Product Liability

  • July 18, 2017

    Ford's Air Bags Not At Fault In Fatal Crash, Jury Finds

    A Florida jury on Tuesday rejected allegations that a Ford Mustang’s air bags were to blame for a single car crash that killed two men, finding for Ford hours after the automaker argued the driver’s decision to drive drunk was to blame for the accident.

  • July 18, 2017

    GM 'Concealment' Still In Full Force, Jury Hears In Closings

    In closing arguments Tuesday in a federal bellwether trial against General Motors over allegedly defective ignition switches, an Arizona driver argued that the trial itself has been part and parcel of a cover-up and "concealment" strategy that GM faithfully follows to this day.

  • July 18, 2017

    RJ Reynolds Splits Blame In $1.6M Lung Cancer Verdict

    A Florida jury on Tuesday found that a longtime smoker and R.J. Reynolds Tobacco Co. were equally to blame for the lung cancer that ultimately caused her death, holding R.J. Reynolds is only partially responsible for a $1.65 million damages award.

  • July 18, 2017

    Ex-BP Exec Seeks Redo On Investor Claims In Oil Spill MDL

    A former BP executive on Monday asked a Texas federal judge presiding over multidistrict litigation related to the Deepwater Horizon oil spill to rethink his decision allowing investors to proceed with claims based on a 2007 statement the executive made about the status of a fiber-optic network project in the Gulf of Mexico.

  • July 18, 2017

    Investor Rips Atty Fee Requests In $100M Halliburton Deal

    An investor representing Halliburton Co. shareholders in a $100 million settlement with the company over its asbestos liability disclosures has slammed attorneys’ fees requests from two law firms previously involved in the case, telling a Texas federal court Monday that their work provided no meaningful benefit.

  • July 18, 2017

    FDA Warning Wire: Donor Screening Lapses At Fertility Clinic

    The U.S. Food and Drug Administration faulted a fertility clinic for its lax screening practices, found that a company was using the same vat to mix mouthwash and car polish, and scolded a light therapy company for not reporting a recall. Here's this week's roundup of the FDA's latest enforcement actions.

  • July 18, 2017

    Trump Announces Pick To Lead EPA Chemical Safety Office

    President Donald Trump said Monday he intends to nominate Michael Dourson, currently an environmental health professor at the University of Cincinnati, to lead the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention.

  • July 18, 2017

    Consumers Say Merck's Shingles Vaccine Poses Health Risks

    Eighteen consumers from nearly a dozen states have launched a product liability action against Merck & Co Inc. in New Jersey state court alleging they suffered medical problems after receiving the company's Zostavax shingles vaccine, saying the pharmaceutical giant failed to warn them about the risks associated with the medicine.

  • July 18, 2017

    Prior Policies In Play In Olin Cleanup Suit, 2nd Circ. Says

    The Second Circuit affirmed Tuesday that Olin Corp.'s excess policies with Lamorak Insurance Co. were triggered by the chemical producer's payments to clean up several contaminated sites, but found that the insurer may seek to reduce its liability by amounts paid under prior policies covering the same loss.

  • July 18, 2017

    Feds May Appeal 9-Year Sentence In Meningitis Outbreak Case

    Federal prosecutors said in a filing Monday that they plan to challenge the nine-year sentence of a pharmacist who was convicted of racketeering and fraud related to a deadly 2012 meningitis outbreak.

  • July 18, 2017

    Takata Judge Will Hear Bid To Halt Air Bag Suits In August

    The Delaware bankruptcy judge presiding over the Takata Chapter 11 said Tuesday that he would hear in early August the company’s bid to halt scores of lawsuits connected to its defective air bag inflators, an issue likely to face stiff opposition from government agencies and personal injury claimants.

  • July 18, 2017

    Rising Star: Greenberg Traurig's Sean Jessee

    Greenberg Traurig LLP's Sean Jessee has been part of many important wins for his medical device company clients in litigation over alleged defects and injuries, including playing a key role in a $28 million pelvic mesh case for C.R. Bard, earning him a spot among the five product liability attorneys under 40 honored by Law360 as Rising Stars.

  • July 18, 2017

    Investors Blast Polaris' Bid To Nix Suit Over Recalls

    Off-road vehicle manufacturer Polaris can’t pass off alleged misrepresentations about potential risks to the company’s business as simple mismanagement while its vehicles burst into flame and injured customers, a proposed class of investors told a Minnesota federal court Monday.

