Product Liability

  • May 23, 2017

    Michael Best Adds Product Liability Partner In Chicago

    Michael Best & Friedrich LLP announced Monday that it has expanded its litigation practice group with the addition of a product liability partner from Reed Smith LLP, who will join the firm in its Chicago office. 

  • May 23, 2017

    Harry & David ‘Slack-Fill’ Consumer Suit Comes To A Close

    A “slack fill” consumer protection lawsuit accusing gourmet food gift maker Harry & David LLC of underfilling its Moose Munch popcorn tins was dismissed on Monday in New York federal court when the parties voluntarily brought the suit to an end.

  • May 23, 2017

    GM Slams Corvette Owners' Bid To Make Due Process Claims

    Forty Corvette owners can’t claim that their right to due process was violated when General Motors didn’t specifically inform them of bankruptcy proceedings, the automaker told a New York federal judge Monday, arguing that parties are bound by a court order even if they aren’t formally notified of it.

  • May 23, 2017

    Latest J&J Pelvic Mesh Injury Case Kicks Off In Philly

    The latest in a string of cases over a Johnson & Johnson unit’s allegedly defective pelvic mesh kicked off in Pennsylvania state court on Tuesday, as a jury heard arguments a woman had been left facing chronic pain after being implanted with one of the products nearly seven years ago.

  • May 23, 2017

    German Prosecutors Search Daimler Offices

    Daimler AG on Tuesday said that German prosecutors searched its offices in connection with a recently launched investigation into whether the German automaker's employees committed fraud connected to sales of its diesel cars by falsifying emissions documents.

  • May 23, 2017

    Benicar MDL Judge Dismisses Doc Accused Of Malpractice

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has dismissed a doctor accused of medical malpractice from the suit, on the grounds that there’s no evidence for the allegations.

  • May 23, 2017

    Feds Want 3 Years For Fla. Man Who Sold Expired Lap-Bands

    A Florida man should spend three years in prison after pleading guilty to selling expired gastric banding systems to doctors, federal prosecutors said Monday, calling for six months less than the sentencing guidelines given his help with their investigation into the fraud.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

  • May 22, 2017

    105 Tons Of Nathan's, Curtis Franks Recalled Over Metal Bits

    John Morrell and Co. is recalling about 105 tons of ready-to-eat Nathan's- and Curtis-brand hot dogs that may be contaminated with metal, the U.S. Department of Agriculture’s Food Safety and Inspection Service said Friday.

  • May 22, 2017

    Pruitt Appoints Task Force To Speed Up Superfund Process

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Monday said he’s creating a Superfund task force made up of agency professionals to rehabilitate polluted sites more quickly and make the process easier for companies.

  • May 22, 2017

    Consumer Groups Say FDA Dodging Food Safety Duty

    A number of consumer, health and food safety groups on Monday hit the U.S. Food and Drug Administration with a suit in New York federal court accusing it of shirking its responsibility for food safety by allowing food manufacturers to self-certify that certain additives are safe for consumption.

  • May 22, 2017

    Cane Juice Is Sugar Under Federal Law, Jelly Bean Buyers Say

    A proposed class of people who bought Jelly Belly Candy Co.’s “Sport Beans” urged a California federal court not to toss their lawsuit, saying Monday that federal law prohibits the candy maker from using “evaporated cane juice” as a substitute term for sugar on its ingredient lists.

  • May 22, 2017

    Paper Co. Loses Bid To Decertify Class In Fla. Flood Suit

    A Florida federal judge said Sunday that International Paper Co. failed to persuade her to reconsider her recent order certifying a class of homeowners for the purpose of determining whether the failure of an abandoned dam at one of the company's paper mills caused the flooding of their homes.

  • May 22, 2017

    Ryobi Settles Table Saw Injury Suit For $2M

    Ryobi Technologies Inc. has reached a $2 million settlement to a Pennsylvania state court lawsuit in which a Philadelphia man alleged he lost a part of a finger and suffered permanent nerve damage to another finger while using a table saw, attorneys for the plaintiff announced Monday.

