Product Liability

  • November 14, 2017

    What Telecom Attys Need To Know About Connected Cars

    As the possibility of connected vehicles moves from a futuristic development to an impending reality, the automotive sector has been busy trying to establish technical standards to guide the innovation. But the realm also includes sophisticated communications technology that is taking the telecommunications industry on a wild ride.

  • November 14, 2017

    RI Atty Fights Texas Jurisdiction In Mesh Row Before Justices

    A Rhode Island attorney has asked the Texas Supreme Court to correct a judgment from a lower appellate court that he can't steer clear of Texas court in a malpractice lawsuit brought by a former client in hernia mesh litigation, arguing the October opinion contradicts the high court's prior rulings.

  • November 14, 2017

    VW To Pay $69M To NJ Over Diesel Emissions Scandal

    The Volkswagen Group of America will pay New Jersey $69 million to settle claims that it sold diesel vehicles that cheated environmental standards, Gov. Chris Christie said Tuesday, an amount the state says represents more cash per vehicle than any other state settlement in the scandal to date.

  • November 14, 2017

    J&J Hip Implant Patients Seek Big Damages From Texas Jury

    Six New York plaintiffs on Tuesday asked a Texas federal jury to hit Johnson & Johnson with at least a nine-figure punitive damages award to punish the company for allegedly making and marketing a defective line of metal-on-metal hip implants.

  • November 14, 2017

    BMW Hit With New Engine-Defect Class Action

    BMW is facing yet another class action in New Jersey federal court over engine defect claims, this one alleging that problems with certain models’ chain assemblies caused poor acceleration or sudden engine failure, according to a complaint filed Monday.

  • November 14, 2017

    Injectable Silicone Linked To Disfigurement, Deaths, FDA Says

    The U.S. Food and Drug Administration on Tuesday warned consumers and health care providers about the risks of serious injuries, disfigurement and even death associated with silicone injections falsely marketed as FDA-approved dermal fillers for boosting the size of butts, breasts and other body parts.

  • November 14, 2017

    Ex-NFLers Fight Changes To Brain-Injury Claims Process

    Former NFL players urged a Pennsylvania federal court on Monday to overturn, in light of new evidence, a claims administrator's changes to how claims are processed under a settlement agreement for brain injuries in multidistrict litigation.

  • November 14, 2017

    Takata's Japanese Parent Wins Ch. 15 Recognition

    The Delaware bankruptcy judge presiding over the Takata family of cases said Tuesday that he would grant the company’s Japanese parent Chapter 15 recognition over the objections of a group of plaintiffs suing over the debtor’s dangerously defective airbag inflators who say their due process rights are being squelched.

  • November 14, 2017

    FDA Warns Of Deaths Linked To Opioid-Like Kratom

    The U.S. Food and Drug Administration warned of serious safety risks of herbal supplement kratom, a plant native to Southeast Asia, saying Tuesday that the substance has effects similar to opioids' and that regulators know of at least 36 deaths linked to it.

  • November 14, 2017

    Walgreens Hit With Suit Over Sale Of J&J Talc Products

    A woman who says her daily use of talcum powder caused her 2014 cancer diagnosis sued Walgreen Co. in Illinois state court Monday, claiming the company worked with Johnson & Johnson to market and sell its talc products to consumers without warning them of the risks.

  • November 13, 2017

    Woman Seeks $24M As Trial Over Asbestos, J&J Talc Closes

    A woman alleging asbestos in Johnson & Johnson’s talcum products gave her mesothelioma sought $24 million during closing arguments Monday in the California trial, while J&J responded that the woman relied on a changing story and biased experts to make her case.

  • November 13, 2017

    Hisense Slips Sharp’s First Amendment Suit Over Gag Order

    China’s state-owned Hisense Co. Ltd. on Monday won the toss of a First Amendment suit Sharp Corp. filed against it over a gag order issued by a Singapore arbitrator, as a Washington, D.C., federal judge ruled that the Japanese electronics maker did not show government involvement in the arbitration.

  • November 13, 2017

    Takata Judge Won't Exempt States From Airbag Suit Stay

    The Delaware bankruptcy judge presiding over the Takata case ruled Monday that state and government agencies will not be exempted from a five-day extension of a litigation freeze connected to the debtor’s dangerously defective airbag inflators.

