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Product Liability

  • December 4, 2018

    TerraVia Says Investors' Stock-Drop Action Baseless

    Bankrupt algae-to-food developer TerraVia Holdings Inc. has asked a California federal court to dismiss a proposed stock-drop class action claiming the company concealed reports that consumers became ill after eating food containing its ingredients, saying there's no evidence its products caused the reactions.

  • December 4, 2018

    Tribes Can't Seek Info On Fed Contracts, IHS In Opioid MDL

    An Ohio federal judge on Tuesday refused nearly two dozen Indian tribes' request to conduct further discovery of federal contracts so they can avoid being treated disparately from government entities in an ongoing opioid multidistrict litigation, ruling that the court has already identified cases that discuss the tribes' legal issues.

  • December 4, 2018

    Pa. Justices Snub Appeal Over Jury's Role In Tree Fall Case

    Pennsylvania’s highest court said Tuesday that it would not hear an appeal of a decision that jurors be allowed to consider whether a man’s misuse of a safety harness that broke and sent him falling from a tree canceled out claims that the product came with faulty warnings and instructions.

  • December 4, 2018

    Anaheim Ducks' Arbitration Win Over Ex-Risk Manager OK'd

    A California appeals court affirmed an arbitration decision in favor of Anaheim Ducks Hockey Club LLC against a former risk manager for the team who alleged he'd been forced to resign, finding the declaratory relief given to the Ducks was proper and within the arbitrator's purview.

  • December 4, 2018

    Royal Caribbean Destroyed Storm Video, Audio: Passengers

    Passengers suing Royal Caribbean Cruises Ltd. in Florida federal court accused the cruise line on Monday of hiding or destroying video and audio recordings that would be valuable evidence in their proposed class action over injuries they allegedly suffered on a cruise that got caught in a hurricane-strength storm.

  • December 4, 2018

    FDA Issues Proposed Rule For Novel Medical Devices

    The U.S. Food and Drug Administration on Tuesday released a proposed rule aimed at updating the review process for novel, low- to moderate-risk medical devices before they enter the market that the agency says will clarify the process.

  • December 4, 2018

    Chicken Farm Can't Avoid Groups' Suit Over '100% Natural' Ad

    A California federal judge has denied an attempt by Sanderson Farms Inc. to dismiss a suit by a pair of nonprofits alleging its chicken is falsely labeled "100 percent natural," saying a revised complaint sufficiently backs the groups' claims that the company's marketing is deceptive.

  • December 4, 2018

    11th Circ. Revives Suit Over Protein Powder Labels

    Hi-Tech Pharmaceuticals Inc. will get another shot at rival supplement maker HBS International Corp. over the allegedly misleading labeling on its HexaPro protein powder mix, after the Eleventh Circuit on Tuesday reversed the dismissal of Hi-Tech's Lanham Act claims.

  • December 4, 2018

    Pa. Panel Questions Latest Bid To Ax Out-Of-State Mesh Suits

    A Pennsylvania appeals court panel raised doubts on Tuesday as to whether a Johnson & Johnson unit could challenge an order letting out-of-state plaintiffs pursue pelvic mesh claims in Philadelphia, given a prior ruling upholding an Indiana woman’s win in a mesh case.

  • December 4, 2018

    6 NECC Workers Had Role In Drug Fraud, Feds Say In Closing

    Prosecutors on Tuesday urged a jury after seven weeks of testimony to convict six former employees of the Massachusetts compounding pharmacy whose steroids sparked a deadly meningitis outbreak in 2012, saying they participated in a scheme to defraud federal regulators and ship out unsafe drugs to medical facilities around the country.

  • December 4, 2018

    Nissan Drivers Seek Class Cert. In Engine Defect Suit

    Car consumers asked a Massachusetts federal judge on Monday to certify five classes in a putative class action against Nissan Motor Co. Ltd. and its American arm, Nissan North America Inc., alleging that the automaker violated consumer protection and breach-of-warranty laws by concealing dangerous engine defects.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Shook Hardy Kicked Off Monster Energy False-Ad Suit

    A partner at Shook Hardy & Bacon LLP has been disqualified from representing Monster Energy Co. in a false advertising suit in California federal court against rival Vital Pharmaceuticals Inc. after a judge found that his past representation of the rival company was enough to kick him and the firm off the case.

  • December 4, 2018

    7th Circ. Revives Suit Over Defective Sports Tech

    A Seventh Circuit panel has salvaged a suit by a sports electronics company alleging its supplier sold it defective parts, saying that while five of the seven claims were rightfully barred, the fraud claims can proceed.

  • December 3, 2018

    NJ Jury Told Union Carbide Asbestos Gave Man Fatal Cancer

    A manufacturing plant worker's fatal mesothelioma was caused by thousands of pounds of asbestos Union Carbide supplied to his workplace, counsel for the man's widow told a New Jersey jury during Monday opening statements, while the chemical company countered there's no evidence the man actually used its asbestos.

  • December 3, 2018

    Travelers Can't Take Suspended Corp.'s Place In Defect Suit

    Travelers Property Casualty Co. of America can't sue an insulation company on behalf of developers covered by the insurer because the development companies had their corporate rights revoked after missing tax payments, a California state appeals court ruled Friday.

  • December 3, 2018

    New Orleans Port Hit With $10M Suit Over Oil Spill

    The Port of New Orleans was slapped with a $10 million lawsuit in federal court Monday by a Singaporean shipping company that claims a wharf’s poor design damaged a bulk carrier owned by the company and caused an oil spill.

  • December 3, 2018

    Atty Fighting Sanctions Says Lies Ignored In Insys Case

    An attorney for the billionaire founder of Insys Therapeutics filed documents in Boston federal court Monday to suggest that prosecutors believed a then-suspect who is now cooperating with prosecutors in the company's bribery case was lying to them in a 2016 proffer, but chose not to prosecute him for the lies.

  • December 3, 2018

    High Court Declines To Hear Ex-NHL Player Opioid Death Suit

    The U.S. Supreme Court on Monday refused to consider a wrongful death lawsuit by the parents of a National Hockey League player alleging his fatal overdose was the result of the league's promotion of violence and downplaying of the risks of head trauma.

  • December 3, 2018

    Walmart, 3 Pharma Cos. Sued Over Tainted Combo Drug

    Walmart and three pharmaceutical companies were hit with a proposed class action in Florida federal court Saturday alleging they contributed to the production and sale of contaminated batches of a drug used to treat high blood pressure and diabetes.

Expert Analysis

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • FDA Steps Up Its Focus On Medical Device Cybersecurity

    Michael Buchanan

    Last month, the U.S. Food and Drug Administration announced three new medical device cybersecurity initiatives, including an incident response playbook, a memorandum of agreement with the U.S. Department of Homeland Security and a draft guidance on premarket submissions. The agency is clearly taking device vulnerabilities more seriously than ever, say Michael Buchanan and Joshua Furman of Patterson Belknap Webb & Tyler LLP.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.

  • Opinion

    Defendants Can't Be Held To Impossible Discovery Standards

    Michelle Hart Yeary

    In a classic case of overreaching, plaintiffs in the Abilify multidistrict litigation recently sought sanctions against the defendant for not preserving emails from more than a decade before the start of the legal action. But their "everything plus the kitchen sink" approach couldn’t mask the lack of merit in any of their arguments, says Michelle Hart Yeary of Dechert LLP.