Product Liability

  • February 21, 2017

    Ex-NFL Players Can’t Reassert RICO Claim In Painkiller Suit

    A group of former NFL players who claim the league encouraged them to abuse painkillers can’t get more time to amend their proposed class action in order to assert a fresh racketeering claim through the addition of a new player, a California federal judge ruled Tuesday.

  • February 21, 2017

    FDA Warning Wire: Pfizer Lapse Boosts Teva Blockbuster

    A newly disclosed warning letter to Pfizer is setting off a chain reaction that will likely delay a generic version of Teva’s blockbuster Copaxone, one of the world’s best-selling drugs. Here’s a look at the remarkable development and other U.S. Food and Drug Administration warnings announced in recent days.

  • February 21, 2017

    Justices Won't Hear BNSF Conductor Death Appeal

    The U.S. Supreme Court on Tuesday declined to review the New Mexico Supreme Court’s finding that BNSF Railway Co. can be held liable for the death of a conductor who reportedly fell off a train operating within the speed limit.

  • February 21, 2017

    Limited Exposure Dooms Nissan False Ad Class, Judge Says

    A California federal judge has refused to grant class certification to Nissan Infiniti owners who sued the automaker over entertainment systems that allegedly didn’t live up to advertised promises, finding that Nissan’s advertising wasn’t widespread enough to presume all possible class members actually saw and relied on it.

  • February 21, 2017

    Chemical Overload Killed Fresenius Patient, Jury Told

    A North Carolina man died from an excess of chemical ingredients in the Fresenius drug NaturaLyte, an expert witness testified Tuesday in a bellwether trial over the medication.

  • February 21, 2017

    Justices Won't Hear Appeal Of Zenith ERISA Verdict

    The Supreme Court on Tuesday declined to hear a pension fund’s appeal of the dismissal of its claims Zenith American Solutions mismanaged $2.4 million of its funds.

  • February 21, 2017

    Supreme Court Won't Hear Law Firm's Avandia Fund Dispute

    The U.S. Supreme Court said Monday it would not hear arguments following a Third Circuit decision forcing a law firm to set aside a share of proceeds into a common benefit fund after helping settle a batch of product liability suits in Illinois over GlaxoSmithKline PLC’s diabetes drug Avandia.

  • February 21, 2017

    Feds Push Back At Exhibits In Meningitis Murder Trial

    Prosecutors on Monday asked a Massachusetts federal judge to exclude exhibits showing the layout of a compounding pharmacy linked to the deadly 2012 meningitis outbreak, saying that the diagrams — created by the defense team for a pharmacist facing murder charges — are misleading.

  • February 21, 2017

    Keurig Pays $5.8M To End CPSC Probe Over Burning Brewers

    Keurig Green Mountain Inc. has struck a $5.8 million deal with the U.S. Consumer Product Safety Commission to end allegations that the company knew a defect in its coffee makers was giving customers second- and third-degree burns but didn't take any action, the agency said Tuesday.

  • February 21, 2017

    Syngenta MDL Class Counsel Want Other Firms To Butt Out

    Class counsel for a nationwide group of corn producers, as well as groups from eight states, in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn accused several law firms of trying to steal their clients, asking a Kansas federal court Friday to direct the firms to stay away.

  • February 21, 2017

    Navistar Says Bus Co.'s RICO Suit Is A Nonstarter

    An Illinois school bus company’s latest complaint claiming Navistar International Corp. ran a racketeering enterprise involving the sale of buses with defective brakes and engines is just as flawed as the one a federal judge dismissed in December, Navistar has told the court.

  • February 21, 2017

    High Court Won't Hear $400M Petrobras Suit Appeal

    The U.S. Supreme Court on Tuesday declined to review the question of whether the Fifth Circuit applied the wrong laws when it revived a $400 million suit against Vicinay Cadenas over the failure of an allegedly faulty marine chain at an offshore oil and gas facility.