  • November 13, 2017

    NJ Doctor Accused Of Recklessly Pushing Addictive Opioids

    A family physician has been temporarily suspended after he was accused of indiscriminately prescribing medically unnecessary, highly addictive opioids to patients, the New Jersey Office of the Attorney General announced Monday.

  • November 13, 2017

    Lumber Liquidators Customers Will Likely Win Class Cert.

    A California federal judge seemed poised Monday to certify a class of Lumber Liquidators customers who say the company knowingly sold defective flooring, reasoning that even if more than 100 products were at issue in the case, the allegations applied to “the whole kit and caboodle.”

  • November 13, 2017

    J&J Hip Implant Jury Won't Hear Witness Tampering Claim

    A Texas federal judge refused Monday to allow jurors in a bellwether hip implant liability trial to hear testimony related to alleged witness tampering stemming from communications between a Drinker Biddle & Reath LLP attorney for defendant Johnson & Johnson and a company sales representative.

  • November 13, 2017

    9/11 Victims Say Saudi Arabia Can't Nix Terror-Support Claims

    Saudi Arabia can’t dispose of the massive lawsuit claiming it supported al-Qaida as it planned and carried out 9/11, victims of the terrorist attacks told a New York federal judge Thursday, arguing that the country hasn’t adequately challenged the court’s jurisdiction.

  • November 13, 2017

    Pa. Appeals Court Upholds Risperdal Time Bar

    In a decision implicating hundreds of cases pending in a mass tort program in Philadelphia, a Pennsylvania appeals court ruled Monday that two boys who allegedly grew breasts after taking the Johnson & Johnson antipsychotic Risperdal had waited too long to sue over their injuries.

  • November 13, 2017

    Trader Joe's Says Shoppers Lied About Truffle DNA Tests

    Trader Joe’s Co. has asked a New York federal court to impose sanctions on shoppers who filed a proposed class action accusing the grocery store of charging premium prices on truffle-flavored olive oil containing no black truffle, claiming Friday that the shoppers lied about whether DNA tests proved the lack of truffles.

  • November 13, 2017

    Trader Joe's Hits Back Again At Underfilled Tuna Claims

    Trader Joe’s Co. has refused to back down in California federal court from its defense that it doesn’t underfill the cans of tuna fish it sells, denying once again a proposed consumer class suit’s allegations that accuse the grocer of underfilling 5-ounce cans of store-brand tuna.

Expert Analysis

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • What Companies Should Know About TSCA Consent Orders

    Martha Marrapese

    The U.S. Environmental Protection Agency's use of consent orders under the Toxic Substances Control Act and the significant new use rules that follow are catching companies off guard as they cascade through the supply chain. Martha Marrapese of Wiley Rein LLP explains considerations that go into negotiating consent orders for new chemicals and the requirements that flow from them.

  • Rejecting FTC Drug-Level Standard On Dietary Supplements

    Benjamin Mundel

    Over the past decade the Federal Trade Commission has attempted to raise the standard for dietary supplements to require drug-level randomized clinical trials. However, as demonstrated by a New York federal court's recent decision in FTC v. Quincy Bioscience Holding Company, when companies have refused to give in, courts have dismissed the FTC’s attempt to apply this standard, say Benjamin Mundel and Jacquelyn Fradette of Sidley Austin LLP.

  • Lessons From A Challenge To CPSC Civil Penalty Authority

    Sheila Millar

    Last month, a federal court resolved a legal challenge to civil penalties sought by the U.S. Consumer Product Safety Commission against Spectrum Brands for violations of the Consumer Product Safety Act. Because such lawsuits are rare, companies that make, distribute or sell consumer products should take note, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • 9th Circ. Endangers Mass Action Removal Under CAFA

    Emily Pincow

    Congress adopted the Class Action Fairness Act of 2005 to make it more difficult for plaintiffs attorneys to defeat diversity jurisdiction and removal to federal court. But the Ninth Circuit’s decision in Dunson v. Cordis Corp. allows plaintiffs to avoid federal court and leaves corporations with no clear guidance, says Emily Pincow of Weil Gotshal & Manges LLP.