Product Liability

  • May 10, 2018

    Firms Ask To Consolidate NJ Zostavax Suits Against Merck

    Two law firms representing hundreds of patients who allegedly suffered serious injuries after using Merck & Co. Inc.’s shingles vaccine Zostavax have asked the New Jersey Supreme Court to give the cases a multicounty litigation designation, according to a notice to the bar.

  • May 10, 2018

    NFL Teams Tell 9th Circ. RICO Painkiller Claim Is Too Old

    National Football League teams told the Ninth Circuit on Wednesday former players can’t revive their Racketeering Influenced and Corrupt Organizations claim alleging the teams encouraged painkiller abuse because the athletes knew of their alleged injuries about a decade before bringing the claim.

  • May 10, 2018

    Pomerantz, Shapiro Seek $5M Fees For $18M Aveo Stock Deal

    New York-based law firm Pomerantz LLP and Boston firm Shapiro Haber & Urmy LLP asked a Massachusetts federal judge late Wednesday to approve a $5 million fee request after representing investors in a twice-dismissed stock drop suit against Aveo Pharmaceuticals Inc. that ended in an $18 million deal.

  • May 9, 2018

    Man Stole Friend's Warhol Prints, Sold Fakes, Feds Say

    Federal agents on Wednesday arrested a Massachusetts resident they believe stole several pieces of acclaimed artwork from a friend in South Korea, including two Andy Warhol silkscreen prints, then copied and sold them in a heist that culminated in one count of wire fraud in Massachusetts federal court.

  • May 9, 2018

    DOJ Sues To Stop Clinics' Unapproved Stem Cell Treatments

    The U.S. Department of Justice is seeking to enjoin clinics that it says are advertising stem cell treatments without approval from the U.S. Food and Drug Administration, hitting them with lawsuits in California and Florida federal court Wednesday.

  • May 9, 2018

    Attys Brawl Over Hospital Choice For Opioid MDL Bellwether

    Plaintiffs’ attorneys in multidistrict litigation over the opioid crisis are alleging shady maneuvering and conflicts of interest as they vie to represent hospitals in a bellwether case, according to a filing on Wednesday in Ohio federal court.

  • May 9, 2018

    DuPont Gets $7M Leukemia Liability Award Tossed

    A Texas state appellate court has overturned a $7 million jury award to an industrial painter who claimed his leukemia was caused by exposure to a chemical found in paint and thinners manufactured by DuPont Co., ruling the patient’s experts did not base their testimony on reliable evidence.

  • May 9, 2018

    Family Dollar Escapes Aloe Vera Labeling Suit, For Now

    Family Dollar Inc. temporarily escaped a proposed class action alleging it violated consumer protection laws by selling an aloe vera gel that didn’t contain the plant’s active ingredient after an Illinois federal judge ruled Tuesday the company might not have known about the defect.

  • May 9, 2018

    Court Asked To Force Investment Firms To Repay Ex-NFLers

    Counsel for the class in the National Football League’s uncapped concussion settlement Tuesday asked a Pennsylvania federal court for sanctions against a group of related financial firms they say have failed to account for funds invested by class members.

  • May 9, 2018

    Thoratec Investors Win Cert. In Revived Stock-Drop Suit

    A group of Thoratec Corp. shareholders won class certification Tuesday in a recently revived suit claiming the medical device company hid risks linked to its heart devices, as a California federal judge concluded the company made material misrepresentations that could have reasonably misled investors.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    DOT Picks Expanded Drone Ops Test Sites, Mulls New Rules

    The U.S. Department of Transportation on Wednesday picked 10 sites in Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee to test expanded drone operations, including package-delivery and nighttime flights, and is considering additional new rules for drones.

  • May 9, 2018

    RJ Reynolds Seeks To Undo Punitives In $11.5M Award

    R.J. Reynolds asked a Florida appeals court Wednesday for a new trial in a case that resulted in an $11.5 million award for the relatives of a nurse who died of lung cancer, arguing that the instructions to the jury regarding how they could determine entitlement to punitive damages gave the jurors an erroneous impression.

