Product Liability

  • July 19, 2017

    F-35 Oxygen Systems Get Upgrade After Hypoxia Scare

    The program office for the F-35 Lightning II joint strike fighter is planning changes to the jets’ onboard oxygen generation system, after reports of hypoxia-like symptoms from pilots of the aircraft at Luke Air Force Base, Arizona, according to media reports.

  • July 19, 2017

    GNC Can't Shake Consumer's Suit Over Glutamine Labels

    GNC lost its bid to nix a putative class action from consumers alleging misleading glutamine supplement labels after a Florida federal judge Wednesday said the lead plaintiff can rely on scientific studies to back his claims the products don’t work as promised.

  • July 19, 2017

    DEA Asks DC Circ. To Enact Ban On Opioid Supplier's Sales

    The Drug Enforcement Administration has urged the D.C. Circuit to put into effect an order blocking prescription medication supplier Masters Pharmaceutical Inc. from selling controlled substances, after the court rejected Masters’ request to review the sales ban.

  • July 19, 2017

    Pa. Court Orders New Damages Trial In Lost Fingers Suit

    A Pennsylvania appeals court on Tuesday tossed a $4.7 million verdict awarded to a man who received negligent medical treatment from a doctor and Temple University Hospital resulting in finger amputations, saying a new damages trial is necessary because the trial judge should’ve allowed evidence of a prior criminal conviction.

  • July 19, 2017

    Amphetamine-Laced Supplements Land Florida Exec In Jail

    The former president of a dietary supplement sales, marketing and distribution facility got slapped on Tuesday in Florida federal court with an 18-month prison sentence for introducing misbranded food containing amphetamines into interstate commerce, along with a $2.5 million money judgment reflecting the proceeds obtained due to the offense.

  • July 19, 2017

    Volvo Can't Dodge Class Action Over Rear Camera Glitch

    A New Jersey federal judge on Tuesday kept alive a proposed class action alleging Volvo Cars of North America LLC equipped certain vehicles with defective rear cameras, saying the court needs more information before making a ruling.

  • July 19, 2017

    10th Circ. Puts US Back On Hook For NM Mine Cleanup Costs

    The Tenth Circuit on Wednesday said the U.S. government is liable for cleanup costs at a New Mexico mine site on federal land operated by a Chevron Mining Inc. predecessor, reversing a lower court ruling that the government's ownership of the land was too tenuous to convey Superfund liability.

  • July 19, 2017

    Rising Star: Covington's Shankar Duraiswamy

    The role of Covington & Burling LLP's Shankar Duraiswamy in defending air bag maker Takata Corp. in high-profile litigation in the wake of the largest public safety recall in U.S. history and regulatory investigations landed him a place among the five product liability attorneys under 40 honored by Law360 as Rising Stars.

  • July 19, 2017

    Surgery Tool Maker Sued Over NJ Woman's Cancer Death

    The estate of a deceased cancer patient has filed a wrongful death suit in New Jersey court against the makers of a surgical tool and the hospital that used it to treat her uterine fibroids, saying that they both should have known the device could cause her to develop cancer.

  • July 19, 2017

    GM Ignition Switch Didn't Cause Driver's Crash, Jury Finds

    A New York federal jury found Wednesday that a General Motors ignition switch didn't cause an Arizona driver to rear-end another car in Tucson morning traffic, giving the automaker a win in the first of six planned bellwether trials.

  • July 19, 2017

    The 2017 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, Gibson Dunn & Crutcher LLP and Kirkland & Ellis LLP led the pack with eight Rising Stars each, followed by Latham & Watkins LLP, Mayer Brown LLP and Quinn Emanuel Urquhart & Sullivan LLP, which had six apiece. Weil Gotshal & Manges LLP rounded out the group with five Rising Stars.

  • July 18, 2017

    Ford's Air Bags Not At Fault In Fatal Crash, Jury Finds

    A Florida jury on Tuesday rejected allegations that a Ford Mustang’s air bags were to blame for a single car crash that killed two men, finding for Ford hours after the automaker argued the driver’s decision to drive drunk was to blame for the accident.

  • July 18, 2017

    GM 'Concealment' Still In Full Force, Jury Hears In Closings

    In closing arguments Tuesday in a federal bellwether trial against General Motors over allegedly defective ignition switches, an Arizona driver argued that the trial itself has been part and parcel of a cover-up and "concealment" strategy that GM faithfully follows to this day.

  • July 18, 2017

    RJ Reynolds Splits Blame In $1.6M Lung Cancer Verdict

    A Florida jury on Tuesday found that a longtime smoker and R.J. Reynolds Tobacco Co. were equally to blame for the lung cancer that ultimately caused her death, holding R.J. Reynolds is only partially responsible for a $1.65 million damages award.

