Product Liability

  • September 20, 2017

    Pathogen-Killer Claims Unfair, Medical Co. CEO Testifies

    Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.

  • September 20, 2017

    New Trial Granted In DePuy Hip Replacement Litigation

    A woman who lost a hip replacement negligence case against DePuy Orthopaedics was granted a new trial Tuesday when an Illinois judge ruled the testimony of a joint replacement researcher had been unfairly barred from the original trial.

  • September 20, 2017

    Maron Marvel Extends Footprint To Chicago, St. Louis

    Delaware-based Maron Marvel Bradley Anderson & Tardy LLC has expanded to Illinois and Missouri, the firm announced this week, continuing its focus on litigation in the areas of mass toxic tort, products liability, personal injury and environmental regulation.

  • September 20, 2017

    Xarelto Bellwether Loser Says New Study Merits Retrial

    A woman who lost a federal bellwether trial on claims that Janssen Pharmaceuticals’ and Bayer’s blood thinner Xarelto caused her hospitalization for internal bleeding has moved for a new trial, arguing jurors should see a recent study by Bayer scientists that contradicts the companies’ trial testimony.

  • September 20, 2017

    Enviros Threaten Duke Energy With Coal Ash Pollution Suits

    Community groups in Indiana, Kentucky and North Carolina on Wednesday hit Duke Energy with notices that they intend to sue the company for allegedly withholding dam safety information related to potential coal ash spills.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    4th Bellwether Over J&J Metal Hip Implants Kicks Off

    Six plaintiffs on Wednesday told a Texas federal jury that a money-driven Johnson & Johnson pushed a dangerous metal-on-metal hip implant into the world that it knew wouldn’t work well and that was defectively manufactured, in the fourth bellwether trial in multidistrict litigation over the devices.

  • September 20, 2017

    Death Wish Coffee Co. Recalls Cold Brew For Botulism Risk

    A New York-based company called Death Wish Coffee Co. is voluntarily recalling its canned “Nitro Cold Brew” coffee out of a risk of botulism, a potentially deadly type of food poisoning, according to a notice posted Tuesday by the U.S. Food and Drug Administration.

  • September 20, 2017

    Starr Says Juice Maker Should Have Disclosed Presuit Notice

    Starr Indemnity & Liability Co. told a Washington federal judge Tuesday that a notice of a possible suit under California's Proposition 65 labeling law created a claim that a fruit juice maker should have told the insurer about when it applied for a policy, while the juice maker urged the court to find the claim didn't arise until the suit was filed.

  • September 20, 2017

    'Just For Men' Dye Maker Looks To Exit Health Risk Suit

    Combe Inc. asked an Illinois federal judge on Tuesday to toss a multi-plaintiff suit claiming the company didn’t do enough to alert customers to alleged health risks associated with "Just For Men" hair dye products, arguing there is no evidence the consumers checked the warnings already on the box.

  • September 20, 2017

    Mercedes-Benz Must Face Drivers’ Faulty Transmission Suit

    A California federal judge on Wednesday kept alive a proposed class action alleging Mercedes-Benz USA LLC made vehicles with faulty transmissions, saying the drivers have standing and sufficiently alleged facts that indicate a transmission defect.

  • September 20, 2017

    Insurer Can't Claim Policy Error To Deny Pollution Coverage

    A Georgia federal court Wednesday refused to find that Ace American Insurance Co. need not cover any of a $2.3 million judgment against Exide Technologies Inc. over acid damage at a former battery factory, rejecting the insurer's contention that a pollution exclusion was mistakenly left off Exide's policy.

  • September 20, 2017

    Man Mistaken For Garbage Can't Sue Train Co. Over Collision

    The Second Circuit on Wednesday affirmed a Syracuse, New York, federal judge's dismissal of a suit targeting Pan Am Railways Inc., which was filed by a Troy, New York, man who passed out drunk on tracks in Rensselaer County and was run over after being mistaken for a bag of trash.

  • September 20, 2017

    Meningitis Murder Trial Dogged By Accusations Jurors Misled

    Prosecutors and defense attorneys accused one another of misleading a jury in opening statements of the second meningitis murder trial Tuesday, with both sides asking the judge to tell jurors the other lawyers were wrong.

  • September 20, 2017

    Caution In Mixing Methadone, Benzos Can Reduce Risk: FDA

    The U.S. Food and Drug Administration on Wednesday said that doctors shouldn’t withhold opioid addiction medications from patients taking drugs that depress the central nervous system, such as sleep aids and muscle relaxers, saying that while the combined use of these drugs is risky, opioid addiction is even worse.

  • September 20, 2017

    GM Gas Tank Defect Suit Revived By Bankruptcy Judge

    A New York bankruptcy judge on Tuesday allowed a woman allegedly burned by a defectively designed gas tank to move forward with her second attempt to hold General Motors LLC liable.

  • September 19, 2017

    Caffeine Expert Details Coffee Craving In Prop 65 Trial

    A nonprofit suing Starbucks, Keurig and other big-name coffee retailers to force them to warn consumers about carcinogens in their products called an addiction expert to testify in California court on Tuesday about the negative withdrawal effects that keep hooked coffee drinkers coming back for more.

  • September 19, 2017

    Medical Scrubs Cos. Start Trial Trading False Ad, IP Claims

    Medical garment maker Strategic Partners Inc. opened a California federal jury trial Tuesday with accusations that rival Vestagen Protective Technologies Inc. made false claims about the pathogen-killing capabilities of its medical scrubs, while Vestagen fired back by saying the larger company stole its trade secrets.

  • September 19, 2017

    Fla. Building Code Improvements A Bright Spot During Irma

    With its impact felt from Key West to Jacksonville, Hurricane Irma delivered Florida a mighty blow, but building industry experts say the storm’s destruction would have been much worse if not for stronger building codes and regulations enacted after the devastation of Hurricane Andrew 25 years ago.

  • September 19, 2017

    Pharmacy Solely Liable For Meningitis Outbreak, Clinic Says

    A Maryland surgical center’s role in a deadly 2012 meningitis outbreak is superseded by that of the pharmacy that made the tainted products, Box Hill Surgery Center LLC told a Massachusetts federal judge overseeing multidistrict litigation Monday.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Never Give Up

    Alan Hoffman

    In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Cartel Case Against German Automakers Unlikely To Succeed

    David Balto

    At first the cartel allegations plaguing the German auto industry seemed like a slam-dunk, but now the case is not as clear. Any antitrust claim against the German auto industry has two major hurdles to overcome, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Punitive Damages In Mass Torts: Outrageous And Reckless

    Stephen McConnell

    There is no consistency to the punitive damages process: One case might be halted by a judge who applies Daubert to preclude junk science, while another judge waves virtually the same case by and a jury socks the defendant with a $110 million verdict. Our system of civil litigation looks like jackpot justice, says Stephen McConnell of Reed Smith LLP.

  • Unlisted Food Ingredients: A Recipe For Trouble

    Jack Nolan

    The Middle District of Tennessee recently denied Whole Foods’ motion to dismiss a complaint concerning a slice of pizza containing undisclosed pecans consumed by a child with a severe nut allergy. Warnings may be required when an ingredient is something to which a “substantial number of persons” are allergic, says Jack Nolan of Weil Gotshal & Manges LLP.