  • May 9, 2018

    Pa. Court Grapples With Proof Behind $1M Fracking Fine

    As part of an ongoing dispute over a $1.1 million fine levied against an EQT Corp. unit for hydraulic fracturing fluid that leaked from an in-ground impoundment, a Pennsylvania appeals court wrestled during oral arguments on Wednesday over how to prove whether soil-bound contaminants had moved into groundwater.

  • May 9, 2018

    Starbucks Fails To Sway Judge In Calif. Cancer Warning Case

    Starbucks and other companies in the coffee business will likely have to put up public cancer warnings in California, after a state judge ruled that their experts had failed to convince him that java should be exempted from a controversial state notification law.

  • May 9, 2018

    Patients Paid When Takeda Hid Actos Cancer Risks, Suit Says

    The mass of litigation accusing Takeda Pharmaceuticals America Inc. of hiding that its diabetes drug Actos causes bladder cancer continued to grow Tuesday, with a new potential class action in California federal court filed by patients hoping to recoup the money they paid for the “inefficacious and dangerous” drug.

  • May 9, 2018

    $117M Verdicts In J&J Talc Case Must Stand, Couple Says

    A husband and wife have called on a New Jersey state court to uphold their trial victories totaling $117 million in damages against Johnson & Johnson and its talc supplier, saying they established that the man’s exposure to the pharmaceutical giant’s asbestos-containing talcum powder played a substantial role in causing his mesothelioma.

  • May 9, 2018

    Neb. Tribes Sue Pharma Cos. Over 'Havoc' From Opioid Crisis

    Three Nebraska tribes accused Purdue Pharma LP, McKesson Corp. and other opioid manufacturers and distributors in federal court Tuesday of allowing their drugs to be diverted into and wreak "havoc" on tribal communities, adding to the growing number of cases against pharmaceutical companies over the opioid epidemic.

  • May 9, 2018

    Snowboarder's Injury Suit Against Pa. Resort Sent To Trial

    A Pennsylvania federal judge has found a trial is necessary in a suit accusing Big Boulder of negligence in a snowboarder's accident, saying there are questions of where personal responsibility ended for the snowboarder and where negligence — if there was any — began for the resort.

  • May 9, 2018

    Titan Of The Plaintiffs Bar: Hagens Berman's Steve Berman

    Hagens Berman Sobol Shapiro LLP’s Steve Berman helped secure a $1.67 billion payout for dealers over Volkswagen’s emissions cheating scandal and a $209 million settlement for student-athletes suing the NCAA over its limits on compensation for living expenses, earning him a place as one of Law360’s 2018 Titans of the Plaintiffs Bar.

Expert Analysis

  • Aviation Watch: The Rise Of The Dreamliner

    Alan Hoffman

    The 787 Dreamliner's lithium batteries experienced multiple thermal runaway events soon after the plane went into service. But the manufacturer, the FAA, the NTSB and the airlines worked together to quickly and effectively solve the problem. Five years later, the 787 has compiled an admirable operational record, and Boeing continues to receive new orders, says Alan Hoffman, a retired attorney and private pilot.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Food Advertising: Don’t Wing It, Or You Will Face The Heat

    Steven Steinborn

    Companies can’t always take preemptive action to avoid every potential false advertising lawsuit. But a New York federal court's recent decision in Borenkoff v. Buffalo Wild Wings demonstrates that effective marketing and minimizing risk are entirely compatible objectives, say attorneys with Hogan Lovells.

  • What Makes CPSC's Polaris Settlement Special

    Heather Bramble

    For members of industry, consumer advocates and those worried about partisan deadlock, the recent settlement between Polaris Industries and the U.S. Consumer Product Safety Commission may provide some faith in how the CPSC fulfills its important mission to keep consumers safe, says Heather Capell Bramble of Venable LLP.