Product Liability

  • May 24, 2017

    Depakote Ingredient Causes Spina Bifida, Expert Tells Jury

    The former head of the Centers for Disease Control and Prevention’s birth defect division told an Illinois federal jury Wednesday that the active ingredient in Abbott Laboratories’ anti-epilepsy drug Depakote dramatically increases the risk of spina bifida in fetuses.

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Zillow Uses Phony Appraisals As Strong-Arm Tactic, Suit Says

    An Illinois family that owns a construction business has hit Zillow Inc. with class allegations that the real estate website’s Zestimate feature gives inaccurate appraisals of homes in an effort to strong-arm homeowners into retaining Zillow-associated brokers.

  • May 23, 2017

    Patients Slam Bayer, Janssen's Bid To Cut Xarelto Claims

    Patients in multidistrict litigation claiming Janssen and Bayer’s blood thinner Xarelto caused irreversible bleeding told a Louisiana federal court Tuesday the companies should not be able to escape any claims that rely on allegations the patients previously dropped.

  • May 23, 2017

    Researchers Find Complex Defeat Device Code

    An international computer science research team has discovered the software code behind the defeat devices used in Volkswagen AG and Fiat Chrysler diesel cars to evade emissions standards, according to a study released Monday.

  • May 23, 2017

    Abbott's Depakote 'Most Toxic' Drug For Fetuses, Jury Told

    A boy born with severe health problems after his mother took a medication made by Abbott Laboratories was exposed to “one of the most toxic drugs to a human baby” sold on the U.S. pharmaceutical market, attorneys for the family told an Illinois federal jury Tuesday.

  • May 23, 2017

    Philly-Area Residents Defend Contamination Suit Against 3M

    Philadelphia-area residents who allege their water supplies were contaminated by cancer-causing chemicals used in firefighting foam sold to the U.S. Navy defended their class action suit from 3M and Tyco dismissal bids in a motion filed Monday in Pennsylvania federal court.

  • May 23, 2017

    Judge Scraps Insurers' Ideas To Divvy Wildfire Defense Cost

    American States Insurance Co. and the Insurance Co. of the State of Pennsylvania need to come up with better ideas for how to split the costs of defending two lumber companies that allegedly caused a forest fire, or get ready for trial, a California federal court ruled Monday.

  • May 23, 2017

    FDA Warning Wire: Pharma Staff Kept Info 'In Their Heads'

    A Chinese drugmaker improperly relied on unwritten procedures that employees kept “in their heads,” a New York medical device maker didn’t disclose a recall involving infection concerns, and a Texas supplement maker failed to confirm that its ingredients were legitimate, according to newly released U.S. Food and Drug Administration documents.

  • May 23, 2017

    11th Circ. Buttresses Smokers' Claims Against Tobacco Cos.

    With the Eleventh Circuit's en banc ruling Thursday in a smoker's suit against R.J. Reynolds and Philip Morris, Engle progeny plaintiffs dodged a federal-state court split that might have given the U.S. Supreme Court incentive to weigh in on whether plaintiffs could use the landmark tobacco class action's jury findings to buttress their strict liability and negligence claims.

  • May 23, 2017

    Insurer Says College Football Concussion MDL Not Covered

    Great American Assurance Co. asked a Texas court Monday to rule that the company doesn’t have to defend a National Collegiate Athletic Association conference against football concussion multidistrict litigation, saying the policy doesn’t cover football and that concussions are an “expected” injury on the gridiron.

  • May 23, 2017

    EPA Sues Fiat Over Emissions Testing 'Defeat Devices'

    Following months of investigation, the U.S. Environmental Protection Agency on Tuesday formally accused Fiat Chrysler of installing “defeat devices” in about 104,000 diesel vehicles that produced lower emissions levels during testing than while on the road, according to a lawsuit filed in Michigan federal court.