  • July 18, 2017

    Ex-BP Exec Seeks Redo On Investor Claims In Oil Spill MDL

    A former BP executive on Monday asked a Texas federal judge presiding over multidistrict litigation related to the Deepwater Horizon oil spill to rethink his decision allowing investors to proceed with claims based on a 2007 statement the executive made about the status of a fiber-optic network project in the Gulf of Mexico.

  • July 18, 2017

    Investor Rips Atty Fee Requests In $100M Halliburton Deal

    An investor representing Halliburton Co. shareholders in a $100 million settlement with the company over its asbestos liability disclosures has slammed attorneys’ fees requests from two law firms previously involved in the case, telling a Texas federal court Monday that their work provided no meaningful benefit.

  • July 18, 2017

    FDA Warning Wire: Donor Screening Lapses At Fertility Clinic

    The U.S. Food and Drug Administration faulted a fertility clinic for its lax screening practices, found that a company was using the same vat to mix mouthwash and car polish, and scolded a light therapy company for not reporting a recall. Here's this week's roundup of the FDA's latest enforcement actions.

  • July 18, 2017

    Trump Announces Pick To Lead EPA Chemical Safety Office

    President Donald Trump said Monday he intends to nominate Michael Dourson, currently an environmental health professor at the University of Cincinnati, to lead the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention.

  • July 18, 2017

    Consumers Say Merck's Shingles Vaccine Poses Health Risks

    Eighteen consumers from nearly a dozen states have launched a product liability action against Merck & Co Inc. in New Jersey state court alleging they suffered medical problems after receiving the company's Zostavax shingles vaccine, saying the pharmaceutical giant failed to warn them about the risks associated with the medicine.

  • July 18, 2017

    Prior Policies In Play In Olin Cleanup Suit, 2nd Circ. Says

    The Second Circuit affirmed Tuesday that Olin Corp.'s excess policies with Lamorak Insurance Co. were triggered by the chemical producer's payments to clean up several contaminated sites, but found that the insurer may seek to reduce its liability by amounts paid under prior policies covering the same loss.

Expert Analysis

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Ex-NAD Director Looks Back On 20 Years And 2,600 Decisions

    Andrea Levine

    Reflecting on over two decades at the National Advertising Division, it's hard to discern any clear pattern regarding the type of products, legal issues or the sheer number of cases that came before us. Looking ahead, with advertising metamorphosing into so many different formats, I think identifying “what is advertising” is going to be the biggest challenge, says Andrea Levine, former director of the National Advertising Division.

  • Caveat Emptor In The Information Age

    We live in an age of unprecedented access to information, as well as unprecedented availability of product choices. At the same time, courts are choked with increasing case dockets — including consumer class actions — amid decreased funding. It may be time to reconsider the duty of the consumer to investigate the reasonably discoverable attributes of a product, says Brooks Gresham of McGuireWoods LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Why Posner Pounced On Eyedrop Class Certification

    Joan Dinsmore

    The Seventh Circuit recently let stand a ruling in which Judge Richard Posner decertified a class of glaucoma sufferers who claimed that eyedrop containers dispense drops that are too large, forcing them to purchase extra drops. The decision reflects Posner's view that the case amounted to sour grapes by the plaintiffs about sticker shock, says Joan Dinsmore of McGuireWoods LLP.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • The Government Contractor Defense In The 4th Circ.

    Nadolink.jpg

    With the recent Sawyer v. Foster Wheeler decision, the Fourth Circuit completed its journey toward recognizing the “government contractor defense” as an appropriate source of federal jurisdiction in products liability failure-to-warn cases, says Erik Nadolink of Wheeler Trigg O’Donnell LLP.

  • DC Circ. Adds Feather To DEA's Regulatory Authority Hat

    Mike Gill

    The D.C. Circuit's recent decision in Masters Pharmaceutical v. U.S. Drug Enforcement Administration is a significant benchmark for the DEA’s diversion control authority and falls in line with the agency’s continued push to require the registrant community to step up its efforts under existing regulations to protect against illegal drug diversion, say Mike Gill and Jerry Canaan of Hancock Daniel Johnson & Nagle PC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Spiral Dynamics And The Vanishing Jury Trial

    Jennifer Gibbs

    Over the past 20 years, the number of jury trials has been on a dramatic decline. What if the vanishing jury trial is evidence of an expected development of human consciousness — explained by a theory known as spiral dynamics? asks Jennifer Gibbs, a partner with Zelle LLP.