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Product Liability

  • November 13, 2018

    FDA Warns Stem Cell Co. On Marketing, Manufacturing

    The U.S. Food and Drug Administration on Tuesday announced it had sent a warning to StemGenex Biologic Laboratories LLC for marketing a purported stem cell product without federal approval and for deviating from good manufacturing practices in ways that could lead to the product’s contamination.

  • November 13, 2018

    Hess Agrees To Pay $8.72M For Spill That Killed Pelicans

    Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.

  • November 13, 2018

    Justices Won’t Hear Cert. Dispute In Vitamin E Labeling Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Pharmavite LLC over the certification of a class in a suit alleging its vitamin E supplements were misleadingly labeled.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit

    A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Judge OKs Release Of Market Share Data In Opioid MDL

    The Ohio federal judge overseeing massive multidistrict litigation over the nation's opioid crisis granted a request by lead attorneys for local governments to distribute market share data, from a federal database, of opioid sales to counties and other entities.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    New York City Asks 2nd Circ. To Revive Climate Suit

    New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.

  • November 9, 2018

    Hyundai Failed To Honor Sonata Warranties, Drivers Say

    Hyundai is refusing to honor the limited warranty for certain Sonata vehicles by wrongly asserting proof of regular maintenance is necessary for repairs, according to a putative class action lawsuit filed in South Carolina federal court.

  • November 9, 2018

    Homeopathic Co. Beats Consumer's Sugar Pill Claims

    A three-judge panel in the Ninth Circuit has sided with Boiron Inc., affirming its victory in a suit brought by buyers who claimed the company’s homeopathic pills did not provide relief for flu symptoms and that the company falsely advertised the pills’ capabilities.

  • November 8, 2018

    Fla. Jury Says Engle Plaintiff Was Not Addicted

    A third trial outing in a rare federal Engle case resulted in a win Wednesday for R.J. Reynolds Tobacco Co. and Philip Morris International Inc. when a jury found the plaintiff was not addicted and thus disqualified as an Engle class member, capping a dispute so bitterly fought it made a judge leave after its second trial.

  • November 8, 2018

    9th Circ. Delays Kids' Climate Change Trial Against Gov't

    A high-profile lawsuit brought by children accusing the federal government of causing climate change hit its latest roadblock Thursday when the Ninth Circuit stayed an already-delayed trial in the case, marking the latest twist for the potentially landmark suit that was recently reviewed by the U.S. Supreme Court.

  • November 8, 2018

    Bombardier Can Keep Software Secret In Fatal Crash Case

    A Texas appeals court on Thursday sided with Kongsberg Inc. and Bombardier Recreational Products Inc. in their bid to keep private their trade-secret software programs in a suit over a fatal three-wheel motorcycle crash, deciding the programs were not essential to the case.

  • November 8, 2018

    New J&J Pelvic Mesh Trial Ordered In Pa.

    A Pennsylvania state judge has said that there should be a new trial in a woman’s suit alleging she was injured by a pelvic mesh implant made by a Johnson & Johnson unit after previously overturning part of a verdict in the company’s favor.

  • November 8, 2018

    Mo. Duck Boat Captain Indicted After Sinking Killed 17

    The captain of an amphibious “duck boat” that sank in a Missouri lake in July, killing 17 people, was charged in federal court on Thursday after prosecutors said he failed to take necessary safety precautions or warn the passengers to put on their life jackets.

  • November 8, 2018

    Apple Hit With Suit Over NYC Man's Exploding IPhone

    A New York City resident on Thursday hit Apple Inc. with a suit in state court, alleging that he was "caused to suffer and sustain severe bodily injuries" when his iPhone 6S exploded.

  • November 8, 2018

    Bertolli Maker Ducks Labeling Suit Brought After Settlement

    A D.C. federal judge on Thursday tossed a proposed class action over the labeling of Bertolli "extra virgin" olive oil that was brought on the heels of a $7 million settlement over similar claims, finding the complaint was thin on facts.

  • November 8, 2018

    Pyrex Buyers Say Defect Suit More Durable Than The Glass

    A proposed class action of Pyrex owners alleging the dishes are prone to exploding challenged the glassware company’s move to reject their defect suit, telling an Illinois federal court on Wednesday that the company is trying to hide behind its package warnings and limited warranty.

Expert Analysis

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.

  • How SUPPORT Will Affect Pharma Interactions With DEA

    Jodi Avergun

    While the SUPPORT Act is largely directed at treatment and prevention, it contains several momentous provisions for companies that manufacture, distribute or dispense opioid medications. Interestingly, the act also imposes significant analytical and reporting hurdles on the U.S. Drug Enforcement Administration, says Jodi Avergun of Cadwalader Wickersham & Taft LLP.

  • Opinion

    Calif. Prop 65 Proposals Are Bad Policy

    Robert Falk

    The California Office of Environmental Health Hazard Assessment’s current Proposition 65 proposals represent significant change to long-standing regulations and continue the agency’s attack on the scientific principles that were relied on to support the existing requirements, say attorneys with Morrison & Foerster LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Probabilities Vs. Consequences: Drone Liability Planning

    Robert Hanseman

    The same principles apply to drone operations as to other forms of aviation: Always plan for an eventuality to happen, no matter how slight the risk, and then minimize the danger of that eventuality, say Robert Hanseman and Joseph Zeis of Sebaly Shillito and Dyer LLP.

  • A First Look At The Sweeping New Opioid Law

    Kathleen McDermott

    The SUPPORT Act, signed into law this week, is Congress' long-anticipated response to the national opioid crisis. The act's wide-ranging provisions take aim at the entire health care continuum, reflecting the breadth of the crisis as well as the collective resolve of Congress to address the challenges, say attorneys at Morgan Lewis & Bockius LLP.

  • Calif.'s Updated Slack-Fill Law: What Cos. Should Know

    Kristi Wolff

    California recently amended its slack-fill packaging law, creating several new exemptions that may provide companies some relief from the slack-fill lawsuits that have proliferated in the state, say attorneys with Kelley Drye & Warren LLP.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.