Product Liability

  • January 18, 2017

    NCR, Feds Strike $200M Deal To End Wis. Superfund Claims

    NCR Corp. has agreed to spend $200 million to finish the environmental remediation work at a Wisconsin Superfund site contaminated by paper industry activity, reaching a settlement with state and federal agencies that ties up major loose ends in the sprawling, multitrack litigation over the site.

  • January 18, 2017

    Product Liability Group Of The Year: Faegre

    Faegre Baker Daniels’ product liability team shut down more than 30 knee-implant suits against Zimmer Biomet in late 2015 and 2016, including winning a plaintiff-selected bellwether trial and securing a splashy Lone Pine order from a fed-up Chicago federal judge, earning the team a spot on Law360's 2016 Practice Groups of the Year.

  • January 18, 2017

    Olive Oil Buyers Take 50 Cents A Bottle To End False Ad Suit

    A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.

  • January 18, 2017

    Aussie Turf Co. Says Ex-NFLer Didn't Provide Proper Service

    An Australian sports surface company named in a lawsuit by a former NFL linebacker who suffered a career-ending Achilles tendon injury on a removable natural grass playing surface again urged a Texas federal court to dismiss claims against it Tuesday, arguing the player had not satisfied international service requirements.

  • January 18, 2017

    GM Pays $1M Fine Over Ignition Switch Accounting

    General Motors agreed to pay a $1 million fine to the U.S. Securities and Exchange Commission to settle charges its accountants weren’t promptly informed of the defective ignition switches and, therefore, failed to properly assess the defect would lead to a recall, the agency announced Wednesday.

  • January 18, 2017

    New Claim Of Death Emerges In Xarelto MDL

    The children of a Louisiana woman who died after experiencing unstoppable internal bleeding allegedly caused by Xarelto, a blood thinner developed by Johnson & Johnson unit Janssen Pharmaceuticals and Bayer, on Tuesday added their names to the list of people already suing the companies over the drug.

  • January 18, 2017

    Atty DQ Bid In Sunken Ship Case Is Bad-Faith Move: Widows

    Three widows litigating wrongful death claims on behalf of their husbands who died when the El Faro cargo ship sank off the Bahamas during Hurricane Joaquin in 2015 said Tuesday that the ship's owners made a bad-faith claim of conflict in a bid to disqualify their common counsel.

  • January 18, 2017

    Pentax Medical Devices Carry Infection Risk, FDA Says

    The U.S. Food and Drug Administration on Tuesday updated safety information for a video tube made by Pentax Medical, warning cracks and gaps in the device can lead to an increased risk of infection.

  • January 18, 2017

    Widow Gave Up Right To Challenge Fatal Crash Deal, GM Says

    General Motors Co. on Tuesday urged the Second Circuit to reject a widow’s bid to negate a 2010 settlement agreement stemming from a crash that killed her family, saying the woman can’t claim the automaker fraudulently hid relevant information because she assigned the rights to her claim to a third party.

  • January 17, 2017

    Costco Can't Escape Hepatitis Frozen Berry Suit

    A California federal judge on Tuesday refused to quickly end a class action over a frozen berry mix sold by Costco that was supposedly contaminated with hepatitis A, nixing claims alleging emotional distress caused by fear of contracting the disease but allowing the rest to proceed.

  • January 17, 2017

    Takata Charges Show Execs Not Safe Over Safety Lapses

    The U.S. Department of Justice’s decision to pursue criminal charges against Takata executives allegedly connected to a yearslong scheme to cover up the company’s potentially deadly air bag inflators shows an increased comfort in bringing criminal charges over safety violations, attorneys say.

  • January 17, 2017

    Apple Can Prevent Texting-And-Driving But Doesn't: Suit

    A law firm focused on the automotive industry brought a proposed class action against Apple Inc. in California state court Tuesday, accusing the company of putting profits before consumer safety by failing to install a "lock-out device" on iPhones to prevent California motorists from texting while driving.

  • January 17, 2017

    Fla. Salesman Pleads Guilty To Selling Expired Lap-Bands

    A Florida man pled guilty Friday to helping run a scheme to alter labels and sell expired gastric banding systems to doctors for profit.

  • January 17, 2017

    9th Circ. Urged To Ax Tempur-Sealy's Class Action Coverage

    Hartford Fire Insurance Co. asked the Ninth Circuit on Tuesday to reverse a California federal judge's ruling that it must defend Tempur-Sealy International Inc. in a proposed class action alleging that the mattress company lied in marketing materials, arguing that the underlying complaint doesn't seek any damages covered by Hartford's policy.

