Product Liability

  • March 20, 2017

    GSK Can’t Nix Expert Testimony In Atty Suicide Trial

    An Illinois federal judge refused Monday to strike a U.K. professor's testimony about antidepressant Paxil's alleged link to adult suicide, saying GlaxoSmithKline PLC will get the chance to rebut the professor’s assertions during the trial over a Reed Smith LLP partner’s death.

  • March 20, 2017

    Pittsburgh Corning's Asbestos Trust Wants Ch. 11 Reopened

    The Pittsburgh Corning Corp.’s asbestos injury trust has asked a Pennsylvania federal court to reopen the company’s Chapter 11 case to deal with $9 billion in potential new asbestos injury claims.

  • March 20, 2017

    EPA Commits $100M For Flint Water Infrastructure Upgrades

    The U.S. Environmental Protection Agency on Friday awarded a $100 million grant to the Michigan Department of Environmental Quality, aimed at upgrading Flint’s drinking water infrastructure in the wake of its lead-tainted water crisis, which became a national scandal in 2015.

  • March 20, 2017

    Wine Co. Can't Trim ‘Redundant’ Claims In Worker Death Suit

    A California federal judge on Monday denied a winemaker's bid to strike “redundant” portions of the federal government’s environmental justice suit alleging Clean Air Act violations and other claims in connection with a worker’s 2012 death from anhydrous ammonia exposure, saying the laws and regulations complement each other.

  • March 20, 2017

    Citgo Tells 5th Circ. $81M Spill Fine Is Too Flawed To Stand

    Citgo continued Friday to urge the Fifth Circuit to undo an $81 million fine stemming from a 2006 oil spill, saying that the federal government cannot explain away a lower court's flaws in determining how much economic benefit the company received from its violation that led to the spill.

  • March 20, 2017

    Ex-NFL Stars Who Fought Concussion Deal Rejoin Class

    Former NFL stars Joe Horn and Chris McAlister, who had opted out of the NFL's uncapped concussion litigation settlement to continue to push their claims, have rejoined the sprawling class, according to a stipulation and order filed Monday.

  • March 20, 2017

    FDA Delays Rule On Regulating Tobacco Until 2018

    The U.S. Food and Drug Administration on Monday said it’s pushing back the implementation of a rule pertaining to the circumstances under which tobacco products can be regulated as medical products until March 2018, after receiving criticism from pharmaceutical organizations backed by Ropes & Gray LLP and Sidley Austin LLP.

  • March 20, 2017

    37 Tons Of Beef Recalled For Rare Type Of E. Coli

    The U.S. Department of Agriculture on Sunday announced a recall of nearly 37 tons of beef produced by a Texas-based company after state inspectors found that a sample tested positive for a rare strain of E. coli.

  • March 20, 2017

    Sport Supplement Co. Sued Over Doses, 'Unproven' Claims

    Dietary supplement manufacturer PhD Fitness LLC was slapped Friday with a putative class action in South Carolina federal court alleging it sold deceptively labeled sport supplements at Bodybuilding.com and vitamin chain GNC that didn’t mention the products’ use of sodium or accurately provide ingredient dosages.

  • March 20, 2017

    Judge Urged Not To Melt Margarine Suit After Cert. Denial

    A consumer has hit back at ConAgra Foods’ bid to dismiss the remains of a proposed class action over trans fats in Fleischmann's margarine, arguing that a federal judge has jurisdiction over the case even after class certification was denied.

  • March 20, 2017

    Insurer Needn't Cover Worker's Death, 2nd Circ. Told

    Harleysville Preferred Insurance Co. on Friday asked the Second Circuit to affirm a lower court's ruling that it doesn't have to defend an electrical contractor and two transportation authorities in litigation over the death of a worker crushed by a battery, contending that a policy exclusion for injuries tied to use of mechanical devices bars coverage.

  • March 20, 2017

    11th Circ. Affirms OSHA Fine Over Film Worker Killed On Set

    The Eleventh Circuit on Monday affirmed an Occupational Safety and Health Administration fine of $70,000 against a film production company for the death of a camera assistant hit by a train during shooting for an Allman Brothers Band biopic, saying the outfit knew it was putting employees in harm’s way.

  • March 20, 2017

    Meningitis Murder Trial Judge Hones In On Intent To Defraud

    A federal jury deliberating right now in the racketeering murder trial over a deadly 2012 meningitis outbreak linked to a Massachusetts drug compounder will have to decide whether its head pharmacist had the intent to defraud or mislead — or else must acquit the defendant on some counts.

  • March 20, 2017

    FDA Probing Abbott Device's Higher Rate Of Cardiac Events

    The U.S. Food and Drug Administration recently told health care providers that there’s an increased rate of major cardiac events seen in patients treated with an Abbott Inc. medical device implanted during heart surgery, telling providers to be sure to follow recommendations for its implantation.

