Product Liability

  • January 17, 2017

    EPA Says It Can't Pay For Gold King Mine Spill Claims

    The U.S. Environmental Protection Agency on Friday said that it can't pay for any tort claims against it for its role in triggering the 2015 Gold King Mine disaster, despite the agency’s long-standing assertion that it would take full responsibility for handling the spill.

  • January 17, 2017

    Jury Must Decide Concrete's Defectiveness, Pa. Court Rules

    A published decision by a Pennsylvania appeals court found that a jury should have been allowed to decide whether wet concrete, the cause of chemical burns suffered by two men during a home improvement project, should be considered defective.

  • January 17, 2017

    KBR Asks Judge To Nix Iraq Toxic Burn Pit MDL

    Defense contractor KBR Inc. on Friday asked a Maryland federal court to toss a multidistrict litigation over allegations that the company exposed military personnel to toxic fumes from a burn pit in Iraq, saying that the court does not have jurisdiction over military battlefield decisions.

  • January 17, 2017

    LifeLock Can't Revive False Ad Suit Coverage Bid

    A New York appellate court on Tuesday rejected identity theft protection company LifeLock Inc.'s bid to revive its suit seeking coverage from Lloyd's of London underwriters for defense costs in a civil suit and related class actions over purportedly misleading claims, holding that a pair of policy exclusions preclude coverage.

  • January 17, 2017

    Lead Objector Seeks $6M Fee In NCAA Concussion Deal

    Attorneys for the lead objector in a multidistrict litigation against the National Collegiate Athletic Association over concussion-related health concerns asked for $6 million in fees for their contributions to the case on Friday, the same day attorneys for a class of student-athletes sought $15 million in fees from an Illinois federal judge.

  • January 17, 2017

    Product Liability Group Of The Year: Covington & Burling

    From taking up Takata Corp.’s defense in a massive litigation over potentially explosive air bags to wiping out more than 1,000 suits over Mirena IUDs, attorneys in Covington & Burling LLP’s product liability practice group were busy in 2016 defending high-profile corporations, earning it a spot among Law360’s Practice Groups of the Year.

  • January 13, 2017

    Product Liability Group Of The Year: Bowman & Brooke

    The versatility of Bowman & Brooke LLP's product liability team was on full display in 2016 as it locked up high-profile defense wins on behalf of two auto industry giants along with a medical device maker and sporting equipment producer to boot, securing its place among Law360’s Practice Groups of the Year.

  • January 13, 2017

    Bayer Gets Freebie As Atty Neglect Sinks Yasmin Suit

    The Seventh Circuit on Friday threw out one of the many cases alleging Bayer Corp.’s birth control pill Yasmin causes blood clots because the attorneys running the case admittedly did "mostly nothing" for a year and a half.

  • January 13, 2017

    FDA Issues Guidance On How It OKs Device Tests In Humans

    The U.S. Food and Drug Administration released final guidance Thursday outlining what factors it considers when evaluating applications from medical device makers who want to start testing in humans.

  • January 13, 2017

    Student-Athlete Attys Seek $15M In NCAA Concussion Deal

    Attorneys for a class of student-athletes in multidistrict litigation with the NCAA over concussion-related health concerns are seeking $15 million in fees on the heels of early approval of a $75 million settlement, according to a request filed in Illinois federal court on Friday.

  • January 13, 2017

    Rail Suit Jurisdiction Dispute Chugs Into Supreme Court

    The U.S. Supreme Court agreed Friday to take up a jurisdictional dispute involving BNSF Railway Co.'s challenge to a Montana high court ruling that two injured out-of-state railroad workers could sue the company in Big Sky Country.

  • January 13, 2017

    Spouse Of FTC Witness In Diet Pill Suit Avoids Sanctions

    A Florida federal judge on Friday declined to sanction the husband of one of the Federal Trade Commission’s key witnesses in the agency’s false advertising suit against diet pill maker Roca Labs after the company said he failed to respond to a subpoena, concluding that reasonable efforts to comply were made.

  • January 13, 2017

    Pharmacy That Sold Deadly Drugs Touted Safety, Jury Told

    A former sales representative at a Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak testified Friday he was trained to tell prospective customers the company was fastidious about ensuring patient safety as he took the stand in the murder trial of the firm's former chief.

