Product Liability

  • May 15, 2018

    6 States Sue Purdue Over Alleged Deceptive Opioid Marketing

    The attorneys general of Texas, Florida, Nevada, North Carolina, North Dakota and Tennessee separately said on Tuesday that they have filed lawsuits against Purdue Pharma LP for its alleged deceptive marketing of prescription painkillers that perpetuated the national opioid crisis.

  • May 15, 2018

    EPA Post-VW Emission Testing Could Be Better: OIG

    The U.S. Environmental Protection Agency's Office of Inspector General on Tuesday said the EPA has improved its vehicle emissions testing programs in the wake of the Volkswagen emissions cheating scandal, but should do more to increase compliance.

  • May 15, 2018

    Insys Bribed Docs To Write Opioid Scripts, DOJ, 6 States Say

    The U.S. Department of Justice and six states have joined whistleblower litigation, unsealed Monday, accusing Insys Therapeutics of bribing doctors to prescribe the fentanyl painkiller Subsys off-label, purportedly costing the federal government tens of millions of dollars.

  • May 15, 2018

    FDA Warning Wire: Pesticides, Poisoning, YouTube Promos

    This week’s U.S. Food and Drug Administration warning letters lambasted companies for producing pharmaceuticals alongside pesticides, failing to test for lethal drug contaminants and posting YouTube promos that exaggerated the proven effectiveness of diagnostic software used by doctors. Here’s a look at the reprimands.

  • May 15, 2018

    Riddell Says Ex-NFLers' Concussion Claims Covered By CBAs

    Former NFL players who opted out of a settlement in multidistrict litigation over brain injuries should not be able to bring a lawsuit against helmet maker Riddell Inc., because their claims are covered by collective bargaining agreements, the company said Monday in Pennsylvania federal court.

  • May 15, 2018

    Titan Of The Plaintiffs Bar: Seeger Weiss' Christopher Seeger

    Seeger Weiss LLP co-founder Christopher Seeger helped patients who suffered heart attacks after using testosterone replacement drugs score more than $300 million in two recent bellwether trials and negotiated a record $1.5 billion agricultural settlement last year, earning him a place among Law360's 2018 Titans of the Plaintiffs Bar.

  • May 15, 2018

    Honda CR-V Owners Call Crash 'Sensing' System Dangerous

    A trio of California Honda CR-V owners filed a proposed class action Monday in California federal court against the automaker, claiming their cars came equipped with defective collision avoidance systems that are actually making them less safe.

  • May 15, 2018

    Citgo Says 3rd Circ. Muffed Ruling Over $100M Spill Award

    Citgo on Monday urged the Third Circuit to reconsider its ruling saddling three subsidiaries with the lion's share of liability for a $100 million-plus oil spill judgment, arguing that the decision only compounds the original, faulty allocation of liability for the spill.

  • May 15, 2018

    VW Offers Reimbursements To End Faulty-Engine Row

    Volkswagen AG and its Audi AG brand have agreed in New Jersey federal court to reimburse a proposed class of drivers for the costs of repairing an alleged defect that puts certain vehicles at risk of losing engine power.

  • May 15, 2018

    11th Circ. Affirms Fertilizer Co.'s Win In Toxic Tort Suit

    The Eleventh Circuit on Monday backed Mosaic Fertilizer LLC's quick win in a lower court on claims by a Florida woman that toxic substances from a factory owned by the company either caused her various medical conditions or made them worse, affirming the exclusion of an expert witness' testimony.

  • May 14, 2018

    Drivers Fight Fiat Chrysler’s Bid To Nix Pacifica Defect Suit

    A California couple suing Fiat Chrysler over an alleged defect that causes its Pacificas to stall or shut off without warning said Friday the automaker knew of the glitch and had a duty to warn consumers before they purchased their vehicles, telling a federal judge FCA US LLC can’t duck their putative class action.

  • May 14, 2018

    Brand-Name Drug Cos. Not Liable For Generics' Tags In W.Va.

    The West Virginia Supreme Court has held that, under state law, a consumer cannot bring failure-to-warn claims against a maker of a brand-name drug when a generic drug manufacturer made the drug, siding with Janssen Pharmaceuticals Inc. in a suit over a generic version of an antibiotic.

  • May 14, 2018

    Schiff Hardin Must Face Malpractice Suit, 5th Circ. Told

    Ironshore Europe DAC asked the Fifth Circuit on Monday to allow it to go forward with its claim Schiff Hardin LLP's bad advice about a product liability trial cost it $34 million, saying the law firm is liable under Texas law.

  • May 14, 2018

    9th Circ. Wants More Briefing In Gluten-Free Labeling Suit

    The Ninth Circuit ordered consumers and General Mills Inc. to file additional briefs in an appeal of a putative class action claiming General Mills owes damages for selling gluten-free Cheerios with the wrong flour, asking them to address whether General Mills' pre-litigation offer nullifies a consumer’s standing to sue in light of a recent Seventh Circuit ruling.

  • May 14, 2018

    Colorado Residents Sue Makers Of 'Toxic' Firefighting Foam

    The 3M Co., Tyco Fire Products LP and other manufacturers were accused Monday of putting Colorado residents at risk of developing health problems like cancer, thyroid disease and pregnancy complications by supplying a nearby air base with firefighting foam containing toxic chemicals.

  • May 14, 2018

    High Court To Mull Asbestos Liability Under Maritime Law

    The U.S. Supreme Court on Monday agreed to hear an appeal of a precedential Third Circuit decision holding that companies can be held liable under maritime law for asbestos-related injuries if a manufacturer could have reasonably foreseen asbestos would be later added to its product.

  • May 14, 2018

    High Court Won't Hear GM Paralyzed Driver Retrial Fight

    The U.S. Supreme Court on Monday declined to hear General Motors’ challenge to an Eighth Circuit decision clearing the way for a damages-only retrial for a Missouri man left quadriplegic after a 2012 accident involving a GMC van, even though most of the liability claims against GM were rejected.

  • May 14, 2018

    NHTSA Wants Answers For Delays In Takata Air Bag Recall

    The National Highway Traffic Safety Administration is asking 12 automakers to share their plans and timelines for replacing millions of faulty Takata Corp. air bags after they missed a December deadline, according to letters obtained by Law360 on Monday.

  • May 11, 2018

    Texas Plans Opioid Deception Suit, Opposes State MDL

    Texas will file suit in the next week alleging an opioid manufacturer used deceptive trade practices, the state said in a letter to the Texas Judicial Panel on Multidistrict Litigation, opposing pretrial consolidation of litigation by Texas counties alleging problematic marketing and sales of opioid medications.

  • May 11, 2018

    Class Counsel In Dow Pollution Suit Want Attys Sanctioned

    Lead class counsel representing residents who inked a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit urged the Tenth Circuit to sanction three individual attorneys who claim they were denied a share of $150 million in fees for their work, calling their appeal frivolous.

Expert Analysis

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • A Closer Look At Economic Issues In Food Labeling Cases

    Peter Rankin

    In recent food labeling cases, class action plaintiffs have claimed that inappropriate labeling affected consumer decision-making. Economists with Charles River Associates discuss issues with these types of allegations from an economic perspective.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.