A case that helped redefine product liability law in Pennsylvania was teed up for a new trial Friday after the state’s Superior Court said jurors had not been properly instructed on how to determine whether steel tubing linked to a lightning-sparked house fire was legally defective.
The U.S. Food and Drug Administration found issues with the way customer complaints were handled and how problems were investigated at a Pfizer plant in Kansas, a facility that has landed in the crosshairs of the agency before. Here’s this week’s roundup of the agency’s enforcement actions.
The U.S. Supreme Court on Tuesday declined review in several environmental cases, including challenges to how the U.S. Environmental Protection Agency interpreted an Eighth Circuit finding that it improperly crafted water pollution rules, and to the Third Circuit’s decision to toss a group of Pennsylvania residents’ lawsuit alleging they developed cancer after exposure to a nuclear facility’s emissions.
The U.S. Supreme Court on Tuesday refused to revive a malpractice and product liability suit against a California hospital and General Electric bought by a “vexatious litigant” — as deemed by a California court — who claimed a GE-made CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals.
Drug distributor Cardinal Health has exacerbated the opioid epidemic by filling suspicious drug orders and neglecting to alert the authorities about them, Kentucky's attorney general claimed in a suit filed Monday in state court.
Getting a tort reform or other state law ruled unconstitutional is no easy task, but Robert Peck has managed to make a career out of it, traveling across the country and helping to smash roadblocks for the personal injury plaintiffs bar, including a seminal take-down of Florida’s cap on noneconomic damages.
BP PLC has asked a Texas federal court to dismiss claims from two-thirds of the investor suits in multidistrict litigation related to the 2010 Deepwater Horizon spill, arguing that a recent U.S. Supreme Court case made clear that some claims based on company statements from before the spill should be barred by the statute of repose.
The fate of multidistrict litigation over the opioid crisis now rests heavily with 18 elite attorneys who've been tasked with negotiating a settlement in the historic case. Here, Law360 presents the names and faces of the negotiators, along with information about their biggest cases and notable achievements.
A Delaware bankruptcy judge agreed Friday to confirm Takata’s Chapter 11 plan that centers on a $1.6 billion sale to Key Safety Systems Inc. and uses proceeds to pay victims of Takata's dangerously defective air-bag inflators, after hearing that the major creditor groups were all on board.
The U.S. Consumer Product Safety Commission on Friday hit Britax with a suit claiming that certain jogging strollers are defective and have injured both children and adults, saying that the company has refused to recall the strollers.
The tribal operator of Harrah’s Cherokee Casino and Hotel has asked a North Carolina federal court to confirm a $3.7 million arbitration award against a concrete subcontractor for the collapse of a portion of a parking garage that caused a personal injury and a shutdown of the garage, saying the award has been paid in full.
A Pennsylvania federal court has declined to dismiss claims by a man with cancer against United States Steel Corp. over allegations that the company knowingly supplied machine lubricant ingredients that contained a cancer-causing compound, despite being aware of the risks.
Nissan has succeeded in trimming some breach of warranty and unfair trade practices claims from a proposed class action in California federal court alleging its panoramic sunroofs are prone to “explosively” shatter as a result of defects in the glass.
Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.
Metropolitan Property and Casualty Insurance Co. has sued American Honda Motor Co. in New Jersey state court over a policyholder's car and house damage after a Honda Odyssey minivan allegedly burst into flames.
A class of consumers in multidistrict litigation accusing ConAgra of misrepresenting its Wesson oils as all-natural has urged the First Circuit to require the company to notify the Judicial Panel on Multidistrict Litigation of a potential tag-along suit, arguing its failure to do so “undermined the entire purpose of the MDL process.”
The U.S. Environmental Protection Agency on Thursday announced that Amazon Services LLC will pay a $1,215,700 penalty to settle allegations it facilitated the distribution of imported pesticide products by third-party vendors that were not licensed for sale in the United States.
A New York bankruptcy judge has told Rapid-American Corp. it can’t stop the trio of insurance companies it claims failed to cover it from asbestos claims from subpoenaing the company’s claims handlers.
A California appeals court found Wednesday that a lower court wrongly dismissed a bingo device supplier’s suit against its insurer stemming from a London fire started by a battery in a device, saying there is a potential for coverage in the future.
The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.
Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.
In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.
2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.
U.S. Food and Drug Administration compliance evidence was for decades admissible evidence in product liability litigation, until rulings in pelvic mesh cases began to change the law. But last week, the judge in the Bard IVC Filters Products Liability Litigation held such evidence admissible, giving product liability defense counsel a clearly articulated and compelling argument, says James Beck of Reed Smith LLP.
If the California Court of Appeal's latest decision in City of Modesto v. The Dow Chemical Company continues to stand, it will have broad implications for chemical and equipment manufacturers and distributors who may find they are subjected to liability under the Polanco and Gatto Acts more frequently, say Ria Rana and John Parker of Goldberg Segalla.
The Ninth Circuit on Wednesday issued an important decision in Mineworkers' Pension Scheme v. First Solar that serves to protect investor rights in securities class actions and will prevent companies that commit fraud from evading liability, say Carol Villegas and James Christie of Labaton Sucharow LLP.
While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.
Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.
Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.
A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.