Product Liability

  • November 17, 2017

    Disney Can Arbitrate 'Pink Slime' Coverage Row

    A California federal judge on Friday granted The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed the company's beef byproduct "pink slime," one day after hearing arguments on the motion.

  • November 17, 2017

    NHTSA Follows Up On VW Recall For Alleged Air Bag Defect

    The National Highway Traffic Safety Administration has opened an investigation into a recall involving an alleged defect affecting eight Volkswagen vehicle models that could cause the front driver air bag to fail to deploy during a crash, the agency said in a letter.

  • November 17, 2017

    Simply Potatoes Have Unexpected Margarine, Consumers Say

    Post Holdings Inc. has misrepresented that its Simply Potatoes Mashed Potatoes are “made with real butter” when the products unexpectedly contain less-healthy margarine as well, according to a proposed class action filed Friday in New York federal court.

  • November 17, 2017

    Mondelez Faces Labeling Suit Over Sugary Breakfast Items

    Mondelez International Inc. was hit with a proposed class action Thursday in California federal court alleging the snack food giant duped consumers into thinking its belVita breakfast biscuits are a healthy way to start the day when they are actually full of sugar.

  • November 17, 2017

    Claims Servicer Fights To Manage NFL Concussion Awards

    A claims management service assisting former NFL players with a settlement in multidistrict litigation over brain injuries urged a Pennsylvania federal court Thursday to allow the ex-players to pay a portion of their awards to third-party lenders and claims services providers, saying the court lacks jurisdiction over the nonparties.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 16, 2017

    Tech Co. Must Face Suit Over Patient Monitoring System

    Hospital technology company Draeger Inc. can't escape a suit brought by Chicago’s Rush University Medical Center that claims Draeger's patient monitoring system Rush purchased for $18 million in 2011 was ineffective and put patients at risk, an Illinois federal judge ruled Thursday.

  • November 16, 2017

    Insys Founder Denies Plot To Bribe Doctors Over Opioid Spray

    Insys Therapeutics Inc. founder John N. Kapoor pled not guilty on Thursday to orchestrating a national scheme to bribe doctors to needlessly prescribe his company’s unique and powerful opioid painkiller that is sprayed under the tongue.

  • November 16, 2017

    Fla. Firm Contests Method For $9M Sanctions In Engle Suits

    A Florida law firm asked a federal court Wednesday to alter a $9.1 million sanctions order for filing and maintaining baseless Engle progeny tobacco lawsuits, arguing that the court issued the sanctions without giving it a chance to fight them.

  • November 16, 2017

    Famed Houston Trial Lawyer Steve Mostyn Dies At 46

    Prominent Houston trial lawyer and Democratic donor Steve Mostyn, who made his mark battling insurance companies in storm damage lawsuits brought by homeowners, committed suicide Wednesday, according to an announcement posted on his law firm's website Thursday. He was 46.

  • November 16, 2017

    Xarelto Witness-Tampering Testimony Barred, For Now

    A Pennsylvania state judge said Wednesday that, for now, he would not allow jurors in an ongoing trial over injuries allegedly caused by the blood thinner Xarelto to hear from a Janssen Pharmaceuticals Inc. sales representative suspected of trying to influence a doctor’s testimony in the case.

  • November 16, 2017

    Armstrong Teasdale Sanctions Lifted In Fiat Hack Case

    Armstrong Teasdale attorneys for a proposed class of Jeep owners suing Fiat Chrysler over hacking concerns on Wednesday escaped sanctions that had been imposed on them for revealing confidential information, when the Illinois federal judge overseeing the suit found a magistrate judge lacked authority to level the penalties.

  • November 16, 2017

    Chicago's Suit Over Opioids Paused Ahead Of MDL Ruling

    An Illinois federal judge on Thursday put a hold on the city of Chicago’s lawsuit against a group of pharmaceutical companies over their alleged misrepresentation of opioid painkillers' addictiveness, saying it should wait until a decision is made on whether to consolidate similar claims in multidistrict litigation.

  • November 16, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG on Thursday urged a California federal judge to deny The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed its beef byproduct “pink slime,” saying Disney’s petition fails to include the news outlet and the reporter.

