Product Liability

  • May 17, 2017

    Zimmer Attacks Breakup Bid In Knee-Replacement MDL

    Zimmer Inc. urged an Illinois federal judge on Tuesday to forbid knee-replacement patients suing over their prostheses’ quality to shift their disputes from the multidistrict litigation back to home courts, saying the bellwether process is still in full swing.

  • May 17, 2017

    Claims Revived Against Union Carbide Over Asbestos Death

    The New Jersey Appellate Division on Wednesday revived a widow's claims against Union Carbide Corp. over her husband's asbestos-related death, saying she presented sufficient evidence that a reasonable jury could infer he was exposed to the toxic mineral from the company's products while working at a chemical plant.

  • May 17, 2017

    Consumers Defend Louisville Slugger Warranty Suit

    A proposed class of consumers accusing Wilson Sporting Goods Co. of failing to honor warranties for defective Louisville Slugger baseball bats asked an Illinois federal judge on Tuesday not to trim their suit, arguing that it was properly pled and it’s too early to deal with issues of class certification.

  • May 17, 2017

    Plaintiffs Bar Perspective: Aldous Walker's Brent Walker

    You have to learn how to pick your battles. Don’t waste your time, money or emotional energy on conflict that does not matter to your client’s case, says Brent Walker of Aldous Walker LLP.

  • May 16, 2017

    Plaintiffs Firms Duel Over Texas Jurisdiction In Fee Fight

    A Rhode Island attorney who served as local counsel for a Texas firm in multidistrict litigation over hernia mesh made by C.D. Bard Inc. subsidiary Davol Inc. told a Texas appellate court Tuesday he shouldn’t have to litigate a fee dispute in Texas.

  • May 16, 2017

    Trinity Industries Settles Guardrail Suit On Eve Of Trial

    Trinity Industries Inc. told a Dallas County judge Monday it had settled a product liability case over its allegedly defective guardrails the day before trial was set to begin in the suit brought by a North Carolina man who lost both his legs in a highway accident.

  • May 16, 2017

    FDA Warning Wire: Drug Ingredients In Soda Bottles

    Claims that a supplement can protect pets in the event of a nuclear blast, long overdue adverse drug experience reports, and active pharmaceutical ingredients being kept in reused soda bottles were all targets of the U.S. Food and Drug Administration’s latest warning letters. Here's the latest roundup.

  • May 16, 2017

    Law Firms Seek $1.8M In BMW Sunroof Leak Suits

    Lawyers representing a proposed class of BMW drivers asked a New York federal judge Monday to approve $1.8 million in attorneys’ fees and expenses after they resolved two lawsuits over an alleged sunroof design defect that damaged electrical components in certain vehicles’ trunks.

  • May 16, 2017

    Red Bull Can't Escape $60M Lawsuit Saying Drink Is Deadly

    Red Bull, maker of the famous energy drink claiming to give consumers "wings whenever you need them,” cannot escape a suit claiming $60 million in damages arising from a man’s death from a serious heart condition after he consumed large quantities of the beverage, a Georgia federal judge ruled on Tuesday.

  • May 16, 2017

    Mill Co., Insurers Blast GE Arbitral Mandate At 11th Circ.

    A steel mill operator and its insurers separately pressed the Eleventh Circuit on Monday to undo an arbitration mandate won by a French unit of General Electric Co. accused of supplying faulty motors that caused $45 million in damages, even though GE never signed the arbitration agreement.

  • May 16, 2017

    Amputation Risk Leads To Boxed Warning On Diabetes Drugs

    The U.S. Food and Drug Administration on Tuesday said it has confirmed that Janssen Pharmaceuticals’ diabetes medications Invokana and Invokamet can increase the risk of patients needing to have their legs or feet amputated and said the drugs will now require black-box warnings.

  • May 16, 2017

    Nationwide Sues Hoverboard Importer, Sellers Over Fire

    Nationwide Mutual Insurance Co. sued a hoverboard importer and sellers on Tuesday in New York federal court on behalf of a policyholder whose home caught fire after she brought home the toy.

  • May 16, 2017

    UK Mobility Scooter Antitrust Class Claim Gets Ditched

    The proposed representative of a class of mobility scooter purchasers has declined to move forward with a collective price-fixing proceeding against Pride Mobility Products Ltd. in a case that had been touted as the first under the U.K.’s class action regime, her lawyer confirmed Tuesday.

  • May 16, 2017

    Harvard Study Looks At Ways NFL Can Bolster Player Health

    Harvard Law School published a report Monday exploring the National Football League’s health policies and practices, noting that the professional football league has done a good job with player safety and suggesting areas of improvement using examples from other professional sports leagues.

  • May 16, 2017

    Pella Wants Ill. Window Buyers' Defect Action Shut Down

    Window maker Pella told an Illinois federal judge on Monday that a class action by buyers who say their windows leak also has gaps in it and can't meet the requirements of Illinois state law.

  • May 16, 2017

    Judge Nixes Claims NFL Teams Pushed Painkillers On Players

    A California federal judge on Monday dealt a potential knockout blow to claims by former NFL players alleging the league’s 32 teams pressured them to abuse prescription painkillers, dismissing all but a few claims and criticizing the players for bringing mostly unnecessary allegations to push an “advocacy-based agenda.”

  • May 16, 2017

    3M, DuPont Polluted Ala. Drinking Water, Supplier Says

    DuPont, 3M, Mohawk Industries and a host of other manufacturers have contaminated an Alabama drinking water supplier’s water source with toxic chemicals, forcing the supplier to install a new filtration system and purchase nontoxic water from a neighboring water authority, according to a complaint filed Monday in Alabama state court.

  • May 16, 2017

    Kimberly-Clark Dodges Injunction After $454M Fraud Verdict

    A California federal judge has ruled that Kimberly-Clark and its spinoff Halyard Health don’t have to issue customer warnings on top of paying a $454 million award in a class action over substandard surgical gowns, ruling the jury verdict alone was enough compensation.

  • May 16, 2017

    VW To Appeal Raid On Jones Day To German High Court

    Volkswagen AG will appeal to Germany’s highest court a recent ruling that prosecutors didn’t run afoul of the law when they raided the Munich office of Jones Day, the law firm Volkswagen hired to conduct an internal investigation of the automaker’s diesel emissions-cheating scandal.

  • May 16, 2017

    Unique Charging Process To Fuel Amtrak Engineer's Defense

    The engineer at the throttle of the fatal Philadelphia Amtrak derailment that killed eight in 2015 was poised to dodge a criminal prosecution last week, but the same highly unorthodox procedure that led to the state's attorney general charging him on Friday with a felony and two misdemeanors will undoubtedly fuel his defense.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Haeger V. Goodyear: Just Put The Cookie Back In The Jar

    Jeb Butler

    The U.S. Supreme Court's recent ruling in Haeger v. Goodyear illustrates how manufacturers and their lawyers get away with withholding evidence. If the chances of getting caught are low, and the penalty is merely that you go back to where you started, there is little incentive to play fair, says Jeb Butler of Butler Tobin LLC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Scott Gottlieb And The Future Of The FDA

    Kristi Wolff

    The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.