Product Liability

  • June 16, 2017

    FDA Will Investigate Pharma Promo Caveats, 'Overwarnings'

    The U.S. Food and Drug Administration plans to investigate how prescribers use data presented as part of cancer drug promotions, as well as whether “overwarning” consumers will cause them to ignore warnings about drugs, the agency said in documents due to be published in the Federal Register on Monday.

  • June 16, 2017

    Judge Won't Rethink Partial Cert. In Heart Monitor Suit

    An Illinois federal judge on Friday declined treadmill manufacturer Precor's request that the court reconsider its grant of partial class certification to a class of dissatisfied customers suing the company over allegedly defective treadmill heart monitors, saying it won't reconsider old arguments and that the only new information Precor brings discredits its own expert’s study. 

  • June 16, 2017

    Takata Stock Trading Halted Amid Reports Of Bankruptcy

    The Tokyo Stock Exchange temporarily halted trading of shares of Takata Corp. on Friday, after local media reports that the embattled Japanese air bag manufacturer was getting ready to file for bankruptcy reorganization amid growing legal woes stemming from Takata air bag recalls.

  • June 16, 2017

    Conspirator In Fake 5-Hour Energy Scheme Gets 6 Months

    A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.

  • June 16, 2017

    Bristol-Myers Says Docs Knew Of Plavix Bleeding Risks

    Bristol-Myers Squibb Co. on Friday urged a San Francisco judge to toss some patients from product liability litigation over its blood thinner Plavix, saying they had failed to provide evidence that doctors would not have prescribed the drug had its warning label been more explicit about bleeding risks.

  • June 16, 2017

    VW Seeks Dismissal Of Wyoming Emissions Suit

    Volkswagen AG on Thursday asked a California federal judge to ax the state of Wyoming’s suit over diesel emissions from the multidistrict litigation, saying that the state is trying to enforce its own laws to regulate emissions from its cars.

  • June 16, 2017

    Jurors With Strange Verdict In Meningitis Case To Be ID'ed

    A federal judge in Massachusetts said Friday he will release the names of jurors who convicted a pharmacist of fraud and acquitted him of murder — and indicated, with an unusual series of numbers, how they were voting.

  • June 16, 2017

    Navy Report Ties Faulty Oxygen Systems To Jet Crew Deaths

    Faulty oxygen systems on Navy FA-18 fighter jets have been linked to four fatal accidents, according to a redacted U.S. Navy review of onboard oxygen system problems, spurred by a rash of hypoxia incidents that has grounded training flights for more than a month.

  • June 16, 2017

    Ex-NFLers Can't Appeal Some Claims In Painkiller Suit

    A California federal judge Thursday refused to certify ex-NFL players’ dismissed claims for appeal in a case claiming the league’s 32 teams pressured them to abuse prescription painkillers, which the players said would’ve avoided a prolonged dispute.

  • June 16, 2017

    Drivers Seek Cert. In Hyundai Shattering Sunroofs Suit

    Vehicle owners suing Hyundai Motor America for allegedly failing to warn drivers of a defect that caused certain sunroofs to shatter asked a California federal judge on Thursday for class certification in multiple states.

  • June 16, 2017

    BU Slams NHL Over Concussion Research Row Fees Bid

    Boston University urged a federal court on Friday to grant its attorneys’ fee request for fighting the National Hockey League’s discovery bid in litigation over players’ long-term concussion risk, arguing the NHL’s rejected request for data on all of the university’s donated brains “overreached.”

  • June 16, 2017

    New Texas Law Welcomes Driverless Cars To State Roads

    Texas Gov. Greg Abbott signed a bill Thursday that will officially allow self-driving vehicles to operate freely on state roads, with or without human supervision.

  • June 16, 2017

    Insurer To Pay MSA An Extra $2M In Fees In Asbestos Fight

    A Pennsylvania state court judge has agreed to tack another $2 million in legal fees and court costs onto a $58 million damages award against North River Insurance Co. in a dispute over coverage for asbestos-related product liability claims brought by MSA Safety.

  • June 16, 2017

    $15M Depakote Verdict A Bargaining Chip For Either Side

    A downstate Illinois jury’s $15 million award to a 10-year-old boy in his suit against Abbott Laboratories over its anti-epilepsy drug Depakote last week could be a bargaining chip for both plaintiffs and the company in the thousands of cases around the country, product liability attorneys told Law360.