  • November 16, 2017

    Consumers Get State Classes Certified In Bayer Vitamin Row

    A California federal judge on Wednesday certified several state classes of consumers in litigation challenging the labeling of Bayer AG’s One A Day vitamins, but found that the shoppers leading the suit didn’t meet the burden for a nationwide class in an order that also rejected the company’s quick win bid.

  • November 16, 2017

    Greek-Style Foods Top Recall List Over Listeria Risk

    Yorgo’s Foods Inc., which specializes in Mediterranean-style food, is recalling more than 40 types of Greek-style products sold under its name and the Trader Joe’s brand because they may be contaminated with listeria, the company said Wednesday, a day when multiple listeria-related recall notices were posted to the FDA's website.

  • November 16, 2017

    Fed. Circ. Nixes Vets' Challenge To VA Agent Orange Policy

    A divided Federal Circuit panel on Thursday tossed a petition from Vietnam War Navy veterans challenging a U.S. Department of Veterans Affairs manual tweak instructing adjudicators to deny medical benefits to sailors serving in deep-water harbors who were allegedly exposed to Agent Orange, concluding the change isn’t a regulation over which it has jurisdiction.

  • November 16, 2017

    Tempur-Sealy, Insurer Settle Class Action Coverage Dispute

    Tempur-Sealy International Inc. reached an agreement with its liability insurer Wednesday to resolve a dispute before the Ninth Circuit over the costs of defending against a proposed class of consumers accusing the mattress company of lying in marketing materials.

  • November 16, 2017

    Tobacco Groups Blast FDA For ‘Massive’ Speech Restriction

    Advocacy groups representing smokers and the cigar and pipe industries blasted the U.S. Food and Drug Administration in D.C. federal court Tuesday, saying the agency's rule increasing the size of warning labels on tobacco products is a "massive" free speech restriction imposed without adequate scientific analysis.

  • November 16, 2017

    Auxilium Not Liable For Man's Heart Attack, Ill. Jury Finds

    An Illinois federal jury said Thursday that Auxilium's Testim did not cause a man's heart attack, handing the drugmaker a victory in its first trial in the multidistrict litigation over testosterone replacement therapy drugs.

Expert Analysis

  • Connected Products For Kids: Compliance Beyond COPPA

    J. Nicci Warr

    Manufacturers of "smart" products that collect, transmit or store data related to a child should be aware that, while compliance with the Children's Online Privacy Protection Act is crucial, other federal and state laws may also apply — and are likely to be strictly enforced when children’s personal information is at issue, says J. Nicci Warr of Stinson Leonard Street LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Countering Statutes Of Limitations With Equitable Estoppel

    David Newman

    There are only a few situations in which a New York plaintiff can avail itself of the discovery rule to delay the accrual of a cause of action. However, New York does offer parties a way to avail themselves of discovery-rule-like protections — the doctrine of equitable estoppel, say David Newman and Matthew Lippert of Sills Cummis & Gross PC.

  • The Mayhem Of Vehicular Autonomy In Accident Litigation

    Ulyana Bekker

    The process of litigating motor vehicle accidents has become fairly streamlined, but the advent of self-driving vehicles is about to change all of that. Lawsuits that traditionally rarely involve more than three parties may be transformed into considerably more complex product liability claims, says Ulyana Bekker of Brown & James PC.

  • Litigators, Wrangle That Data With Content Analysis

    Lisa Tichy.jpg

    Content analysis offers scientific methods for making sense of large volumes of data generated by the internet. While content analysis is a nascent tool in litigation, its use by expert witnesses may transform the kinds of evidence considered by courts, say Lisa Tichy and Anna Shakotko of Cornerstone Research.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Illinois Case Holds A Warning For Animal Food Cos.

    Carolyn Davis

    The Southern District of Illinois recently greenlighted claims against the manufacturer and distributor of fish feed that allegedly caused the death of a largemouth bass population. Producers and sellers of animal foods should note that their products might be subject to similar legal scrutiny to food intended for human consumption, says Carolyn Davis of Weil Gotshal & Manges LLP.