Product Liability

  • August 15, 2017

    Charlottesville Victims Hit Protesters With $3M Terrorism Suit

    Two women injured in the deadly car crash during a white supremacist demonstration in Charlottesville, Virginia, accused the driver who hit them, event organizers and websites including and The Daily Stormer of inciting violence and aiding terrorism in a $3 million suit in state court on Tuesday.

  • August 15, 2017

    FDA Warning Wire: Another Co. Blasted For Belladonna

    The U.S. Food and Drug Administration laid into another homeopathic company over children’s teething products containing belladonna, upbraided a Chinese drugmaker for slack quality control, and scolded a bakery’s management for not knowing basic sanitation practices.

  • August 15, 2017

    Talc-Cancer Link Is Weak, J&J Expert Says At Trial's End

    Johnson & Johnson on Tuesday called an epidemiologist to testify that the statistical association between talcum powder use and ovarian cancer is “by definition” a weak one, as the California trial on a woman’s claims that J&J’s products caused her terminal ovarian cancer draws to a close.

  • August 15, 2017

    FDA Fires Back Against Suit Over Delayed Menu Labeling

    A lawsuit challenging the delay of mandatory menu labeling at chain restaurants and grocers should be chewed up and spit out because challengers haven’t been concretely harmed by the delay, the U.S. Food and Drug Administration told a D.C. federal judge on Monday.

  • August 15, 2017

    Pa. Woman Says Rodent Was Baked Into Chick-Fil-A Sandwich

    A Pennsylvania woman ordered a Chick-fil-A chicken sandwich with no butter, no pickles and, impliedly, no vermin, but instead received a sandwich with a small rodent baked into the bun, according to a complaint filed in state court.

  • August 15, 2017

    Mercedes-Benz Wants Suit Over Moldy HVAC System Axed

    Mercedes-Benz USA LLC told a California federal judge Monday that a proposed class action alleging it knowingly sold vehicles with defective HVAC systems that accumulated mold and mildew and emitted noxious odors has improperly added new warranty claims and is trying to expand the scope of affected Mercedes models.

  • August 15, 2017

    Judge Denies Consumers Cert. In Celexa, Lexapro MDL

    A Massachusetts federal judge declined to certify a class of consumers in multidistrict litigation accusing Forest Laboratories of fraudulently promoting Celexa and Lexapro as treatments for pediatric depression, citing individual analyses that would be required to determine issues around the drugs’ use and promotion.

  • August 15, 2017

    Takata Objects To Atty Group's Claims Rep Candidate

    Takata and its unsecured creditors both sounded off Monday over a move by a product liability lawyers group to install one of its own as the representative for future personal injury claimants in Delaware bankruptcy court, with the air bag maker citing conflicts of interest and creditors citing conflicts over cash.

  • August 15, 2017

    DC Circ. Clears DEA To Block Supplier From Selling Opioids

    The D.C. Circuit on Monday lifted a stay that allowed Masters Pharmaceutical Inc. to continue selling controlled substances, including opioids, while the Drug Enforcement Administration challenged the supplier’s compliance with standards meant to block drug diversion.

  • August 15, 2017

    Trucker Sleep Apnea Test Latest To Fall Under Reg Rollbacks

    The Trump administration’s recent decision to yank a proposal to screen all truck, train and bus operators for sleep apnea fulfills the president’s promise to roll back business-hampering regulations, experts say, unraveling an Obama-era plan that may have duplicated existing health assessments and drew skepticism over costs.

  • August 15, 2017

    Arconic Investor Drops Suit Over Grenfell Tower Fire

    The Arconic Inc. investor who filed the first of three lawsuits against the company over alleged false statements related to the flammable exterior cladding materials it supplied for the construction of London’s Grenfell Tower — which caught fire — has dropped his case, according to a short filing in New York federal court on Monday.

  • August 15, 2017

    Las Vegas Racetrack Creditors Look To Force Ch. 11

    Creditors for a Las Vegas racetrack where a fatal crash took place in February are looking to begin Chapter 11 bankruptcy proceedings in Delaware, telling a federal bankruptcy judge that the company continually failed to pay its debts.

  • August 15, 2017

    Sharp Sues To Lift Gag Order On Hisense Arbitration

    Sharp Corp. filed a lawsuit in Washington, D.C., federal court Tuesday to lift a gag order barring the electronics maker from discussing ongoing arbitration against Chinese state-owned Hisense Co. Ltd., attacking what it called a blatant First Amendment violation by a Singapore arbitrator.

  • August 14, 2017

    Exxon Scores Nix Of Pipeline Violations At 5th Circ.

    The Fifth Circuit on Monday vacated several violations that were part of a $2.6 million fine levied by the U.S. Pipeline and Hazardous Materials Safety Administration against ExxonMobil Pipeline Co. over an Arkansas oil spill.

