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Product Liability

  • October 9, 2018

    High Court Won't Review NY Honeywell Cleanup Fight

    The U.S. Supreme Court on Tuesday declined to resurrect a suit by upstate New York residents against Honeywell International Inc. that accused the company of exposing them to “hazardous concentrations of toxic vapor” during a cleanup of Onondaga Lake.

  • October 9, 2018

    Starbucks Sued Over White Chocolate Energy Drink Labeling

    A New York Starbucks customer is suing the coffee chain in Manhattan federal court, claiming it has deliberately deceived customers by selling white chocolate-flavored energy drinks that do not contain white chocolate.

  • October 9, 2018

    Conn. Jury Hands Boehringer 3rd Straight Pradaxa Trial Win

    Boehringer Ingelheim Pharmaceuticals has won its third straight bellwether trial over the alleged bleeding risk of its blood thinner Pradaxa, after a Connecticut state jury rejected a man’s claims that the drug caused a life-threatening bout of internal bleeding.

  • October 5, 2018

    Stay Of Kids' Climate Suit Sought Pending High Court Review

    The U.S. government asked an Oregon federal judge Friday to stay a suit accusing federal agencies and the president of failing to protect future generations from the effects of climate change, saying it intends to ask the U.S. Supreme Court to dismiss the case because the district court is taking too long.

  • October 5, 2018

    Ohio County's Opioid Bellwether Gets OK From Magistrate

    An Ohio magistrate federal judge on Friday largely sided with an Ohio county bringing one of the bellwether suits in the massive opioid multidistrict litigation and recommended against tossing the bulk of its claims that pharmacies, opioid manufacturers and distributors fueled the opioid crisis.

  • October 5, 2018

    Outside Whistleblowers Key To $625M Amerisource FCA Deal

    AmerisourceBergen Corp.'s recent $625 million False Claims Act settlement stemmed in no small part from misconduct uncovered by whistleblowers outside the company, showing that anyone with glimpses of shady business practices may be able to stitch together a massive fraud case.

  • October 5, 2018

    Mercedes Drivers Seek Early Win In Transmission Defect Suit

    Two drivers suing Mercedes-Benz USA LLC in a proposed class action over faulty transmissions have asked a federal judge in California to find the company liable before trial, arguing the company’s own honored warranties prove it took blame for the defect.

  • October 5, 2018

    Westminster, CVS Sold Bad Thyroid Tablets, Class Suit Says

    Westminster Pharmaceuticals LLC and CVS Pharmacy Inc. were hit with a putative class action Friday in Florida federal court for selling thyroid medication that may have contained ingredients the U.S. Food and Drug Administration has found unfit for human consumption.

  • October 5, 2018

    6th Circ. Affirms Widow's Federal Black Lung Benefits

    The Sixth Circuit on Friday upheld an administrative law judge's finding that the operator of a coal-loading terminal owes black lung benefits to a worker’s widow, saying the terminal didn’t overcome the legal presumption that longtime coal workers have black lung.

  • October 5, 2018

    Tobacco Warning Labels Ready By 2021 At Earliest, FDA Says

    The U.S. Food and Drug Administration said in court documents Friday the earliest it can finish revamping tobacco warning labels is summer 2021, explaining the government can't rush building an arsenal of research and public input on graphic, full-color warnings that Big Tobacco already once derailed.

  • October 5, 2018

    Cancer Widow Seeks $27M From Tobacco, Auto Parts Cos.

    R.J. Reynolds, Philip Morris and an auto parts company should pay $27 million in damages for selling cigarettes and asbestos-laden brakes that combined to cause a man’s fatal lung cancer, counsel for the man’s widow told a Boston jury Friday during closing arguments.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

    Mining Co. Says No Class Cert. In Brazil Dam Collapse Case

    A Brazilian mining company has told a New York federal court a securities fraud putative class action brought by investors over statements made before and after a dam collapse in Brazil that killed 19 people should not be certified, saying that resolving the lead plaintiffs' claims won't produce common answers.

  • October 5, 2018

    Allergan's Sanctions Bill 'Unreasonable,' Imprimis Says

    The "unreasonable and excessive" fees Allergan USA Inc. is requesting from Imprimis Pharmaceuticals Inc. for that company's failure to comply with discovery orders in a closely watched false advertising suit came from having “overstaffed and over-worked” a simple sanctions motion, the compounding company told a California federal court.

  • October 5, 2018

    3rd Circ. Puts Chem Co. On Hook For Past Cleanup Costs

    The Third Circuit has found that current owners of contaminated properties can be held liable for prior environmental remediation costs, handing a victory Friday to the commonwealth of Pennsylvania in its $900,000 cleanup row with a chemical company.

  • October 5, 2018

    King & Spalding Adds Litigation Pro In Texas

    King & Spalding LLP has brought on in its Austin, Texas, office a former name partner from what is now Crowe Arnold & Majors LLP with experience handling major product liability and business litigation cases.

  • October 5, 2018

    Apple Wants To Hang Up FaceTime Failure Suit

    Apple Inc. has urged a California federal court to toss a consumer class action alleging the tech giant intentionally broke the FaceTime video chat service on older iPhones, arguing iPhone 4 customers didn't adequately back up their damages claims and were improperly suing over the company's design choices.

  • October 5, 2018

    Accutane Ruling Raises Bar For Garden State Labeling Claims

    The New Jersey Supreme Court has raised the bar for proving false labeling claims against drug and device companies in the Garden State with a ruling that ended more than 500 cases alleging F. Hoffmann-LaRoche Inc. didn’t adequately warn of possible gastrointestinal side effects from its acne drug Accutane.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 5, 2018

    Asbestos Firm, Insurers Reach Deal In Payback Suit

    National asbestos law firm Shrader & Associates LLP and three health insurers have reached a deal in a suit claiming the firm failed to pay the companies money out of its clients’ asbestos settlement funds, a Texas federal judge has said.

Expert Analysis

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • LED Bulb Case Shines Light On FTC Enforcement

    Terri Seligman

    Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • The EPA Isn’t Putting Asbestos Back Into Buildings

    Andrew Knudsen

    This summer, the U.S. Environmental Protection Agency sparked public outrage with its proposed "significant new use" rule addressing certain commercial uses of asbestos. But the EPA’s proposed action would actually impose substantial new prohibitions on the listed uses of asbestos — which currently are not regulated by the EPA at all, says Andrew Knudsen of Hunton Andrews Kurth LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.