  • January 13, 2017

    J&J Seeks OK Of $5M Baby-Product False Ad Settlement

    After six years of litigation, Johnson & Johnson on Friday asked an Illinois federal judge to approve a $5 million settlement for claims brought against it by a class of consumers over bedtime bath products they say are not "clinically proven" to help babies sleep better, as advertised.

  • January 13, 2017

    Podhurst Hits Back In Row With NFL Player Estate Over Fees

    Podhurst Orseck PA has urged a Pennsylvania federal court not to invalidate its retainer agreement with the estate of a class representative in the NFL concussion settlement that claims the firm is seeking an unfair recovery, saying it worked for both the class and the individual and deserves its contract-based fees.

  • January 13, 2017

    DuPont Can't Ax Cancer Causation Claim On Eve Of C8 Trial

    A federal judge on Thursday rejected DuPont's efforts to excise a key legal argument from an imminent trial over Ohio water contamination caused by decades' worth of Teflon manufacturing waste, the second of 40 trials expected this year in the multidistrict litigation.

  • January 13, 2017

    EPA Proposes Risk-Based Chemical Evaluation System

    The U.S. Environmental Protection Agency on Friday proposed a system for identifying chemicals as either high- or low-priority risks, a move that further implements Congress’ recent changes to the Toxic Substances Control Act.

  • January 13, 2017

    Fiat Chrysler Faces Consumer Suit Over Emission Software

    The morning after the Environmental Protection Agency’s Thursday announcement that Fiat Chrysler installed and didn’t disclose engine software allowing over 100,000 vehicles to produce excessive nitrogen oxide emissions, an Alabama man brought a federal court suit alleging the automaker misled customers as well as regulators.

  • January 13, 2017

    Attys Seek $150M In $375M Dow, Boeing Nuke Pollution Deal

    Attorneys for a class of residents who reached a $375 million settlement with Dow Chemical Co. and a former Rockwell subsidiary owned by Boeing Co. over exposure to nuclear waste in a 27-year-old class action asked for $150 million in fees in Colorado federal court on Thursday.

  • January 13, 2017

    3 Takata Execs Face Criminal Charges Over Air Bag Scheme

    Three Takata Corp. executives have been indicted on criminal charges for their alleged roles in a more than decadelong scheme to hide the truth about the company’s potentially deadly air bag inflators from automakers, federal regulators and the public, the U.S. Department of Justice announced Friday.

Expert Analysis

  • Legal Loopholes For Dietary Supplements Must Be Sealed

    Robert Tauler

    A lack of sustained and serious enforcement of federal laws and regulations allows shady dealers to openly sell illegal supplements in the U.S. Someday, the U.S. Food and Drug Administration may have enough resources to bring these bad actors down, but until then laws that govern competition in the marketplace will remain the strongest weapon to protect consumers, says Robert Tauler of Tauler Smith LLP.

  • Talking 'Bull': Episode 10, E.J.

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • How A False Claims Act Case Works — Or Fails

    Steven Boranian

    How does off-label promotion of prescription drugs relate to the False Claims Act? A recent lawsuit alleged that the manufacturer of a prescription diabetes medication engaged in off-label promotion, inducing medical providers to make false claims for reimbursement to Medicare and Medicaid. The problem was that the suit demonstrated neither falseness nor a particular claim, says Steven Boranian of Reed Smith.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Implied Preemption And Monograph Drugs: Part 2

    James Beck

    Tort claims demanding that over-the-counter drugs carry warnings or other information that is different from federal labeling requirements are preempted by statute. But the savings clause exempts product liability claims from preemption. James Beck of Reed Smith LLP considers preemption of OTC drugs under the U.S. Food and Drug Administration’s monograph system.

  • Implied Preemption And Monograph Drugs: Part 1

    James Beck

    Tort claims demanding that over-the-counter drugs carry warnings or other information that is different from federal labeling requirements are preempted by statute. But the savings clause exempts product liability claims from preemption. James Beck of Reed Smith LLP considers preemption of OTC drugs under the U.S. Food and Drug Administration’s monograph system.