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Product Liability

  • July 13, 2018

    Firm Fights DQ In Cigarette Cases Before Fla. High Court

    A Florida law firm urged the state’s Supreme Court on Thursday to overturn its disqualification from a lawsuit against cigarette companies for hiring a lawyer who had done work for Philip Morris, arguing that the decision could leave more than 100 clients without their preferred counsel.

  • July 13, 2018

    CrossFit Foe Fights Insurer's Escape Bid In False Ad Suit

    The National Strength and Conditioning Association has hit back against a suit by its insurer that seeks to dodge coverage for an underlying false advertising suit brought by CrossFit Inc., calling National Casualty Co.’s suit a “shocking breach of duty” and asking that it be tossed.

  • July 13, 2018

    Texas Justices Turn Away Firm's Bid To Nix Atty Bribery Claim

    The Texas Supreme Court on Friday denied a bid from a law firm to overturn a lower court's ruling allowing an attorney who alleged the firm had bribed witnesses to lie in a trial over $1.6 million in fees to try to reopen the dispute with the firm.

  • July 13, 2018

    Cops Sue Ford Over Carbon Monoxide Leaks In SUVs

    Two New York police officers accused Ford Motor Co. on Thursday of selling Explorer vehicles modified for law enforcement use that expose occupants to lethal levels of carbon monoxide, telling a New York federal judge the automotive giant hasn’t done enough to curb the defect.

  • July 13, 2018

    Failure-To-Warn Suit Against St. Jude Not Preempted

    A Pennsylvania federal judge on Thursday refused to toss a woman’s negligence suit against St. Jude Medical Inc. over the medical device company’s alleged failure to notify doctors about a faulty part used in her implantable defibrillator, ruling that her claims are not preempted.

  • July 13, 2018

    Firm Wants Mesh MDL Fee Committee To Explain Hour Cuts

    Personal injury firm Kline & Specter PC pressed Thursday for a West Virginia federal court overseeing sprawling pelvic mesh multidistrict litigation to force a plaintiffs’ fee committee to turn over documents showing why it slashed the firm’s claimed common benefit hours.

  • July 13, 2018

    NHL Players Denied Class Certification In Concussion MDL

    A Minnesota federal judge on Friday declined to certify a class of thousands of former and current NHL players who claim the league hid the harmful effects of head trauma, saying medical monitoring laws vary too widely by state and would be too hard to handle in one class.

  • July 13, 2018

    Ford Can’t Escape Bulk Of Revived Mustang Defect Suit

    A Florida federal judge dismissed seven of 59 claims brought by a proposed class of drivers accusing Ford Motor Co. of misrepresenting that a type of Mustang was suitable for the racetrack, largely because plaintiffs in certain states didn’t buy their vehicles from the automaker directly.

  • July 13, 2018

    Kellogg's Honey Smacks Recall Hasn't Stopped Sales: FDA

    Kellogg's Honey Smacks cereal is still being sold even though the product was voluntary recalled last month after it was tied to a multistate salmonella outbreak that has impacted 100 people, the U.S. Food and Drug Administration said Thursday.

  • July 13, 2018

    McDonald's Pulls Salads After Lettuce Linked To Illness

    McDonald’s announced Friday it will stop selling salads at thousands of its locations across the Midwest, after public health officials in Iowa and Illinois linked an outbreak of cyclospora infections to contaminated lettuce in the fast-food chain’s salads.

  • July 12, 2018

    Tobacco Cos. Aim To Duck Punitive Damages In Death Case

    R.J. Reynolds and Philip Morris asked a Florida jury on Thursday not to add punitive damages to the $2.1 million it awarded a fortnight ago over the death of a longtime smoker who worked at a Miami-area hospital in the early 1990s when smoking was still allowed inside.