  • June 15, 2017

    Judge Recommends Insurer Win In Pet Food Coverage Case

    Colony Insurance should not have to cover Custom Ag Commodities for its role in a massive pet food adulteration fight, a Texas magistrate judge recommended Thursday, saying Custom Ag has presented no convincing arguments for coverage under an ad injury policy.

  • June 15, 2017

    'Pink Slime' Coiner Tells Jury USDA Approval Was Wrong Call

    The former U.S. Department of Agriculture microbiologist who first called Beef Products Inc.’s trimmings product “pink slime” testified Thursday in the company's defamation trial against the ABC network that the “weird” looking product should not have been approved for use in ground beef.

  • June 15, 2017

    2nd Circ. OKs Class Cert. Reviews In Flushable Wipes Suits

    Procter & Gamble, Kimberly-Clark and Costco will be allowed to appeal a district court's decision to certify three classes of consumers accusing them of mislabeling bathroom wipes as "flushable" when they can cause plumbing damage, a Second Circuit panel ruled Wednesday.

  • June 15, 2017

    J&J Appeals $48M Award Over Man's Severe Motrin Reaction

    Johnson & Johnson urged a California appellate court Thursday to overturn a $48 million jury award for a man who developed a severe skin condition from taking the pain reliever Motrin, saying the jury's "confused" verdict form responses were irreconcilably inconsistent.

  • June 15, 2017

    State AGs Open Probe Into Opioid Drugmakers

    Attorneys general throughout the U.S. have launched a joint investigation into how drugmakers might have contributed to the country’s opioid epidemic, the latest indication that pharmaceutical companies are being increasingly scrutinized as the crisis worsens.

  • June 15, 2017

    Restless Legs Drugs Need Black Box Warnings, FDA Hears

    Several drugs for restless legs syndrome should get black box warnings that emphasize the risks of impulse-control disorders and other side effects, an industry-backed research company told the U.S. Food and Drug Administration in a petition released Wednesday.

Expert Analysis

  • How The FAA Is Advancing Drone Operations

    Erik Dullea

    In recent months, the Federal Aviation Administration has announced a technology-based solution to provide operators of drones with geographical data on where their use is restricted. And an FAA affiliate has published a study on hazards from drone-human collisions. All this information should streamline procedures and improve risk assessments around drone use, say Erik Dullea and Chris Sundberg of Husch Blackwell LLP.

  • Talc Talk: 1 Of These Verdicts Is Not Like The Others

    Amy Rubenstein

    Last month a jury awarded a fourth verdict against Johnson & Johnson in a series of suits alleging that the use of talc caused ovarian cancer. But another recent case brought against the company resulted in a defense verdict. A closer look at these trials points to key reasons for the divergent outcomes, say attorneys with Schiff Hardin.

  • Reaffirming Personal Jurisdiction Limits At High Court

    Grant Esposito

    The U.S. Supreme Court's decision in BNSF Railway Co. v. Tyrrell Tuesday is the latest in a series of recent efforts to curtail state court expansion of personal jurisdiction over nonresident defendants, say attorneys with Morrison & Foerster LLP.

  • Juries Must Know About Products' Standards Compliance

    Albert Piccerilli

    In a recent case, the Pennsylvania Superior Court excluded defense evidence of a product's adherence to regulatory and industry standards. But such evidence is central to the issue of whether a product is unreasonably dangerous — and because juries are tasked with resolving that issue, the exclusion of this evidence makes little sense, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • How Automated Vehicles Are Disrupting Insurance

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    The question isn’t whether automated technology will impact the auto insurance industry, but how big that disruption will be and when that disruption will happen. In this videocast, Eversheds Sutherland partners Kymberly Kochis and Fabian Volz discuss numerous ways the insurance industry will be impacted by automated vehicle technology.

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Collaboration, Harmony Key For International Drone Rules

    William O'Connor

    While President Donald Trump's 2-for-1 order has stalled regulations for drone operations in the U.S., the European Aviation Safety Agency and the International Civil Aviation Organization have recently taken steps forward on regulating drones and the airspace in which they operate. Coordination across jurisdictions will be essential for industry to fully realize the benefits of this technology, say attorneys with Morrison & Foerster LLP.