  • July 18, 2017

    Ex-FDA Head's Comments May Put Meningitis Cases In Peril

    Three pharmacy employees accused of skirting federal regulations in the runup to a deadly 2012 meningitis outbreak urged a Massachusetts federal judge Tuesday to dismiss charges against them, pointing to testimony by a former FDA commissioner they say shows a lack of clarity on how their business should be defined for regulatory purposes.

  • July 18, 2017

    CSX Ordered By Jury To Pay $3.9M For Death Of Film Worker

    CSX Transportation Inc. was ordered to pay $3.9 million in Georgia state court on Monday after a jury found the railroad company 35 percent responsible for the death of a movie production worker hit by a freight train while setting up a shoot on a train trestle.

  • July 18, 2017

    Whole Foods Can't Duck Mislabeled Pizza Injury Suit

    A Tennessee federal judge on Monday refused to let Whole Foods completely off the hook in a personal injury suit stemming from a girl's consumption of a mislabeled "vegan garden pizza" that caused her to be hospitalized due to a nut allergy, ruling that a consumer couldn't be expected to know that a vegan product might contain nuts.

  • July 18, 2017

    Atty Stuck With $25K Sanction In Enbrel Discovery Row

    The lawyer leading a lawsuit alleging that a psoriasis and arthritis prescription drug led to a man's death will have to pay a $25,000 sanction for trying to relitigate issues already settled in discovery, a Nebraska federal judge ruled Monday.

  • July 18, 2017

    Instant Coffee Recalled Over Ingredient Similar To Viagra

    A Texas-based company is voluntarily recalling an instant coffee product marketed as a sexual enhancement supplement after the U.S. Food and Drug Administration confirmed that it contains an ingredient comparable to the active ingredient in FDA-approved erectile dysfunction drug Viagra.

  • July 18, 2017

    Samsung Wants Overheating Galaxy Phone Suit Tossed

    Samsung Electronics America Inc. urged a Pennsylvania federal judge Monday to toss a proposed class action seeking damages allegedly caused by a Samsung Galaxy S3 phone overheating, calling the suit a "textbook example" of "bare-bones pleading" that does not meet the standard for class claims.

  • July 17, 2017

    GM Expert Says Switch Spec Failure Doesn't Equal Danger

    General Motors brought an engineering expert to the stand Monday in a bellwether trial over its ignition switches who testified that even if a switch fails specifications, that's not necessarily something that consumers should worry about.

Expert Analysis

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Spiral Dynamics And The Vanishing Jury Trial

    Jennifer Gibbs

    Over the past 20 years, the number of jury trials has been on a dramatic decline. What if the vanishing jury trial is evidence of an expected development of human consciousness — explained by a theory known as spiral dynamics? asks Jennifer Gibbs, a partner with Zelle LLP.

  • Time To Focus On Cybersecurity In Health Care

    Katherine Armstrong

    The urgent need to focus on the health care industry’s cyber health was thrown into the spotlight by the recent WannaCry global cyberattack. At the same time, there have been three important federal cybersecurity efforts that affect health care, say Katherine Armstrong and Lee Petro of Drinker Biddle & Reath LLP.

  • How Menu Labeling Could Lead To A Preemption Dilemma

    Robert Hibbert

    In May, the U.S. Food and Drug Administration announced the postponement of the compliance date of a federal menu labeling rule for one year. Just weeks later, New York City announced plans to begin enforcing its own updated local menu labeling rule. These two actions potentially raise novel and significant issues of federal preemption, say Bob Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.

  • Policymakers Accelerate On Driverless-Car Cybersecurity

    Nancy Libin

    A uniform national framework for the cybersecurity issues implicated by autonomous vehicles is needed to supplant the numerous state laws and regulations that have sprung up in the absence of federal legislation. Secretary of Transportation Elaine Chao and Congress have an opportunity to provide just that, says Nancy Libin, a partner at Jenner & Block LLP and former chief privacy officer of the U.S. Department of Justice.

  • The Challenge Of Regulating Fidget Spinners

    Sarah Schiferl

    Like popular toys of the past, schoolyard buzz quickly piqued children’s desires for fidget spinners before most adults even knew what they were. But fidget spinners are different from other chart-topping toys in two important ways, and both distinctions implicate how the toys are regulated, say attorneys with Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • The Value Of Protective Orders In Product Liability Cases

    Alan Hoffman

    Agreed upon protective orders can play an important and beneficial role in product liability cases. But, as always, it is imperative to follow governing authority and local practice, whether in state or federal court, and tailor the proposed order and motion to approve accordingly, says Alan Hoffman of Husch Blackwell LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.