  • May 22, 2017

    Egg Execs Denied Bid For Salmonella Sentence Review

    The U.S. Supreme Court has declined to review the three-month prison sentence a pair of Quality Egg LLC executives received for their alleged role in failing to prevent a national salmonella outbreak, denying their argument that the penalty trampled their constitutional due process rights.

  • May 22, 2017

    8th Circ. Revives Underground Fracking Pollution Case

    The Eighth Circuit on Monday revived a fracking pollution lawsuit against Southwestern Energy Co. brought by property owners who allege that the company’s waste migrated onto their land from a nearby well.

  • May 22, 2017

    NHTSA Investigates Recall Of Hyundai, Kia Vehicles

    The National Highway Traffic Safety Administration has launched an investigation into the recall of roughly 1.66 million vehicles by Hyundai Motor Co. and its affiliate Kia Motors Corp. over problems with the Theta II engine that could cause the vehicles to stall.

  • May 22, 2017

    Carmakers, Drivers Request Claims Admin. In Takata MDL

    Car drivers and the four carmakers who reached a $553 million deal recently to end claims in the multidistrict litigation over potentially fatal Takata Corp. air bags have asked a Florida federal court to tap Patrick Juneau, who oversaw the BP Deepwater Horizon oil spill settlement, as claims administrator.

  • May 22, 2017

    $60M Citibike No-Helmet Negligence Row Settles Before Trial

    New York City and Citibike have settled a rider's $60 million negligence lawsuit that was scheduled to go before a jury Monday, avoiding a trial that would have explored potentially uncomfortable questions about the city's decision not to require bike-sharers to don helmets.

  • May 21, 2017

    Time On Tobacco’s Side In Engle Progeny Battles

    Lengthy appeals and a massive court backlog are taking their toll on Florida’s cigarette plaintiffs.

Expert Analysis

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • Why Plaintiffs Bar Should Worry About Asbestos Suits

    Gregory Cade

    Asbestos-related cases have come to be known as the longest-running mass tort litigation ever, and they have collected a number of potential problems over time. Diminishment of trust funds for victims, loss of insurance coverage for asbestos defendants and long court backlogs are all potential issues attorneys must confront and discuss with their asbestos plaintiffs, says Gregory Cade of Environmental Litigation Group PC.

  • Rare Grable Removal Sighted In Missouri

    Julie Park

    A Missouri federal court recently found that, under the Grable doctrine, federal jurisdiction existed in a case brought under state law, because the plaintiffs’ claims dealt with the practices and regulations of a federal agency. Companies subject to federal regulation may find this case useful when seeking to invoke removal jurisdiction, say attorneys from Morrison & Foerster LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • Arizona's Off-Label Promotion Law May Hinge On Gottlieb

    Alexis Kellert

    As the U.S. Food and Drug Administration considers allowing drug and device makers to promote products for off-label uses, Arizona has legalized truthful off-label promotion. But the law's impact may depend on Scott Gottlieb's approach at the FDA, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In Tronox, 2nd Circ. Sends Clear Message About Injunctions

    Jack Haake

    There is value in the protections afforded by an injunction, be it through a settlement or a bankruptcy discharge. The Second Circuit’s recent decision in Tronox preserves an injunction’s value in two ways, says Jack Haake of Foley & Lardner LLP.

  • A Tale Of 2 States, And 2 Asbestos Verdicts

    Meghan Senter

    Two verdicts were handed down recently in mesothelioma lawsuits related to asbestos exposure. Both cases were heard in state courts, both involved a deceased plaintiff, and both were brought by the same firm. But the verdicts were very different, and illustrate how state-specific laws can be as damaging to a case as a bad set of facts, says Meghan Senter of Manion Gaynor & Manning LLP.