Product Liability

  • 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.

  • November 16, 2017

    J&J, Talc Supplier Not Liable For Woman's Asbestos Illness

    A California jury on Thursday cleared Johnson & Johnson and its talc supplier of any liability for a woman’s terminal mesothelioma, an asbestos-related cancer, holding that there was no evidence that the companies’ talcum powder was unsafe.

  • November 16, 2017

    NFL Wants Hernandez CTE Suit Paused For MDL Ruling

    The National Football League urged a Massachusetts federal court Wednesday to pause a lawsuit filed by Aaron Hernandez’s daughter over his late-stage chronic traumatic encephalopathy pending a panel decision about whether to transfer the case to multidistrict litigation.

  • November 16, 2017

    J&J Slammed With $247M Verdict In Texas Hip Bellwether

    A Texas federal jury on Thursday hit Johnson & Johnson and its DePuy Orthopaedics Inc. unit with a combined $247 million verdict in a bellwether trial over DePuy’s Pinnacle line of metal-on-metal hip implants, delivering the third consecutive nine-figure verdict in the multidistrict litigation.

  • November 15, 2017

    Monsanto, Ag Groups Sue Calif. Over Glyphosate Listing

    Monsanto Co. and several agricultural industry groups on Wednesday sued California’s chemical watchdog over its decision this year to list the herbicide glyphosate — a key ingredient in Monsanto's Roundup weed killer — as a substance that is known to cause cancer.

  • November 15, 2017

    Auxilium's First Testosterone Bellwether Heads To Jury

    Auxilium knew that its testosterone replacement therapy drug Testim was not approved for men whose low testosterone was caused by their age but it promoted the drug for them anyway, turning their lives into “a vast experiment,” attorneys for a Testim user told an Illinois federal jury Wednesday.

  • November 15, 2017

    AIG Unit Must Face Construction-Defect Coverage Suit

    A California appellate court on Tuesday revived general contractor McMillin Management Services LP's bid for coverage of construction defect claims under its subcontractors' policies with an AIG unit, while affirming a lower court's decision that a second insurer has no duty to defend McMillin.

  • November 15, 2017

    Zen Magnets Can Resume Sales, For Now

    A Colorado federal judge on Tuesday granted the Consumer Product Safety Commission’s request to cancel a hearing scheduled in Zen Magnet LLC’s suit against the agency over an ordered recall of its magnet sets, allowing the company to temporarily resume sales.

  • November 15, 2017

    Abbott Won't Face Autism Claim In Depakote Birth Defect Trial

    An Illinois federal judge blocked autism-related claims Wednesday from an upcoming trial over whether Abbott Laboratories' epilepsy drug Depakote caused birth defects, saying such claims weren't supported in expert testimony.

  • November 15, 2017

    J&J, Bayer Fight Ex-FDA Head's Xarelto Warning Testimony

    A pair of Johnson & Johnson and Bayer AG units pushed back Wednesday against a onetime U.S. Food and Drug Administration chief's trial testimony that they provided inadequate warnings about the risks of bleeding associated with the blood thinner Xarelto, which allegedly caused a patient to bleed internally.

  • November 15, 2017

    Toyota Has Reached Deals In 496 Cases In Acceleration MDL

    Toyota has struck deals in 496 lawsuits over deaths and injuries stemming from an alleged unintended-acceleration defect in some of its vehicles, lawyers on both sides of multidistrict litigation told a California federal court Wednesday.

  • November 15, 2017

    Fla. Judge's Error Gets Tobacco Cos. New Lung Cancer Trial

    Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. will have a second shot at defending themselves against a suit brought by the estate of a smoker who died from lung cancer, with a Florida appeals court saying Wednesday that the trial court was wrong to block the jury from being able to review testimony from the man's brother.

  • November 15, 2017

    Dubai Bank Fights 9/11 Victims' Bid For Account Records

    Dubai Islamic Bank has urged a New York federal judge not to make it hand over information from certain accounts with alleged connections to terrorism to victims of the 9/11 terrorist attacks, saying that the requests are either irrelevant to claims against it or had already been waived.

  • November 15, 2017

    CPSC Issues Warning, 7 Recalls After Latest Hoverboard Fire

    The U.S. Consumer Product Safety Commission issued another warning Tuesday on the fire hazards of the LayZ Board handleless motorized scooter or “hoverboard” after one home was destroyed and four more were damaged, and it also issued seven recalls over the same concerns, traced to the devices’ lithium-ion batteries.

  • November 15, 2017

    NCAA, ACC Sued Over Ex-UNC Lineman's Brain Injuries​

    The estate of a former University of North Carolina football player launched a proposed class action lawsuit Wednesday against the National Collegiate Athletic Association and the Atlantic Coast Conference, alleging that the organizations failed to protect the athlete from brain trauma that contributed to his homelessness and eventual death.

  • November 15, 2017

    Frito-Lay To Pay $2M In Fees In 'All Natural' Suit Deal

    A New York federal judge on Tuesday approved the settlement of a class suit accusing Frito-Lay of deceptively labeling food products as being “made with all natural ingredients” when they are actually made with ingredients containing genetically modified organisms, awarding about $2 million in attorneys’ fees and expenses to class counsel.

  • November 14, 2017

    Paint Cos. Win Bid To Trim $1B Lead Cleanup Judgment

    Sherwin-Williams Co. and two other paint makers on Tuesday won a ruling from a California appeals court that a $1.15 billion judgment against them must be reduced because the municipalities suing them over lead paint contamination never showed that the companies promoted the paint after 1951.

  • November 14, 2017

    Depakote Judge Denies Abbott Bid To Restrict Exec Subpoena

    The Illinois federal judge overseeing the Depakote mass litigation has denied Abbott's request to severely restrict two subpoenas against a former Abbott executive, paving the way for in-person, multiple-day testimony in upcoming trials over allegedly Depakote-caused birth defects.

Expert Analysis

  • 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.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.