Product Liability

  • April 19, 2018

    Northrop Wins Final Toss Of Water Pollution Row At 2nd Circ.

    The full Second Circuit won’t reconsider a panel’s finding that a water district brought its water contamination claims against Northrop Grumman too late, the court said Thursday, rejecting the district’s contentions that the court’s ruling flouted precedent and would harm New York water providers.

  • April 19, 2018

    Dr Pepper Sheds ‘Diet’ Drinks Weight Loss Dispute

    A New York federal judge dismissed Wednesday a proposed class action alleging the “diet” label on certain Dr Pepper Snapple Group Inc. drinks falsely indicates to consumers that the beverages will assist with weight loss or management, finding a reasonable consumer is unlikely to be misled by the label.

  • April 18, 2018

    Lamorak Owes Olin $55M In Cleanup Row, Rakoff Rules

    U.S. District Judge Jed S. Rakoff on Wednesday ruled that Lamorak Insurance Co. owes Olin Corp. $55 million to cover the chemical producer’s payments to clean up five contaminated sites, after reducing the excess insurer’s liability by about $2.7 million, which was paid by other carriers that settled with Olin.

  • April 18, 2018

    Fla. Court Wants Hearing On Engle Firm Conflict Questions

    Two tobacco giants will get another shot at addressing alleged conflicts at a plaintiffs firm handling Engle progeny cases that hired a lawyer who had previously done related work for one of the companies, a state appeals court ruled Wednesday.

  • April 18, 2018

    Hundreds Seek To Centralize NJ Taxotere Hair Loss Suits

    Hundreds of women have called for centralized management of their New Jersey state actions alleging Sanofi-Aventis and other drug companies failed to adequately warn consumers about the risk of permanent hair loss from using the breast cancer drug Taxotere.

  • April 18, 2018

    Locks Law Snubbed In NFL Settlement Gatekeeper Role Bid

    Locks Law Firm will not take over for players in the NFL concussion settlement, a Pennsylvania federal court ruled Wednesday, dealing a blow to the upstart firm and ensuring that Seeger Weiss LLP will retain its leadership role as the massive program enters a new phase.

  • April 18, 2018

    Girardi Can’t Use Atty-Client Relationship To Nix Class Claims

    A California judge on Wednesday denied Girardi Keese’s bid to strike class claims from a suit seeking an accounting of $120 million in settlements from an oil contamination case, ruling the firm’s attorney-client relationship with the proposed class isn’t grounds for ruling out the possibility of certification.

  • April 18, 2018

    Boeing To Get $51M From Gov't For Enviro Cleanup Costs

    The federal government has agreed to pay Boeing $51 million to settle claims related to costs for remediating a Seattle-area manufacturing site that the company claimed was contaminated by work done for the military beginning during World War II, the parties jointly announced Wednesday.

  • April 18, 2018

    Intel Units Allowed Easy Entry For Hackers, Suit Says

    Intel was slapped with a proposed class action in Illinois federal court Tuesday claiming the tech giant took shortcuts when creating its central processing units, leading to a flaw that gives hackers and other cyber criminals the ability to access sensitive information on almost every computer that uses an Intel processor.

  • April 18, 2018

    Third Time's The Charm For Class In Pipeline Oil Spill Suit

    A California federal judge on Tuesday certified a class of property owners and lessees who sued Plains All American Pipeline LP after a massive 2015 spill befouled the California coast, giving the class a green light after rejecting two previous attempts at certification.

  • April 18, 2018

    Cape Codders Sue Tyco, 3M Over Foam-Contaminated Water

    A group of Cape Cod residents filed a putative class action Wednesday in Massachusetts federal court against 3M Co., Chemguard Inc. and Tyco Fire Products LP, claiming a fire-suppression foam manufactured by the chemical companies contaminated soil and groundwater, hurting property values and causing adverse health effects.

  • April 18, 2018

    Locke Lord Lands Ex-Troutman Arbitration Pro In Hong Kong

    Locke Lord LLP has nabbed a Troutman Sanders LLP partner to serve as its head of arbitration for East Asia, bolstering the firm’s Hong Kong offerings with his extensive experience in both dispute resolution and noncontentious matters, with a particular focus on areas like transportation, international trade, insurance and product liability.

