Product Liability

  • January 9, 2018

    SD Tribes Add To Flood Of Opioid Marketing Suits

    Three South Dakota tribes have added to the sea of suits accusing drugmakers and distributors of deceptively marketing highly addictive opioids, alleging in a Monday federal court suit that the companies have worked to conceal the risk of abuse while making billions off the nation’s prescription painkiller epidemic.

  • January 9, 2018

    Christie Beats Suit Over Lead Poisoning In Newark Schools

    A New Jersey federal judge on Monday tossed a putative class action alleging that New Jersey Gov. Chris Christie and related parties exposed Newark school children to lead-contaminated water and tried to cover up the health hazard, saying students' parents have failed to back up their claims.

  • January 9, 2018

    5th Circ. Says Maritime Law Doesn't Apply In Well Injury Row

    An en banc Fifth Circuit on Monday reversed a panel ruling that maritime law applied to a dispute over an injury incurred during work on an offshore gas well, allowing a contractor and its insurer to escape indemnity for the accident under Louisiana state law.

  • January 9, 2018

    VW Settlements Shouldn't Affect Emissions Suits, Court Told

    Two counties in Florida and Utah on Monday urged a California federal court to keep alive their claims in multidistrict litigation alleging that Volkswagen, Audi and Porsche installed illegal “defeat devices” to cheat on vehicles’ emissions tests, saying that the claims are not barred by the Clean Air Act or settlements the automaker previously reached.

  • January 9, 2018

    Judge Urges Speedy Pace For Opioid MDL Amid Crisis

    The Ohio federal judge overseeing the mammoth multidistrict litigation over the ongoing opioid epidemic set an urgent tone for the litigation during the first hearing in the MDL on Tuesday morning, creating a goal to drastically reduce the number of painkillers being disseminated in the U.S.

  • January 9, 2018

    Old Standards Holding Back Auto Safety Advancement

    Federal regulators’ failure to routinely update motor vehicle standards to keep up with technological advancements and industry best practices hampers the deployment of safer driving technology, including automated or self-driving cars, according to a report released Tuesday.

  • January 8, 2018

    Milberg Joins Sanders Phillips Grossman To Form New Firm

    Leading class action law firm Milberg LLP said Monday it has entered a new partnership with Sanders Phillips Grossman LLC, a plaintiffs firm focusing on mass tort and personal injury cases, to form Milberg Tadler Phillips Grossman LLP.

  • January 8, 2018

    Goldberg Segalla Adds Ex-Sedgwick Med Mal Defense Atty

    Goldberg Segalla LLP has shored up its general liability practice group in Miami by adding a former Sedgwick LLP partner with more than three decades of experience handling medical malpractice, product liability cases and complex commercial litigation.

  • January 8, 2018

    Docs Weren't Warned About AndroGel's Risks, Jury Told

    The label on AbbVie Inc.’s AndroGel misled doctors about the drug’s dangers, counsel for a man who suffered clots in his lungs while using the testosterone replacement therapy product told an Illinois federal jury Monday.

  • January 8, 2018

    Walmart Shoppers Sue Over Labeling Of 'Cage-Free' Eggs

    A proposed class of consumers sued Walmart Stores Inc. and an egg supplier in California federal court Monday for allegedly lying about the treatment and condition of hens laying Walmart store-brand Organic Marketside eggs, saying the “cage-free” eggs are falsely labeled as having come from hens with outdoor access.

  • January 8, 2018

    High Court Passes On Trio Of Energy Cases

    Coal giant Murray Energy Corp.'s plea to reverse the Fourth Circuit's conclusion that courts can't make the U.S. Environmental Protection Agency analyze the job impacts of its air pollution regulations headlines a trio of energy-related petitions that the U.S. Supreme Court refused to take up on Monday. Here's a recap of energy cases the high court passed on.

  • January 8, 2018

    Takata Expands Air Bag Recall By 3.3 Million

    Takata Corp. is adding 3.3 million air bag inflators that are at risk of exploding to an existing recall that has affected more than 30 million vehicles, the National Highway Traffic Safety Administration said in a notice on Friday.

  • January 8, 2018

    Houston Firm Wright & Close Adds New Name Partner

    Houston-based appellate and civil litigation law firm Wright & Close LLP announced Monday that it has changed its name and will now be known as Wright Close & Barger LLP with the promotion of Jessica Zavadil Barger to name partner.

  • January 8, 2018

    Monsanto Engaged In Seed-Price Inflation Scheme, Suit Says

    A proposed class of direct purchasers of seeds filed an antitrust lawsuit against Monsanto Co. in Missouri federal court Monday, accusing the global agrochemical company of artificially inflating prices for genetically modified seed traits in soybeans and cotton by engaging in an anti-competitive scheme with other conspirators.

  • January 8, 2018

    Seattle Genetics Mounts 3rd Bid To Defeat Stock Fraud Suit

    Cancer-drug maker Seattle Genetics Inc. on Friday asked a Washington federal court for a third time to dismiss a proposed securities fraud class action against it, saying the latest complaint still doesn’t spell out how it supposedly knew it was engaged in wrongdoing.

  • January 8, 2018

    DC Circ. Judge Questions If Black Lung Case Ready For Court

    At least one D.C. Circuit judge on Monday seemed unlikely to allow Arch Coal Inc. to challenge a U.S. Department of Labor bulletin on black lung claim liability, rebuking the company's assertions that the bulletin counts as a final rule over which federal courts have jurisdiction.

  • January 8, 2018

    Supreme Court Won't Review Ruling On Engle Liability

    The U.S. Supreme Court said Monday it will not hear R.J. Reynolds Tobacco Co.’s appeal of an Eleventh Circuit ruling that determined federal law doesn’t prevent smokers from relying on the landmark Engle tobacco case to allege strict liability and negligence.

  • January 8, 2018

    J&J May Face Punitive Damages In Pa. Risperdal Cases

    A Pennsylvania appeals court on Monday threw out an order that has kept a Johnson & Johnson unit from facing punitive damages in thousands of cases pending in Philadelphia County over allegations that young boys developed breasts after taking the antipsychotic medication Risperdal.

  • January 8, 2018

    Gold King Mine Spill Suit Halted Pending MDL Decision

    A Utah federal judge decided Friday to halt Utah’s suit over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation decides whether to transfer the case to multidistrict litigation, saying the delay will conserve resources.

  • January 5, 2018

    AbbVie Faces Third Jury In Testosterone MDL

    AbbVie will defend its product AndroGel for the third time Monday against claims it seriously injured one of its users as the company takes on the latest bellwether in multidistrict litigation over testosterone replacement therapy drugs in Illinois federal court.

Expert Analysis

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Litigation Is Not The Solution To The Opioid Epidemic

    William Escobar

    It is irresponsible to fit the pharmaceutical industry into the mold of Big Tobacco. The opioid addiction crisis is a public health problem and litigation is not a proper solution, say members of Kelley Drye and Warren LLP.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Cosmetic Companies Must Plan For New Regulation  

    Arameh O'Boyle

    U.S. senators on both sides of the aisle have proposed cosmetic reform bills, making it likely that Congress will soon pass legislation regulating personal care products. This, in turn, is likely to result in greater litigation against companies making those products, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Autonomous And Connected Vehicles: The Year In Review

    Lawrence Hamilton

    During 2017, advances in the state of autonomous vehicle technology, and in the development of a new regulatory framework, moved at a rapid pace. While some industry experts think fully automated passenger vehicles will arrive by 2020, there are signs it will happen sooner, say attorneys with Holland & Knight LLP.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.