  • July 12, 2018

    Monsanto's Roundup Tied To Cancer, Ex-NIH Official Testifies

    The former director of the National Institutes of Health's environmental wing explained to a California jury Thursday how he advised the World Health Organization when it decided the active ingredient in Monsanto's lead weed killer was "probably carcinogenic to humans," during a first-of-its kind trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 12, 2018

    The Biggest Pa. Appellate Rulings Of 2018: Midyear Report

    The Pennsylvania appellate courts have made their mark during the first half of the year with a number of major rulings ranging from the constitutionality of the state’s congressional districts to the ability of landowners to bring trespassing claims over hydraulic fracturing. Here, Law360 takes a look at some of the most significant rulings so far in 2018.

  • July 12, 2018

    1.6 Billion Opioid Doses Flooded Mo., McCaskill Says

    Sen. Claire McCaskill said Thursday pharmaceutical companies and drug distributors shipped enough opioids to the state of Missouri to give every resident more than 260 doses over six years, a total of about 1.6 billion.

  • July 12, 2018

    Lenovo Cuts $7.3M Deal To Settle Adware Class Action

    Lenovo Inc. has agreed to pay a certified class of nationwide consumers $7.3 million to resolve allegations it preinstalled software on laptops that caused performance, privacy and security issues, according to court documents filed in California federal court.

  • July 12, 2018

    Drug Wholesaler Not Covered For DEA Action Over Opioids

    An Ohio federal judge ruled Wednesday Navigators Insurance Co. doesn’t have to cover wholesaler Miami-Luken Inc.’s costs to defend against a Drug Enforcement Administration action alleging it oversupplied opioids to pharmacies, citing a policy provision barring coverage for claims arising from the same facts as a prior suit over Miami-Luken’s drug distribution.

  • July 12, 2018

    FDA Announces $32.5M In Funds For Produce Safety

    The U.S. Food and Drug Administration on Thursday announced $32.5 million in funding for 46 states as part of an effort to implement standards for the safe growing and harvesting of produce under the Food Safety Modernization Act.

  • July 12, 2018

    Insurers' New York Pfizer Coverage Suit Bites The Dust

    A New York federal judge on Wednesday declined to take jurisdiction over a massive insurance coverage fight in which Pfizer Inc. wants help with a $400 million settlement of shareholder claims over the withdrawn-from-the-market painkiller Bextra and other drugs, citing Pfizer's competing suit in Delaware filed just hours before this one.

  • July 12, 2018

    Scotts Must Face Widow's Lawn Fertilizer Asbestos Suit

    The Scotts Co. LLC lost its bid to escape a New Jersey lawsuit alleging a man contracted mesothelioma in part from his exposure to asbestos in a Scotts fertilizer product after the state Supreme Court refused to second-guess an appellate opinion restoring his widow’s lawsuit based on new evidence.

  • July 12, 2018

    J&J Hit With $4.69B Verdict In 22-Woman Talc Cancer Trial

    Johnson & Johnson’s talcum powder contained asbestos and gave cancer to 22 women, a St. Louis jury held Thursday, slamming the company with $550 million in compensatory damages plus $4.14 billion in punitive damages.

Expert Analysis

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • EPA Rule Changes Signal Divergence Of Federal, State Regs

    Benjamin Patton

    Last month, the U.S. Environmental Protection Agency published a proposed rule rolling back Obama-era requirements for facilities handling hazardous substances. Some western states, meanwhile, have strengthened their own regulations in this area. Companies now contend with accident prevention and process safety regulations that are inconsistent, say Benjamin Patton and Mary Balaster of Reed Smith LLP.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Merger Or Acquisition? Beware The Wrong Description

    Jillian Thornton Flax

    The acquisition of other companies with complementary manufacturing practices or products is commonplace today. But the Eighth Circuit's April ruling in Kirk v. Schaeffler Group USA highlights the fact that an acquiring company must ensure its deals are properly represented in any public matter, given the possible consequences for future product liability litigation, says Jillian Thornton Flax is a member of Cozen O'Connor.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.