  • April 18, 2018

    Eye Drop Suit Must Stay Tossed, Pharma Cos. Tell 1st Circ.

    A group of pharmaceutical companies including Bausch and Lomb, Allergan, Merck and Pfizer told the First Circuit that a Massachusetts federal judge made the right call in tossing a suit that claimed they should change the design of the bottles of eye drops to make them less wasteful.

  • April 18, 2018

    Fla. Appeals Court Upholds $6.3M Philip Morris Verdict

    A Florida appeals court on Wednesday affirmed a $6.3 million verdict against Philip Morris USA Inc. for contributing to the smoking-related lung cancer that killed an Army veteran in 1995 and devastated his wife and daughter.

  • April 18, 2018

    Ex-Massey CEO Says Withheld Docs Should Nix Conviction

    Former Massey Energy CEO and current U.S. Senate hopeful Don Blankenship moved Wednesday to throw out his conviction stemming from a deadly 2010 explosion at a mine operated by one of the company’s subsidiaries, saying federal prosecutors withheld documents that would have helped his defense.

  • April 18, 2018

    Driver Fights Mercedes' Dismissal Bid In Radiator Suit

    A driver claiming Mercedes-Benz USA LLC concealed knowledge that it equipped some of its cars with faulty radiators told a Massachusetts federal judge Tuesday the carmaker’s attempts to dodge the suit are “dubious” and the court is bound by actions from a 2011 suit not to dismiss it.

  • April 17, 2018

    Counties’ Claims Tossed In VW Diesel Emissions MDL

    A California federal court Monday tossed complaints from counties in Florida and Utah over Volkswagen AG's tampering with emission software in its vehicles, finding that the tampering claims are preempted by the Clean Air Act.

  • April 17, 2018

    Philip Morris Can't Slash Smoker's Award, 11th Circ. Says

    The Eleventh Circuit said Tuesday it wouldn’t slash a $634,201 jury verdict to a Philip Morris smoker who underwent a lung transplant, saying a lower court didn’t err by not reducing the award to reflect a Veterans Affairs discount the hospital received for his surgery.

  • April 17, 2018

    DEA Proposes Capping Opioid Quotas

    U.S. Attorney General Jeff Sessions on Tuesday announced that the U.S. Drug Enforcement Administration is proposing a rule that would allow it to slash how many opioids a pharmaceutical company can make if the agency suspects the drugs are being siphoned off for abuse.

  • April 17, 2018

    Sabra, PepsiCo Hit With Tainted-Hummus Insurance Dispute

    Sabra Dipping Co. and its part-owner PepsiCo Inc. neglected to have a PepsiCo insurer help pay for the loss from a recall of hummus that might have contained listeria, an insurer that did accept coverage for the outbreak has alleged in New York state court.

Expert Analysis

  • What Makes CPSC's Polaris Settlement Special

    Heather Bramble

    For members of industry, consumer advocates and those worried about partisan deadlock, the recent settlement between Polaris Industries and the U.S. Consumer Product Safety Commission may provide some faith in how the CPSC fulfills its important mission to keep consumers safe, says Heather Capell Bramble of Venable LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Unraveling FDA’s Recent Flurry Of Tobacco Activity

    Jonathan Havens

    Last month, the U.S. Food and Drug Administration issued three advance notices of proposed rulemaking related to nicotine. However, tackling any of the issues raised would be a significant undertaking on its own, and some are skeptical that any of the proposals will move forward, says Jonathan Havens of Saul Ewing Arnstein & Lehr LLP.

  • What Cos. Need To Know About China’s New Market Regulator

    Katherine Wang

    As part of a sweeping government restructuring plan announced last month, China is merging a range of government agencies into the new State Market Regulatory Administration. Multinational companies doing business in China must pay close attention to how functions within the newly consolidated agency will be organized, say attorneys with Ropes & Gray LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Why CPSC Sued To Recall Stroller That Met Standards

    Sheila Millar

    The U.S. Consumer Product Safety Commission has sued the maker of strollers with a detachable front wheel, despite the agency's prior approval of stroller standards that permit the feature. The outcome will affect whether companies can rely on CPSC approval of, and companies' compliance with, such standards as a legal defense, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.