  • March 20, 2017

    Deepwater Judge Allows Delayed Claims To Proceed To Court

    The judge overseeing the Deepwater Horizon multidistrict litigation ruled Friday that plaintiffs whose pursuit of economic damages from the oil spill and resulting federal moratorium on Gulf of Mexico drilling were put on hold could opt out of a global settlement and bring their claims in court.

  • March 20, 2017

    NASCAR Fan Settles Suit Over Daytona Crash Debris Injury

    A lawsuit by a NASCAR fan injured by flying debris from a 12-car crash at Daytona International Speedway came to an end Monday as a Florida federal judge issued a final dismissal of the case following a settlement reached last month.

  • March 20, 2017

    Fiat Investors Seek Class Cert. In Emissions Cheating Suit

    Investors claiming Fiat Chrysler inflated its stock price by using illegal software to cheat on emissions tests and otherwise dodging safety and emissions regulations asked a New York federal judge on Friday to certify a proposed class represented by Pomerantz LLP and The Rosen Law Firm PA.

  • March 20, 2017

    Tempur-Sealy Fights For Class Action Coverage At 9th Circ.

    Tempur-Sealy International Inc. on Monday urged the Ninth Circuit to affirm a lower court's ruling that a unit of The Hartford must cover its costs to defend against a proposed class action alleging that the mattress company lied in marketing materials, contending that the underlying complaint seeks potentially covered damages.

  • March 17, 2017

    Treadmill Users Get Partial Cert. In Heart Monitor Suit

    An Illinois federal judge on Thursday granted certification to a class of consumers alleging treadmill maker Precor Inc. sold them products with defective heart rate monitors on the issue of liability, but found that certification should be withheld on the issue of damages.

  • March 17, 2017

    High Court Urged To Pull Flint Water Row From State Court

    Two engineering firms have asked the Supreme Court to review a Sixth Circuit decision holding that lawsuits brought against them by Flint, Michigan, residents over the city’s water contamination crisis could go ahead in state court under the local controversy exception to the Class Action Fairness Act, saying it loosens class action pleading standards in direct conflict with six other circuit courts.

Expert Analysis

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • New Calif. Law Will Change Youth Sports Concussion Cases

    Anne Marie Ellis

    California's recently enacted youth sports concussion law significantly expands the scope of the pre-existing “return to play” law, which only applied in the scholastic setting — as is the case in most other jurisdictions throughout the country. Expect to see similar expansions in other states, say Anne Marie Ellis and Paul Alarcon of Buchalter.

  • Gorsuch's Views On 'Legal Tourism' Could Shift High Court

    Jan Dodd

    The confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch is scheduled for March 20. A month later, the high court will hear arguments in Bristol-Myers Squibb Company v. Superior Court of San Francisco County. Gorsuch’s Tenth Circuit record offers surprising insights into how he might rule on this and related matters, say Jan Dodd and Lesley Holmes of Norton Rose Fulbright US LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Circuit Splits: A Hidden Trap In 'Federal Question' MDLs

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    A recent ruling in the Camp Lejeune North Carolina Water Contamination Litigation shows how multidistrict litigation venue selection can have major consequences when jurisdiction is based on a federal question. Lawyers must note that a transferee court will apply its own circuit’s law, even in defiance of local interpretation of local law in a transferor venue, say Eric Klein and Graham Zorn of Beveridge & Diamond PC.

  • Beware Unintended Consequences Of Class Action Reform

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    The U.S. House of Representatives currently has before it a bill — H.R. 985 — intended to reduce abusive class action and mass tort practices that undermine the integrity of the legal system. Class action litigation does need reform, but some features of this legislation could perpetuate existing problems and create new ones, say Anthony Anscombe and Mary Beth Buckley of Sedgwick LLP.

  • Cannabis Industry Standards: ASTM May Fill The Vacuum

    James Ravitz

    There are no uniform standards to ensure cannabis is produced and processed in a way that protects consumer health and safety. State regulators in Colorado, California and elsewhere have tried to fill the gap, but this patchwork approach is far from perfect. ASTM International's newly announced plan for cannabis industry standards could be beneficial, say James Ravitz and Emily Leongini of Arent Fox LLP.

  • China's Food Safety System In The Year Of The Rooster

    David Ettinger

    2016 may have been the Year of the Monkey, but Chinese authorities were not monkeying around with the food industry, as they tightened the regulatory reins on China's food safety management system. As the Year of the Rooster begins, multinational firms doing business in China must understand the country's new and revised food laws and regulations, say attorneys and staff at Keller & Heckman LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.