  • February 21, 2017

    High Court Rejects Plane Parts FCA Revival

    The U.S. Supreme Court refused Tuesday to take on a would-be whistleblower’s False Claims Act suit, repeatedly rejected by the Fifth Circuit, accusing government contractors such as Northrop Grumman Corp. and Bombardier Inc. of reusing aircraft parts from a crashed plane.

  • February 21, 2017

    Samsung Says 4 Exploding Phone Suits Too Few For MDL

    Samsung Electronics America Inc. and a party suing it have both formally opposed consolidating four proposed class actions in New York and California into multidistrict litigation alleging that Samsung has ignored overheating dangers in models other than the Galaxy Note 7, which was recalled after dozens burst into flames.

  • February 17, 2017

    9th Circ. Doubts Timeliness Of Amgen Off-Label Sales Suit

    A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.

  • February 17, 2017

    Ill. High Court Lets Railroad Employer Dodge Injury Suit

    Union Pacific Railroad Co. was improperly found liable for an employee's injuries, the Illinois Supreme Court ruled Friday, finding that railroad employers can pass off workplace injury liability to a third party in certain cases.

  • February 17, 2017

    'Phantom' Drone Maker Sued Over Faulty App Software Update

    A market leader in consumer drone technology was hit with a putative class action Thursday in Pennsylvania federal court spurred by an allegedly harmful firmware update in December 2015 that rendered certain commercial drones in its "Phantom 2" line unable to record video and take photos.

  • February 17, 2017

    Enviros Ask 9th Circ. To Revive PG&E Water Pollution Suit

    An environmental group asked the Ninth Circuit Friday to revive its suit alleging Pacific Gas & Electric Co. storage facilities contaminate stormwater that discharges into California waterways, saying a lower court erred in finding the suit’s Resource Conservation and Recovery Act claims were barred because the pollution was regulated by the Clean Water Act.

  • February 17, 2017

    4 Cos. Agree To $14.8M Deal To Clean Up Ill. Superfund Site

    Pharmacia LLC, Solutia Inc., ExxonMobil Oil Corp. and Cerro Flow Products will pay $14.8 million to clean up six former waste disposal sites at an Illinois Superfund site, the U.S. Department of Justice and U.S. Environmental Protection Agency said Friday.

  • February 17, 2017

    Shopper Says Nordstrom Misleadingly Advertises Sales

    After one too many shopping trips at Nordstrom allegedly ended with the clothing retailer not delivering on its promise of certain advertised prices, an Alaska woman took action with a lawsuit on Thursday in federal court accusing the company of fraud.

Expert Analysis

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Justice Gorsuch And Product Liability Litigation

    Eric Wolff

    What does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation? His Tenth Circuit record suggests that, if confirmed, he may have a significant effect on issues including admissibility of expert testimony, federal preemption and personal jurisdiction, says Eric Wolff of Perkins Coie LLP.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Biomarker Exposure Tests Will Revolutionize Toxic Torts

    Giovanni Ciavarra

    Some product liability cases are tough to resolve because of uncertainty over durations or amounts of toxic exposure. But advances in molecular biology are leading to tests for biomarkers of exposure to asbestos, benzene, cigarette smoke and other substances. Such evidence may be important for both plaintiffs and defendants, say Giovanni Ciavarra of Innovative Science Solutions LLC and and Kirk Hartley of LSP Group LLC.

  • When Smartphones Get The Blame For Driver Distraction

    Freddy Fonseca

    In Modisette v. Apple, the Superior Court of Santa Clara County, California, must decide whether a smartphone manufacturer has a duty to protect the public by preventing the use of certain applications while driving. But the plaintiffs — who allege that Apple's iPhone was defective because the company failed to implement a patented "lock out" feature — face an uphill legal battle, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • Affirmed: Pharmacies Are Not Liable For Drug Labeling

    Jaclyn Setili

    Plaintiffs in the Lipitor multidistrict litigation in the Eastern District of Michigan alleged that the risks of taking Lipitor were not properly disclosed, by either the manufacturer or their pharmacists. But under the Federal Drug and Cosmetic Act, a pharmacy has no authority to unilaterally change a drug’s label, says Jaclyn Setili of Reed Smith LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.