Product Liability

  • July 17, 2017

    Chinese Co. Slams Sharp’s Tactics In Quality Claims Row

    A Chinese state-owned electronics manufacturer urged a California federal court Friday to hold on to a lawsuit brought by Sharp Corp. accusing it of misrepresenting the quality of certain Sharp-branded televisions, arguing Sharp is trying to use gamesmanship to bad-mouth the company into dropping its contract.

  • July 17, 2017

    Venable Adds Ex-Pfizer Lawyer To FDA Practice In DC Office

    Venable LLP has added a former in-house lawyer from Pfizer as a partner in its food and drug law practice in Washington, D.C., where he’ll focus on matters associated with government regulation of medicinal and nutritional products, the firm said Monday.

  • July 17, 2017

    Ford Trucks Sold With Incompatible Jacks, Suit Says

    Ford Motor Co. has been hit with a proposed class action in Oklahoma federal court that alleges the car maker sold sports vehicles with car jacks that are too small to fit their lifted trucks, so that car owners are unable to perform routine tire changes.

  • July 17, 2017

    VW Emissions Suits Not Preempted, NJ Appeals Court Says

    Volkswagen lost its bid to toss two consumer fraud lawsuits against the automaker over its emissions cheating scandal on Monday when a New Jersey appeals court rejected the company's argument that the federal Clean Air Act preempts such state court actions.

  • July 17, 2017

    FDA Rejects Amgen Osteoporosis Drug, Asks For Safety Info

    Amgen and Belgian drug manufacturer UCB on Sunday said that the U.S. Food and Drug Administration had rejected its drug for treating osteoporosis in postmenopausal women, citing safety concerns and that it wants to see more data from clinical trials.

  • July 17, 2017

    Feds Can Revive Some FCA Claims Over Faulty Body Armor

    A D.C. federal judge on Friday restored government claims trimmed two years ago from a False Claims Act suit against the materials supplier of a now-defunct bulletproof vest maker, saying the prior judge had failed to look at evidence the government would not have bought the vests if it knew of unfavorable test results.

  • July 17, 2017

    Rising Star: King & Spalding's Meredith Redwine

    From the inception of her career at King & Spalding LLP, Meredith Redwine has played an integral part in a team representing GlaxoSmithKline in scores of cases alleging the company's Paxil antidepressant has caused birth defects and other injuries, landing her a spot among the five product liability practitioners under 40 honored by Law360 as Rising Stars.

  • July 17, 2017

    Consumers Rip Ford Dismissal Bid In Shelby Defect Suit

    Car buyers on Friday urged a Florida federal judge to reject Ford Motor Co.’s attempt to blame drivers instead of owning up to putative class claims that it knowingly sold certain defective 2016 Shelby Mustangs that weren’t the “track-ready” iconic race cars the automaker marketed them as.

  • July 17, 2017

    Advocacy Group Loses Challenge Of Used-Car Safety Orders

    An automobile safety advocacy group lost its case challenging the Federal Trade Commission’s December settlement with General Motors and others over used-car safety certifications, when the D.C. Circuit ruled Friday that the group doesn’t have the authority to fight the FTC’s order.

  • July 17, 2017

    Ex-Mich. DEQ Director Can't Escape Flint Residents' Claims

    The former director of Michigan’s Department of Environmental Quality can’t escape a lawsuit lodging constitutional claims against him for his alleged role in Flint’s water contamination crisis because he hasn’t presented fresh arguments as to why he should receive immunity, a Michigan federal judge said Friday.

  • July 17, 2017

    J&J Escapes Suit Over Talc-Based Baby Powder

    A New Jersey federal judge tossed a proposed class action alleging Johnson & Johnson didn’t disclose that its talc-based baby powder could contribute to a higher risk of ovarian cancer, saying the customer failed to prove that she suffered or will suffer an injury from the product.

  • July 17, 2017

    Wrigley Sues Over 'Doublemint' E-Cigarette Liquid

    Candy giant Wm. Wrigley Jr. Co. has filed a trademark lawsuit over electronic cigarette liquids that mimic “Doublemint” and “Juicy Fruit,” citing a “growing concern” that flavored e-cigarettes are harmfully marketed toward children.