  • May 23, 2017

    Michael Best Adds Product Liability Partner In Chicago

    Michael Best & Friedrich LLP announced Monday that it has expanded its litigation practice group with the addition of a product liability partner from Reed Smith LLP, who will join the firm in its Chicago office. 

  • May 23, 2017

    Harry & David ‘Slack-Fill’ Consumer Suit Comes To A Close

    A “slack fill” consumer protection lawsuit accusing gourmet food gift maker Harry & David LLC of underfilling its Moose Munch popcorn tins was dismissed on Monday in New York federal court when the parties voluntarily brought the suit to an end.

  • May 23, 2017

    GM Slams Corvette Owners' Bid To Make Due Process Claims

    Forty Corvette owners can’t claim that their right to due process was violated when General Motors didn’t specifically inform them of bankruptcy proceedings, the automaker told a New York federal judge Monday, arguing that parties are bound by a court order even if they aren’t formally notified of it.

  • May 23, 2017

    Latest J&J Pelvic Mesh Injury Case Kicks Off In Philly

    The latest in a string of cases over a Johnson & Johnson unit’s allegedly defective pelvic mesh kicked off in Pennsylvania state court on Tuesday, as a jury heard arguments a woman had been left facing chronic pain after being implanted with one of the products nearly seven years ago.

  • May 23, 2017

    German Prosecutors Search Daimler Offices

    Daimler AG on Tuesday said that German prosecutors searched its offices in connection with a recently launched investigation into whether the German automaker's employees committed fraud connected to sales of its diesel cars by falsifying emissions documents.

  • May 23, 2017

    Benicar MDL Judge Dismisses Doc Accused Of Malpractice

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has dismissed a doctor accused of medical malpractice from the suit, on the grounds that there’s no evidence for the allegations.

  • May 23, 2017

    Feds Want 3 Years For Fla. Man Who Sold Expired Lap-Bands

    A Florida man should spend three years in prison after pleading guilty to selling expired gastric banding systems to doctors, federal prosecutors said Monday, calling for six months less than the sentencing guidelines given his help with their investigation into the fraud.

  • May 22, 2017

    Class Calls AutoZone Parts Case 'Simple' Enough For Cert.

    A putative class of AutoZone consumers suing over the sale of 40,000 allegedly defective and dangerous timing-chain tensioners for Chrysler V-6 engines hit back at the retailer and its supplier on Friday, accusing AutoZone and parts manufacturer S.A. Gear Co. Inc. of falsely representing facts in response to a motion for class certification.

Expert Analysis

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • Why Plaintiffs Bar Should Worry About Asbestos Suits

    Gregory Cade

    Asbestos-related cases have come to be known as the longest-running mass tort litigation ever, and they have collected a number of potential problems over time. Diminishment of trust funds for victims, loss of insurance coverage for asbestos defendants and long court backlogs are all potential issues attorneys must confront and discuss with their asbestos plaintiffs, says Gregory Cade of Environmental Litigation Group PC.

  • Rare Grable Removal Sighted In Missouri

    Julie Park

    A Missouri federal court recently found that, under the Grable doctrine, federal jurisdiction existed in a case brought under state law, because the plaintiffs’ claims dealt with the practices and regulations of a federal agency. Companies subject to federal regulation may find this case useful when seeking to invoke removal jurisdiction, say attorneys from Morrison & Foerster LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • Arizona's Off-Label Promotion Law May Hinge On Gottlieb

    Alexis Kellert

    As the U.S. Food and Drug Administration considers allowing drug and device makers to promote products for off-label uses, Arizona has legalized truthful off-label promotion. But the law's impact may depend on Scott Gottlieb's approach at the FDA, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In Tronox, 2nd Circ. Sends Clear Message About Injunctions

    Jack Haake

    There is value in the protections afforded by an injunction, be it through a settlement or a bankruptcy discharge. The Second Circuit’s recent decision in Tronox preserves an injunction’s value in two ways, says Jack Haake of Foley & Lardner LLP.