  • August 14, 2017

    No Sign J&J Talc Caused Woman's Cancer, Doc Tells Jury

    A pathologist called by Johnson & Johnson to counter a woman’s claims that chronic inflammation created by J&J talcum powder products caused her terminal ovarian cancer told a California jury on Monday it’s obvious when inflammation causes cancer, and there was no inflammation in the woman’s reproductive tissue.

  • August 14, 2017

    7th Circ. Halves Attys' Fees In Sears Washer Class Action

    The Seventh Circuit on Monday slashed in half a nearly $5 million fee award for six law firms who worked on a class action involving allegedly malfunctioning washing machines sold by Sears and Whirlpool, saying the award needed to be closer to the amount given to the class.

  • August 14, 2017

    Jury Awards Trucking Co. $31M Over Navistar Engines

    A Tennessee jury awarded a trucking company $31 million as it found that Navistar Inc. committed fraud and violated the state’s consumer protection laws when it sold the company 243 heavy-duty trucks without mentioning problems with its Maxxforce diesel engines, the trucking company’s lawyers said Monday.

  • August 14, 2017

    Talk Of Deal As Women Ask 2nd Circ. To Revive Mirena MDL

    A group of more than 1,200 women who say they were injured by Bayer Healthcare’s Mirena intrauterine device on Monday asked the Second Circuit to revive their case while at the same time telling the judges the parties had reached an agreement in this and other pending Mirena MDLs.

  • August 14, 2017

    J&J, Bayer Ask To Strike Doc's Testimony In Xarelto Trial

    Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. on Monday asked the Louisiana federal judge overseeing the third bellwether trial over the blood thinner Xarelto to strike testimony from a physician about a proposed label change redlined by the U.S. Food and Drug Administration. 

  • August 14, 2017

    Enviros Challenge EPA's Chemical Risk Rules In 3 Circuits

    Several leading environmental groups have filed legal challenges to two new U.S. Environmental Protection Agency rules that they say weaken the revised Toxic Substances Control Act, including a framework for evaluating chemical risks and a method of prioritizing chemicals for review.

Expert Analysis

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • The Rule Of Law Is The Best Medicine: Part 1

    Stephen McConnell

    In a recently published rule, the U.S. Food and Drug Administration insists on its right to consider evidence of mere knowledge of off-label use as part of a “totality of the evidence” standard. But this runs counter to reality and the law, as noted in a thoughtful comment from a pharmaceutical trade group, says Stephen McConnell of Reed Smith LLP.

  • Storytelling In The Age Of Emojis

    Adam Bloomberg

    Being a truly effective trial attorney is as much about building a case as it is about playing to your audience of jurors. So if jurors are constantly relying on pictures to connect outside the courtroom, it is time to begin speaking to them in this new language, says Adam Bloomberg of Litigation Insights Inc.

  • High Court's Good News For Out-Of-State Parent Companies

    Gary Mennitt

    Many businesses comprise multiple entities that function together while remaining legally distinct. But the plaintiffs bar often construes affiliated defendants as one company, unified by vicarious liability. Foreign parent defendants can push back by moving to dismiss for lack of personal jurisdiction. Two recent U.S. Supreme Court opinions have enhanced the power of this maneuver, say attorneys with Dechert LLP.

  • Bristol-Myers Squibb: The Aftermath

    Erin Bosman

    Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California. Mass tort defendants appear to be wasting little time in moving to dispose of claims from nonresident plaintiffs under this ruling, say attorneys with Morrison & Foerster LLP.

  • How A Dairy Campaign Went Sour Under The Lanham Act

    Randy Miller

    When Arla Foods portrayed a little girl defining a common hormone used to increase milk production in cows as “weird stuff” akin to a “six-eyed monster,” a Wisconsin federal judge recently decided the ad went too far and would likely mislead consumers. The court's opinion will likely be relied upon by other Lanham Act litigants as health and safety claims in advertising continue to grow, say Randy Miller and Kevin Weigand of Venable LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Trimming An MDL Expert's Testimony On Remand

    Michelle Hart Yeary

    In Walker v. Ethicon, a case remanded from multidistrict litigation, the Northern District of Illinois recently found that a plaintiffs expert's reports went beyond the scope of what was legally permissible. Expert testimony's conformity with state law will be under particular scrutiny by the remand court in such situations, says Michelle Yeary of Dechert LLP.

  • How Highly Automated Vehicles Will Drive Legal Change

    Jason McCarter

    When highly automated vehicles are prevalent on the road there will be at least three major areas in which risk allocation associated with automobiles will change: litigation, contracting and regulation, say Jason McCarter and Tracey Ledbetter of Eversheds Sutherland.