrate judge recommended Wednesday, saying the mechanic hasn’t presented plausible evidence that Ford acted egregiously in including asbestos in components.

  • August 15, 2018

    Pratt & Whitney Hit With Defective Military Engine FCA Suit

    Pratt & Whitney and its parent United Technologies Corp. sold the U.S. military tens of millions of dollars in defective fighter jet engines, unnecessarily exposing military pilots to the risk of catastrophic engine failures, according to a whistleblower False Claims Act complaint unsealed Wednesday in Connecticut federal court.

  • August 15, 2018

    Housing Agency Must Face New Yorkers' Suit Over Lead Paint

    The New York City Housing Authority, Mayor Bill de Blasio and other city officials must face allegations that they flouted federal housing law by failing to inspect or fix lead paint in public housing, but not claims that they violated the residents' constitutional rights, a New York federal judge has ruled.

  • August 15, 2018

    3rd Circ. Won't Boost Man's $500 Award Over Conrail Spill

    The Third Circuit on Wednesday shot down a higher damages bid by a man who alleged he was exposed to a dangerous chemical from a Conrail freight train derailment, ruling that a lower court properly found that his expert witness didn’t proffer reliable evidence that his cancer risk increased.

  • August 15, 2018

    NJ Justices Upend Fees In Injury Row Under Settlement Rule

    The New Jersey Supreme Court ruled Wednesday that a rock wall parts manufacturer is not on the hook for attorneys’ fees in a product liability action under the so-called offer-of-judgment rule after its share of a liability verdict fell below the proposed settlement amount.

  • August 15, 2018

    600 Lb. Gorillas, Mister Cookie Face Case In Jury's Hands

    A nearly $4 million breach of contract case over the butterfat content of ice cream sandwiches is in the hands of a Massachusetts federal jury after attorneys on Wednesday argued over whether Mister Cookie Face LLC ruined dessert maker 600 lb. Gorillas Inc.'s business by changing a formula that left customers with an icy taste in their mouths.

  • August 15, 2018

    Makah Indian Tribe Hits Pharma Cos. With Opioid Crisis Suit

    The Makah Indian tribe on Tuesday hit a host of drug manufacturers and distributors with a federal lawsuit, accusing them of promoting and dispersing prescription opioid drugs without concern for the consequences, becoming the latest tribe to sue over the opioid epidemic.

  • August 15, 2018

    Rising Star: DLA Piper's Brooke Kim

    DLA Piper partner Brooke Kim has amassed numerous victories on behalf of defendants in product liability cases over her career, including major wins for Bristol-Myers Squibb in suits over its blood thinner Eliquis, earning her a spot as one of five product liability law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 14, 2018

    Gerber Can't Dodge Consumer Class Action Over Formula

    An Illinois federal judge on Tuesday refused to toss claims Nestle and Gerber Products Co. falsely advertised that their infant formula prevents babies from developing allergies, finding the proposed class action cited specific misrepresentations by the companies.

Expert Analysis

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

    Monica Sullivan

    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.