Product Liability

  • September 14, 2017

    Trump Picks Ex-Jones Day Atty For USDA General Counsel

    President Trump has picked a former Jones Day government regulation associate who helped his administration’s transition at the U.S. Department of Agriculture to head that agency’s legal team.

  • September 14, 2017

    Firm Tells 5th Circ. Coverage Is Owed For Malpractice Suits

    Law firm Shelton & Associates on Wednesday asked the Fifth Circuit to reverse a pair of lower court decisions denying insurance coverage for two different legal malpractice suits, saying the district court misinterpreted the policy’s prior knowledge exclusion.

  • September 14, 2017

    FDA Backs 1st Mobile App For Substance Use Disorders

    The U.S. Food and Drug Administration on Thursday backed the first mobile medical application designed to help patients manage alcohol, cocaine, marijuana and stimulant substance use disorders.

  • September 14, 2017

    Ford Truck Owner Drops Suit Over Incompatible Car Jacks

    About two months after filing a proposed class action against Ford over car jacks that are allegedly too small to fit the trucks they’re sold with, an F-250 Super Duty owner voluntarily dropped his suit on Wednesday, but kept open the possibility that it could be refiled.

  • September 13, 2017

    Abbott Must Pay $38M Depakote Verdict, Mo. High Court Says

    The Supreme Court of Missouri on Tuesday upheld a jury’s award of $38 million to a girl born with spina bifida after her mom took Abbott’s epilepsy drug Depakote, ruling there was evidence Abbott knew the birth defect risk surpassed what it listed on the drug’s warning label.

  • September 13, 2017

    New DOT Self-Driving Car Policy: Flexibility With No Teeth

    The Trump administration's federal policy aiming to accelerate the development of self-driving or autonomous cars establishes a safety-driven yet flexible protocol for carmakers and technology companies, but leaves it up to Congress and federal agencies to come up with rules for enforcement and punts on privacy and data-sharing concerns, experts say.

  • September 13, 2017

    Judge OKs $1.3M Deal Ending 4-Year Rice GMO Fee Spat

    A lengthy dispute between plaintiffs' lawyers who led a $750 million deal ending a multidistrict litigation over rice contamination by Bayer AG and other lawyers who benefited from that work ended Tuesday in a $1.325 million settlement with the last defendants.

  • September 13, 2017

    NFL Players Counsel Seek Answers From Atty In Trauma Suit

    Class counsel for former NFL players in the concussion settlement in Pennsylvania federal court said on Tuesday that an attorney has made communications about the untapped settlement program to class members that may have resulted in them taking actions against their self-interest.

  • September 13, 2017

    GM Trust Says Ditching $15M Defect Settlement Was Best Path

    A General Motors bankruptcy trust handling creditor claims on Tuesday defended its last-minute decision to back out of a $15 million settlement with car purchasers and accident victims over alleged vehicle defects, saying it made more sense to accept GM’s offer to pay defense litigation costs.

  • September 13, 2017

    L'Oréal Asks Rakoff To Lower Refund For Relaxer Burn Class

    An attorney for L'Oréal argued Wednesday against the certification of a proposed class of women who allege the beauty products maker did not disclose its hair relaxer product may be dangerous, saying the proposed full refund damages model does not apply because some customers weren’t harmed by the product.

  • September 13, 2017

    High Court Asked To Review Mass Action Challenge

    Medical device maker Cordis Corp. has asked the U.S. Supreme Court to review a decision by the Ninth Circuit to send back to California state court eight consolidated suits involving more than 100 consumers allegedly harmed by the company’s vascular filters.

  • September 13, 2017

    CORRECTION: FDA Proposes New Deadlines For Farm Water Safety

    The U.S. Food and Drug Administration on Tuesday announced a proposed rule that would extend the compliance dates for agricultural water requirements under the produce safety rule, giving most farms two to four more years to come into compliance.

  • September 13, 2017

    12,500 Ford Owners Opt Out Of Settlement, Plan To Sue

    Nearly 12,500 Ford Fiesta and Focus owners with allegedly defective transmissions have opted out of a proposed settlement and plan to sue the automaker within the next month, Stern Law PLLC said Wednesday.

  • September 13, 2017

    Painter Who Violated RCRA Loses Appeal At 9th Circ.

    An Idaho man convicted of storing hazardous waste on his property that cost the government almost $500,000 to clean up was unable to convince the Ninth Circuit on Wednesday to overturn his conviction on grounds of diminished mental capacity.