  • January 17, 2017

    Egg Contamination Shouldn't Lead To Jail, High Court Told

    Quality Egg LLC executives Austin “Jack” DeCoster and his son Peter DeCoster have asked the U.S. Supreme Court to review their jail sentences related to a national salmonella outbreak, saying individuals cannot get jail time for vicarious liability offenses.

  • January 17, 2017

    Fighting Irish Ask 1st Circ. To Uphold Arbitral Fault Finding

    The University of Notre Dame urged the First Circuit on Tuesday to uphold a Massachusetts federal judge's confirmation of an arbitral finding that a builder and developer were at fault for problems at a London dormitory, saying the judge rightly recognized the finding as final.

  • January 17, 2017

    FDA's Foreign Offices Are Short-Staffed, Report Says

    The U.S. Food and Drug Administration's foreign drug inspection program is persistently understaffed despite overall improvements to the program in recent years, the U.S. Government Accountability Office said in a report released Tuesday.

  • January 17, 2017

    Drivers Fight BMW Dismissal Bid In Leaky Engine Suit

    A proposed class of drivers accusing BMW of hiding an engine defect in its popular Mini Cooper cars asked a California federal judge Monday to keep the suit alive, saying the amended filing took the court’s advice “to heart” and presented a much tighter case.

  • January 17, 2017

    Jury Told Zimmer Skimped On Warnings For Obese Patients

    Medical device manufacturer Zimmer Inc. shirked its responsibility to warn doctors who use its knee replacement products about their potential to fail in obese patients, a jury in Illinois federal court was told Tuesday at the start of trial for a lawsuit over the claim.

  • January 17, 2017

    EPA Says It Can't Pay For Gold King Mine Spill Claims

    The U.S. Environmental Protection Agency on Friday said that it can't pay for any tort claims against it for its role in triggering the 2015 Gold King Mine disaster, despite the agency’s long-standing assertion that it would take full responsibility for handling the spill.

Expert Analysis

  • Why The Learned Intermediary Doctrine Should Survive

    Robert B. Friedman

    As the doctor-patient relationship has evolved over time, some courts have challenged the learned intermediary doctrine. Although patients now have greater access to information, the LID's core justifications have not changed, so the doctrine should continue to exist, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • 2 States, 2 Visions For Driverless Vehicle Regulation

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    When it comes to automated vehicles on public roads, a new Michigan law and draft regulations in California present competing approaches to balancing innovation with safety. Michigan takes a permissive approach, allowing automakers to experiment with technologies and business models, while California proposes extensive vetting of automated vehicles before they hit the road, say Michael Reynolds and Jason Orr of O'Melveny & Myers LLP.

  • Top 5 Drug And Device Developments Of 2016

    Christine Kain

    This is a moment to reflect on some of the past year’s biggest developments in drug and device litigation. From video streaming of witness testimony to exclusion of plaintiff experts on scientific grounds, 2016 saw many significant decisions that may impact future cases, say Christine Kain, Patrick Reilly and Joseph Price of Faegre Baker Daniels LLP.

  • Opposing Class Cert. At 9th Circ. Just Got Tougher

    Michelle Gillette

    By eliminating the ascertainability requirement to certify a class, the Ninth Circuit’s recent decision in Briseno v. ConAgra Foods followed in the footsteps of the Sixth, Seventh and Eighth Circuits, while disagreeing with the Third Circuit. However, it left the door open for opposition to certification in cases that pose more serious obstacles to reliably “ascertaining” class members, say attorneys at Crowell & Moring LLP.

  • Course Corrections For Oil Spill Cleanup Reimbursements

    Lawrence I. Kiern

    A D.C. federal court’s recent decision in Water Quality Insurance Syndicate v. U.S. overturned the U.S. Coast Guard National Pollution Funds Center’s action in the matter of an oil spill from an offshore supply vessel. The ruling promises new hope for responsible parties that their statutory right to limitation of liability will actually be honored in practice, says Lawrence Kiern of Winston & Strawn LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Potential SAFETY Act Issues For Insurers To Consider

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    Although the Support Antiterrorism by Fostering Effective Technologies Act provides numerous protections for sellers of qualified antiterrorism technology, several uncertainties surround the questions of if and how the act would apply to a mass-loss event. Insurance carriers should enact their own safeguards against the act's uncertain application, says Brandon Almond of Troutman Sanders LLP.

  • Punitive Damages: Post-Campbell, Questions Remain

    Allison Ebeck

    The U.S. Supreme Court has established a framework that requires a case-by-case, fact-based inquiry to gauge punitive damages. Procedural safeguards and substantive due process restrictions have been gradually imposed on punitive damage awards since such limitations were first considered in 1988. But approaches and results have been and remain inconsistent, says Allison Ebeck of Eckert Seamans Cherin & Mellott LLC.