Product Liability

  • March 20, 2017

    Deepwater Judge Allows Delayed Claims To Proceed To Court

    The judge overseeing the Deepwater Horizon multidistrict litigation ruled Friday that plaintiffs whose pursuit of economic damages from the oil spill and resulting federal moratorium on Gulf of Mexico drilling were put on hold could opt out of a global settlement and bring their claims in court.

  • March 20, 2017

    NASCAR Fan Settles Suit Over Daytona Crash Debris Injury

    A lawsuit by a NASCAR fan injured by flying debris from a 12-car crash at Daytona International Speedway came to an end Monday as a Florida federal judge issued a final dismissal of the case following a settlement reached last month.

  • March 20, 2017

    Fiat Investors Seek Class Cert. In Emissions Cheating Suit

    Investors claiming Fiat Chrysler inflated its stock price by using illegal software to cheat on emissions tests and otherwise dodging safety and emissions regulations asked a New York federal judge on Friday to certify a proposed class represented by Pomerantz LLP and The Rosen Law Firm PA.

  • March 20, 2017

    Tempur-Sealy Fights For Class Action Coverage At 9th Circ.

    Tempur-Sealy International Inc. on Monday urged the Ninth Circuit to affirm a lower court's ruling that a unit of The Hartford must cover its costs to defend against a proposed class action alleging that the mattress company lied in marketing materials, contending that the underlying complaint seeks potentially covered damages.

  • March 17, 2017

    Treadmill Users Get Partial Cert. In Heart Monitor Suit

    An Illinois federal judge on Thursday granted certification to a class of consumers alleging treadmill maker Precor Inc. sold them products with defective heart rate monitors on the issue of liability, but found that certification should be withheld on the issue of damages.

  • March 17, 2017

    High Court Urged To Pull Flint Water Row From State Court

    Two engineering firms have asked the Supreme Court to review a Sixth Circuit decision holding that lawsuits brought against them by Flint, Michigan, residents over the city’s water contamination crisis could go ahead in state court under the local controversy exception to the Class Action Fairness Act, saying it loosens class action pleading standards in direct conflict with six other circuit courts.

  • March 17, 2017

    11th Circ. Sides With Allstate Over Mostly Unpaid $11M Award

    The Eleventh Circuit affirmed a victory for Allstate in bad-faith litigation seeking to recover most of an $11 million judgment stemming from a car accident, saying Friday that a lower court didn’t abuse its discretion by rejecting the jury instructions requested by the man bringing suit for the victim.

  • March 17, 2017

    FDA Delays Off-Label Rule Opposed By Big Pharma

    Bowing to pressure from Big Pharma, the U.S. Food and Drug Administration on Friday delayed by one year a controversial new rule that endorsed a broad approach to determining whether drug and device makers are engaged in off-label promotion.

  • March 17, 2017

    Ill. Bus Co. Drops Navistar Racketeering Suit

    An Illinois school bus company has agreed to drop a suit claiming Navistar International Corp. orchestrated a racketeering enterprise involving the sale of buses with defective brakes and engines, according to a Friday court filing.

  • March 17, 2017

    Sheller Urges Justices To OK Standing In FDA Risperdal Row

    Sheller PC has asked the U.S. Supreme Court to declare it has standing to sue the FDA, arguing it was injured when the agency denied a citizen petition aimed at forcing a Johnson & Johnson unit to publicize documents about its antipsychotic drug Risperdal, in a related suit over side effects in adolescent boys.

  • March 17, 2017

    La. Levee Board Asks 5th Circ. To Rethink Coastal Harm Suit

    A Louisiana state levee board on Friday asked the Fifth Circuit to reconsider its decision to uphold a lower court’s decision that tossed its multibillion-dollar suit against 88 energy companies including BP PLC, Chevron Corp. and ConocoPhillips Co. over alleged oil and gas drilling damage to coastal ecosystems.

  • March 17, 2017

    Jury Grapples With Murder Charges In Meningitis Outbreak

    Just a few hours into their deliberations, Massachusetts federal jurors made clear Friday afternoon that they were struggling with the same question regarding a 2012 meningitis outbreak that has lingered for 4 1/2 years: Was it negligence, or was it murder?

  • March 17, 2017

    9th Circ. Affirms Amgen Win In Late Off-Label Sales Row

    The Ninth Circuit on Thursday sealed a win for Amgen Inc. in a proposed class action alleging the company pushed off-label uses of anemia drug Aranesp, finding the suit was time-barred in part because the widow anchoring the case had been tied to an earlier, similar suit.

