Product Liability

  • February 10, 2017

    Talc Lobbyists Stymied Carcinogen Classification, Jury Hears

    Talcum powder lobbyists' determination to “derail” regulators en route to classifying it as a carcinogen in 2000 paid off, jurors in a Missouri courtroom were told Friday, on the first day of testimony over the alleged link between Johnson & Johnson baby powder and ovarian cancer.

  • February 10, 2017

    3M Can't Duck Enviro's Tennessee River Pollution Suit

    An Alabama federal judge rejected 3M Co.'s bid Friday to duck an environmental group's lawsuit alleging one of its largest manufacturing plants has been discharging hazardous and solid waste containing chemicals that do not break down easily and that are linked to cancer into the Tennessee River.

  • February 10, 2017

    LG Hid 'Bootloop' Defect On Smartphones, Consumers Say

    LG Electronics USA Inc. is facing a putative class action filed in California federal court Wednesday that says it failed to warn consumers about “bootlooping” defects, or random restarting and freezing, of its V10 smartphones.

  • February 10, 2017

    Ken-Tool Hit With False Ad Suit Over 'Short' Tire Irons

    An Illinois resident filed a putative class action in state court Thursday alleging Ken-Tool Company sold tire irons that are shorter than advertised, therefore depriving customers of the torque they thought they would be getting out of the tools.

  • February 10, 2017

    Ethicon Asks 4th Circ. To Rethink $3M Pelvic Mesh Verdict

    Johnson & Johnson subsidiary Ethicon Inc. on Thursday urged the Fourth Circuit to review its recent decision upholding a $3.27 million jury verdict over its allegedly harmful transvaginal pelvic mesh implants, arguing that it could bring chaos to the circuit.

  • February 10, 2017

    Fresenius Doctor Grilled Over Label On Dialysis Drug

    An attorney for a diabetes patient's next of kin who blame Fresenius Medical Care for his 2012 death questioned the man's doctor Friday about the label of dialysis drug NaturaLyte, suggesting that the company mislabeled it, didn't give the doctor enough training on how to use it and didn’t warn anyone about possible deadly confusion.

  • February 10, 2017

    GSK Moves To Cut Willfulness From Reed Smith Suicide Trial

    GlaxoSmithKline PLC pressed an Illinois federal judge to cut claims of wanton and willful conduct from a case implicating the drugmaker in a former Reed Smith LLP partner's suicide, saying Thursday that GSK had no time to prepare a defense against the last-minute allegations before trial next month.

  • February 10, 2017

    6 Cos. To Pay $4.9M To Clean Up NY Hazardous Waste Site

    The U.S. Environmental Protection Agency submitted a pair of consent decrees in New York federal court on Friday collectively binding six companies to pay about $4.9 million total to the agency in connection with the cleanup of a site plagued by hazardous waste.

  • February 10, 2017

    FDA Warns Of Potential Obesity Stomach Balloon Issues

    The U.S. Food and Drug Administration warned health care providers Thursday that it received reports of two different problems with fluid-filled balloons placed in patients’ stomachs to treat obesity, with neither complication currently listed as a potential issue on the device’s labeling.

  • February 10, 2017

    Gourmet Food Co. Hit With Suit Over Underfilled Popcorn Tins

    Gourmet food gift maker Harry & David LLC was hit with a consumer protection lawsuit in New York federal court on Friday alleging that the company's popcorn tins were deceptively underfilled in violation of the Federal Food, Drug and Cosmetic Act.

  • February 10, 2017

    European Parliament Floats Tougher Car Testing Rules

    A European Parliament committee on Thursday voted to overhaul the bloc’s rules for safety and environmental testing of cars and strengthen the bloc’s oversight of vehicles already on the road, in an effort aimed at avoiding a repeat of the Volkswagen emissions cheating scandal.

  • February 10, 2017

    Philly Collapse Victims Jumped Hurdle Of State Liability Law

    Wednesday’s record-setting $227 million settlement ending the civil trial over a 2013 fatal building collapse in Philadelphia was hastened by a harsh jury verdict that helped defang a 2011 liability reform statute that has hit plaintiffs hardest by limiting their avenues for collecting damages.

  • February 10, 2017

    Insurer Can Sue For Injured Worker, Pa. Panel Says

    A Pennsylvania appeals court ruled in a published decision Friday that an insurer correctly followed new state legal precedent in a subrogation action the company launched to recover medical and wage benefits paid to a woman who was struck by a vehicle on a rental-car lot.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    5th Circ. Won't Review Auto Parts Store's BP Relief Bid

    A Louisiana federal court was within its right not to review whether an unnamed auto parts and accessories store can pass itself off as a tourism business when seeking relief from settlements tied to BP PLC’s Deepwater Horizon oil spill, the Fifth Circuit ruled Thursday.

  • February 9, 2017

    Nissan Can't Shake Hair-Trigger Air Bag Class Action

    A California judge on Thursday tentatively rejected Nissan North America’s bid to dismiss a putative class action alleging the automaker hid a defect that causes Nissan Frontier side air bags to deploy unnecessarily, holding a majority of the suit's claims are properly alleged.

  • February 9, 2017

    Marlboro Addiction Controlled Refugee's Life, Jury Hears

    A Cuban refugee who fled to Miami and began a 14-year love affair with Marlboro cigarettes said Thursday that their maker, Philip Morris, is to blame for the lung cancer she survived after having one lung removed.

  • February 9, 2017

    Wash. High Court Says Intuitive Had Duty To Warn Hospital

    Washington state’s high court ruled Thursday that manufacturers must warn those who buy their products about related risks, vacating a jury verdict that Intuitive Surgical Inc. previously won in a case over a botched surgery that contributed to a man’s death.

  • February 9, 2017

    J&J Hid Talc Risk For 'Love Of Money,' Jury Hears

    The latest trial in the closely watched talc litigation against Johnson & Johnson kicked off Thursday in a St. Louis courtroom where a plaintiffs’ attorney said the company’s “love of money result[ed] in all manner of evil” for women who used its baby powder.

  • February 9, 2017

    Former Sutherland Partners Open Their Own Firm In Houston

    Two former Sutherland Asbill & Brennan LLP senior partners announced Thursday they have opened their own firm in Houston, Johnson Garcia LLP, that will exclusively focus on the recovery of damages for businesses and individuals in complex business and personal injury disputes.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.