  • September 13, 2017

    Buchanan Ingersoll Snags Ex-Norton Rose Toxic Tort Pro

    Buchanan Ingersoll & Rooney PC has added an environmental and product liability attorney in New York from Norton Rose Fulbright, whose experience includes defending Exxon for nearly 15 years in multidistrict litigation with cities, states and Puerto Rico over groundwater allegedly contaminated by a gasoline additive.

  • September 13, 2017

    5th Circ. Affirms Toss Of FCA Suit Against AndroGel Maker

    The Fifth Circuit on Tuesday affirmed a lower court’s decision to toss allegations that Solvay Pharmaceuticals Inc. caused health care providers to wrongfully bill the government for three of its drugs in violation of the False Claims Act, saying the relators didn’t offer sufficient evidence to back their claims.

  • September 12, 2017

    Coffee Cancer Trial Witness Sends Judge Mystery Letter

    A California judge hearing a bench trial over whether Starbucks and other coffee retailers should post cancer warning signs on their products said Tuesday that to avoid tainting his eventual decision, he’d ask a fellow judge to review a mysterious letter recently sent to him by an expert witness the plaintiff had planned to call.

  • September 12, 2017

    Kimberly-Clark Indemnity Suit Halted As Halyard's Proceeds

    Health and hygiene products company Kimberly-Clark Corp. saw its indemnification suit against Halyard Health Inc. paused Tuesday in Delaware Chancery Court, which decided that a similar case Halyard brought in California should be resolved first.

  • September 12, 2017

    FDA Warning Wire: Strychnine In Homeopathic Drugs

    The U.S. Food and Drug Administration took to task a homeopathic company whose products contained strychnine and an animal food manufacturer that made a feed that killed 23 cattle, and said one company’s medical foods didn’t qualify as such.

  • September 12, 2017

    Automation Over-Reliance A Factor In Tesla Crash, NTSB Says

    Companies developing semi-autonomous vehicles should find better ways to identify when a driver isn’t actively paying attention to the car’s surroundings, the National Transportation Safety Board said Tuesday, finding that a Tesla driver’s over-reliance on his car’s automation contributed to a fatal Florida crash.

Expert Analysis

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • High Court Bristol-Myers Ruling: Direction For State Courts

    Jermaine Haughton

    The recent U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California has caused concern among litigants who fear it will restrict the scope of specific jurisdiction. But the ruling simply reinforces Supreme Court precedent, and state courts are already following its clear guidance, says Jermaine Haughton of Miles & Stockbridge PC.

  • Recent Settlements Suggest Off-Label Cases Aren't Extinct

    John Bentivoglio

    A review of recent activity suggests the government remains committed to pursuing off-label promotion cases, even if limited to using civil remedies. Promotional activities continue to be a significant compliance risk for life sciences companies, particularly messages targeted toward vulnerable populations and that characterize risk and adverse event data, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Authenticity Is Key

    Amy Rubenstein

    Three important lessons from the beginning of my practice have stuck with me. From these lessons, I discovered that I am at my best when I am authentic — and because I am who I am, clients, counsel and courts find me credible, says Amy Rubenstein of Schiff Hardin LLP.

  • What Does It Mean To 'Consider' Pipeline Risk Factors?

    Zachary Koslap

    The Fifth Circuit's recent ruling in ExxonMobil Pipeline Company v. U.S. Department of Transportation held that ExxonMobil was not in violation of regulations requiring it to “consider” all risk factors relevant to a certain pipeline segment. The court’s distinction between process-based and outcome-based regulations is especially useful, says Zachary Koslap of Manko Gold Katcher & Fox LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Managing Consumer Expectations For Autonomous Vehicles

    Charles Moellenberg Jr.

    As consumers begin to sit in the driver’s seat of automated and autonomous vehicles, manufacturers and sellers have a golden opportunity to educate consumers on the benefits and risks of those vehicles and to shape their expectations, says Charles Moellenberg Jr. of Jones Day.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • Shopping For Standard Food Date Labels

    Brian Sylvester

    The voluntary initiative by grocery manufacturers and retailers to distill date labels to just two standard phrases should go a long way toward stemming consumer confusion. But if states continue to jump into the fray, a patchwork of differing standards could trigger federal rulemaking, says Brian Sylvester of Keller and Heckman LLP.