  • March 17, 2017

    Class Counsel Gets $167M In Fees In VW Emissions MDL

    A California federal judge on Friday granted $167 million in fees and $8 million in costs to the class counsel representing drivers of 2.0 liter Volkswagen diesel cars who reached a $10 billion deal with the German automaker in the massive litigation over its emissions scandal.

  • March 17, 2017

    Costco Shoppers Score Cert. In Supplement Labeling Suit

    A California federal judge on Thursday granted class certification in a suit alleging that NBTY Inc. and Costco Wholesale Corp. falsely touted a ginkgo biloba product as improving mental alertness and memory, concluding that the shoppers fulfill all the class requirements.

  • March 17, 2017

    Chemical Maker Loses Appeal Over Biodegradability Claims

    A Sixth Circuit panel on Thursday denied a petition to review a Federal Trade Commission allegation that a chemical maker's biodegradability claims about an additive it manufactures were deceptive, disagreeing with the company’s assertion that the commission’s decision was unsupported by substantial evidence.

  • March 16, 2017

    Mitsubishi, Mazda Join Call For Takata To Pay Air Bag Costs

    Mazda and Mitsubishi have joined Nissan in asking a Florida federal court to order Takata Corp. to reimburse the automakers for any costs they incur as a result of pending multidistrict litigation over Takata’s faulty air bag inflators, citing existing contractual obligations.

  • March 16, 2017

    Trump's Hiking Of FDA User Fees Unlikely To Speed Approvals

    Under the White House's 2018 budget, the fees collected by the U.S. Food and Drug Administration from companies to pay for reviewing drugs and medical devices will more than double, but attorneys say it's up in the air whether this will help achieve the president's goal of speeding up the approval process.

  • March 16, 2017

    Another Bellwether Drops Out Of Zimmer Knee Implant MDL

    Yet another case set to test the viability of Zimmer Inc.'s knee implants has been thrown out months before it was scheduled to go to trial, whittling what was once a massive multidistrict litigation to 300 cases after an Illinois federal judge tossed the latest bellwether on Thursday.

  • March 16, 2017

    9th Circ. Asked To Rethink Fee Award For Kraft Buyer Attys

    Lawyers who represented consumers in a suit over Kraft’s “sensible” snack labeling urged the Ninth Circuit on Wednesday to rethink affirming a pair of deeply discounted fee awards, arguing that the decision to dramatically reduce their requests with little to no explanation flouts precedent and undermines California rules.

Expert Analysis

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • When The Learned Intermediary Is A Physician's Assistant

    James Beck

    Does the learned intermediary rule apply to a physician’s assistant? Case law allows for nurses, veterinarians, physical therapists and possibly even hospitals to function as learned intermediaries, but is more ambiguous on physician's assistants. They may qualify under some circumstances, but practitioners should be aware that the legal implications could be a double-edged sword, says James Beck of Reed Smith LLP.

  • Defenses And Limits Of Calif. Consumer Protection Laws

    Jason E. Fellner

    California has numerous statutes regulating specific industries and laws designed to protect consumers from unlawful or misleading business practices. Specifically, California’s Unfair Competition Law and Consumers Legal Remedies Act can have an impact on the liability of a working professional, say Jason Fellner and Charles Bahlert of Murphy Pearson Bradley & Feeney.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Here Come The Drones — And The Legal Headaches

    Nathan Bohlander

    Unmanned aerial vehicles are being adapted for a myriad of commercial purposes, by a range of industries including entertainment, energy, farming, real estate, telecommunications, shipping and construction. But as drone usage proliferates, manufacturers and distributors must be cognizant of product liability risks, safety standards, technological developments, and changing insurance coverage requirements, says Nathan Bohlander of M... (continued)

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Less FDA Review May Boost Medical Device Plaintiff Awards

    Benjamin Lajoie

    Consumers harmed by medical devices often find themselves wronged but without relief, thanks to federal preemption. But President Donald Trump’s regulatory rollback could backfire against device manufacturers — and confer an unexpected benefit on plaintiffs — by weakening the U.S. Food and Drug Administration's oversight process and thus fortifying plaintiffs' state claims against federal preemption, says Benjamin Lajoie of Bailey & Glasser LLP.

  • Jurors In Toxic Tort Litigation Take Genetics Seriously

    David Schwartz

    Can jurors grasp the role of genetics in personal injury claims alleged to arise from exposure to specific chemicals? A recent asbestos trial featured a discussion of the plaintiff's genetic mutations as a factor in her mesothelioma. Trial lawyers should be thinking about how juries understand cancer, genetics and disease causation, say David Schwartz of Innovative Science Solutions and Kirk Hartley of LSP Group LLC.