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Product Liability

  • November 1, 2018

    NECC Quality Control Manager Gives Combative Testimony

    The former head of quality control at the New England Compounding Center alternately fought back tears and sparred with a defense attorney Thursday during a tense day in Boston federal court, where a trial for six employees of the now-shuttered company whose moldy drugs sparked a national meningitis outbreak neared the end of its third week.

  • November 1, 2018

    Suit Accusing Coca-Cola Of False Diet Coke Ads Tossed

    A New York federal judge has dismissed a suit accusing The Coca-Cola Co. of false advertisements about Diet Coke, saying it’s not plausible for reasonable consumers to have believed that the soft drink would in itself lead to weight loss.  

  • November 1, 2018

    Brad Pitt Foundation Officers Want Out Of Leaky Homes Suit

    Former officers for a foundation launched by Brad Pitt that built homes in the aftermath of Hurricane Katrina told a Louisiana federal court on Wednesday that homeowners suing the foundation over allegations of defectively built homes have no standing to bring derivative claims against them.

  • October 31, 2018

    Families Of Duck Boat Victims Fight Operator's Bid To Nix Suit

    The estates of two of the 17 people killed when a duck boat sank in Missouri last summer urged a federal court Wednesday not to dismiss certain claims in their suit against tour operator Ripley Entertainment, saying they were properly pled.

  • October 31, 2018

    Groundskeeper Accepts Slashed $78M Roundup Award

    A school groundskeeper who alleged that Monsanto's Roundup weedkiller caused his lymphoma agreed to a reduced award of $78 million, down from a $289 million jury verdict he won against the agrochemical giant in August, in order to avoid a new trial in the landmark case.

  • October 31, 2018

    Machine Maker Wants Insurance Suit Over $40M Row Revived

    The Robbins Co. on Tuesday told the Sixth Circuit that an Ohio court’s ruling that an insurer does not need to cover a $40 million breach of contract action against the tunnel-boring machine maker was overly broad, urging the appeals court to reverse the decision.

  • October 31, 2018

    Ex-Players Say Brain Injuries Due To Riddell Helmet Design

    The maker of Riddell brand football helmets is facing a putative class action in Illinois federal court by former high school and college players claiming they sustained permanent brain injuries due to inadequate padding in the company’s helmets.

  • October 31, 2018

    BMW Must Face NJ Engine Defect Class Action

    A New Jersey federal judge ruled Tuesday that BMW must face most of a consolidated putative class action alleging it knowingly sold vehicles with defective chain assemblies that caused premature engine failure and profited off repairs not covered under warranty.

  • October 31, 2018

    Consumer Sent To Drawing Board On Tainted Drug Claims

    A consumer struck out Tuesday in his putative class action accusing Solco Healthcare and Huahai Pharmaceuticals of selling contaminated blood pressure medication, when a judge found he hadn’t demonstrated the case belonged in federal court.

  • October 31, 2018

    Residents Seek Atty DQ In Toxic Dumping Suit

    Homeowners accusing Meritor Inc., the Boeing Co., Rockwell Automation Inc. and Textron Inc. of property damage caused by the dumping of toxic chemicals near their homes sought Wednesday to disqualify Meritor’s lead counsel, saying they need to call him as a witness at trial.

  • October 31, 2018

    Weil Gotshal Lawyers' Tough Tactics Sealed J&J Talc Win

    Weil Gotshal & Manges LLP this month knocked out claims that a woman's alleged exposure to asbestos in Johnson & Johnson’s baby powder contributed to her mesothelioma, with firm attorneys taking a more aggressive stance than other counsel in prior cases by blasting the matter as a “sham” created by her lawyers.

  • October 31, 2018

    EPA Admin Judge Hits Defeat Device Co. With $4.2M Penalty

    An administrative law judge for the U.S. Environmental Protection Agency imposed a $4.2 million civil penalty on Spartan Diesel Technologies LLC on Tuesday, finding that the agency's penalty request was adequate given the gravity of the defeat device maker's alleged violations of the Clean Air Act.

  • October 31, 2018

    Pa. Appeals Court Upholds $2.5M Philly Risperdal Verdict

    The Pennsylvania Superior Court upheld a $2.5 million jury verdict Wednesday against Johnson & Johnson over allegations its antipsychotic drug Risperdal caused an Alabama boy with autism to grow breasts, and returned the case to a lower court to determine whether the family was entitled to punitive damages as well.

  • October 31, 2018

    Justice Alito Unrecuses Self From Merck's Fosamax Appeal

    U.S. Supreme Court Justice Samuel Alito has unrecused himself from Merck’s appeal of a Third Circuit decision that revived multidistrict litigation over the company’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • October 31, 2018

    If It's Vegan, It's Not Butter, Proposed Class Action Says

    A Long Island woman hit vegan creamery Miyoko's Kitchen with a proposed class action for fraud in New York federal court on Tuesday, calling the packaging of Miyoko's Cultured Vegan Butter an insidious attempt to "bask in dairy's halo" to the "detriment and impoverishment of plaintiff and class members."

  • October 31, 2018

    Boston Says Opioid Suit Is Purely A State Law Matter

    The city of Boston has asked a Massachusetts federal court to move its suit against opioid manufacturers and distributors back to state court, arguing there are no questions of federal law at play.

  • October 31, 2018

    Ohio Justices Save Notre Dame Player’s Brain Damage Claims

    The Supreme Court of Ohio ruled Wednesday that a former Notre Dame football player’s claims against the school and the NCAA for a “latent” brain injury stemming from when he played football can go forward, saying the statute of limitations was triggered when he learned of the brain injury in 2012, not when he suffered blows to the head in college in the 1970s.

  • October 31, 2018

    Juul Labs Gets Some Claims Tossed In E-Cig Labeling Suit

    A California federal judge has trimmed claims in a proposed class action against Juul Labs Inc. alleging it deceptively advertised the amount of nicotine in its e-cigarette products, ruling federal regulations preempt the users' claims the warning labels should have been more explicit about the potency of the nicotine mixture.

  • October 30, 2018

    Ocean Spray Can't Toss 'No Artificial Flavors' Label Suit

    A California federal judge refused Tuesday to throw out a proposed class action alleging that Ocean Spray Cranberries Inc.'s juice-based beverages falsely advertise they don't include any artificial flavors, saying there's a factual issue about whether the compounds involved act as flavors.

  • October 30, 2018

    4th Circ. Says Judge Can't Gag Parties In Hog Farm Trials

    The Fourth Circuit has held that a trial court can’t impose a gag order on a Smithfield Foods unit and the many North Carolina residents suing it over the feces and urine at its hog farms, ruling the order “hamstrung the exercise of First Amendment rights.”

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Missouri Asks, 'Where's The Beef?'

    Martha Charepoo

    A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • UK Product Liability Law In The Autonomous Vehicle Era

    Sarah Batley

    The United Kingdom is positioning itself as the go-to location to develop, test and drive automated vehicles, and has already enacted legislation to provide an insurance model for AVs. But it is not yet clear whether existing U.K. product liability law will be able to accommodate the challenges posed by this new technology, say attorneys with Jones Day.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.