  • July 14, 2017

    Rising Star: Goldman Ismail's Jennifer Greenblatt

    The work of Goldman Ismail Tomaselli Brennan & Baum LLP's Jennifer Greenblatt in securing wins on behalf of Merck in litigation over its osteoporosis drug Fosamax — including cases involving allegations of bone disease of the jaw and that the drug caused femoral fractures — landed her a spot as one of five product liability attorneys under 40 honored by Law360 as Rising Stars.

  • July 14, 2017

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2017, our list of 156 attorneys under 40 whose legal accomplishments transcend their age.

  • July 14, 2017

    Ariz. Driver Rests Case In GM Ignition-Switch Bellwether

    An Arizona man who says a defective General Motors ignition switch made him hit another car rested his bellwether case in New York federal court on Friday, shortly after presenting an accident reconstructionist who said the car would have stopped sooner without the alleged defect.

  • July 14, 2017

    AbbVie Needed To Study Heart Impact Of AndroGel, Jury Told

    An expert on pharmaceutical regulation testifying in a trial against AbbVie Inc. over testosterone therapy drug AndroGel told an Illinois federal jury Friday that there was enough evidence of a connection between the drug and heart attacks to warrant further testing and an updated label.

  • July 14, 2017

    BCBS Units Sue Insys Over Off-Label Fentanyl Rx Scheme

    Several Blue Cross Blue Shield Association units have accused Insys Therapeutics Inc. in Arizona federal court of bribing physicians to write off-label prescriptions for its Fentanyl spray, causing the insurers to shell out millions of dollars in unnecessary reimbursements.

  • July 14, 2017

    Non-Missourians Kicked Out Of Bayer Essure Suit

    A Missouri federal judge on Friday said the vast majority of women suing Bayer Corp. for allegedly hiding safety concerns for the birth control device Essure couldn’t sue in Missouri federal court, as they didn’t meet jurisdictional requirements.

  • July 14, 2017

    Honda To Recall 2.1M Accords Over Risk Of Battery Fire

    Honda Motor Co. is recalling about 2.1 million vehicles worldwide due to a possible fire risk associated with 12-volt battery sensors in 2013-16 Honda Accords, the company said Friday.

  • July 14, 2017

    ETP Demolished Historic House Near Pipeline, FERC Says

    Energy Transfer Partners LP told the Federal Energy Regulatory Commission it wouldn’t harm a historic building while constructing its $4.2 billion Rover pipeline project, then bought it and demolished it without informing the commission, FERC said Thursday.

Expert Analysis

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Microsoft V. Baker Slams The Back Door On Rule 23(f)

    Alexandra Laks

    The U.S. Supreme Court's recent decision in Microsoft v. Baker affirmed that a plaintiff denied class-action certification and Rule 23(f) permission to appeal cannot create an appealable “final judgment” by voluntarily dismissing his or her claims with prejudice. This removes a powerful weapon in plaintiffs counsel’s arsenal, say Alexandra Laks and Claudia Vetesi of Morrison & Foerster LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • The Road To Standardizing Food Safety And Quality Dates

    Michael Cromwell

    A lack of clear federal regulatory guidance on the quality and safety of food is one primary reason food waste is such a chronic problem in the U.S. Another is fear of liability. But potential solutions exist, both in the form of proposed legislative reform and current legislation, as well as voluntary standards developed by the food industry, says Michael Cromwell of Womble Carlyle Sandridge & Rice LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Senate Bill May Force Rise In Suits For Opioid Funding

    Adam Fleischer

    As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.

  • Why We Must Teach Self-Driving Cars How To Crash

    Todd Benoff

    The National Highway Traffic Safety Administration’s policy on automated vehicles has sparked debate on a number of issues, but one remains unaddressed: How should self-driving cars make ethical decisions when an accident is unavoidable? The data shows that how moral algorithms are (or are not) regulated could impact the acceptance of driverless vehicles, says Todd Benoff of Alston & Bird LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.