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Product Liability

  • July 12, 2018

    Monsanto's Roundup Tied To Cancer, Ex-NIH Official Testifies

    The former director of the National Institutes of Health's environmental wing explained to a California jury Thursday how he advised the World Health Organization when it decided the active ingredient in Monsanto's lead weed killer was "probably carcinogenic to humans," during a first-of-its kind trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 12, 2018

    The Biggest Pa. Appellate Rulings Of 2018: Midyear Report

    The Pennsylvania appellate courts have made their mark during the first half of the year with a number of major rulings ranging from the constitutionality of the state’s congressional districts to the ability of landowners to bring trespassing claims over hydraulic fracturing. Here, Law360 takes a look at some of the most significant rulings so far in 2018.

  • July 12, 2018

    1.6 Billion Opioid Doses Flooded Mo., McCaskill Says

    Sen. Claire McCaskill said Thursday pharmaceutical companies and drug distributors shipped enough opioids to the state of Missouri to give every resident more than 260 doses over six years, a total of about 1.6 billion.

  • July 12, 2018

    Lenovo Cuts $7.3M Deal To Settle Adware Class Action

    Lenovo Inc. has agreed to pay a certified class of nationwide consumers $7.3 million to resolve allegations it preinstalled software on laptops that caused performance, privacy and security issues, according to court documents filed in California federal court.

  • July 12, 2018

    Drug Wholesaler Not Covered For DEA Action Over Opioids

    An Ohio federal judge ruled Wednesday Navigators Insurance Co. doesn’t have to cover wholesaler Miami-Luken Inc.’s costs to defend against a Drug Enforcement Administration action alleging it oversupplied opioids to pharmacies, citing a policy provision barring coverage for claims arising from the same facts as a prior suit over Miami-Luken’s drug distribution.

  • July 12, 2018

    FDA Announces $32.5M In Funds For Produce Safety

    The U.S. Food and Drug Administration on Thursday announced $32.5 million in funding for 46 states as part of an effort to implement standards for the safe growing and harvesting of produce under the Food Safety Modernization Act.

  • July 12, 2018

    Insurers' New York Pfizer Coverage Suit Bites The Dust

    A New York federal judge on Wednesday declined to take jurisdiction over a massive insurance coverage fight in which Pfizer Inc. wants help with a $400 million settlement of shareholder claims over the withdrawn-from-the-market painkiller Bextra and other drugs, citing Pfizer's competing suit in Delaware filed just hours before this one.

  • July 12, 2018

    Scotts Must Face Widow's Lawn Fertilizer Asbestos Suit

    The Scotts Co. LLC lost its bid to escape a New Jersey lawsuit alleging a man contracted mesothelioma in part from his exposure to asbestos in a Scotts fertilizer product after the state Supreme Court refused to second-guess an appellate opinion restoring his widow’s lawsuit based on new evidence.

  • July 12, 2018

    J&J Hit With $4.69B Verdict In 22-Woman Talc Cancer Trial

    Johnson & Johnson’s talcum powder contained asbestos and gave cancer to 22 women, a St. Louis jury held Thursday, slamming the company with $550 million in compensatory damages plus $4.14 billion in punitive damages.

  • July 11, 2018

    J&J Says Talc-Cancer Link 'Fiction' At 22-Woman Trial's Close

    Mark Lanier, representing 22 women who allege Johnson & Johnson’s talcum powder gave them cancer, told a St. Louis jury during Wednesday closing arguments to place themselves in an episode of “CSI: St. Louis” and bring the company to justice, and J&J’s counsel praised Lanier's storytelling, but said “some stories are just fiction.”

  • July 11, 2018

    Kavanaugh Splurged On Baseball Tix, Reports Say

    D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.

  • July 11, 2018

    Ben & Jerry’s Sources From Not-So-Happy Cows, Suit Says

    The Organic Consumers Association, a national nonprofit consumer advocacy group, has sued Ben & Jerry’s Homemade Inc. and its parent company Unilever in Washington, D.C., court, alleging they market some ice creams sourced from inhumane factory farms as being produced by “happy cows” raised in “caring dairies.”

  • July 11, 2018

    FisherBroyles Adds Litigators in Florida, Philadelphia

    FisherBroyles LLP on Wednesday announced the addition of a pair of litigators in its offices in Naples, Florida, and Philadelphia who bring experience in a variety of areas.

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    Widow's Plane Crash Suit Not Preempted, 3rd Circ. Hears

    A widow who sued an Avco Corp. unit over her pilot husband’s fatal plane crash urged the Third Circuit on Wednesday to undo a district judge’s finding that her claims were preempted by federal law, arguing the judge had used a “sweeping rule” that would effectively extinguish all state-law aviation defect claims.

  • July 11, 2018

    DEA Finalizes Prescription Opioid Anti-Diversion Policy

    The U.S. Drug Enforcement Administration finalized plans Wednesday to scrutinize diversion of prescription opioids for illicit uses when setting limits on opioid production, shooting down industry objections about potential shortages and methods of assessing diversion.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    Troutman Sanders Nabs 5 Partners From Crowell & Moring

    Troutman Sanders LLP has announced the hiring of five former Crowell & Moring LLP partners whose focus on litigation, insurance and reinsurance has seen them involved in sports concussion disputes, international arbitration and asbestos-related suits, among others.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

Expert Analysis

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.