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Product Liability

  • June 14, 2018

    5th Circ. Urged To Revive Wrongful Death Insurance Row

    Indian Harbor Insurance Co. on Wednesday asked the Fifth Circuit to overturn a lower court’s ruling releasing Gray Insurance Co. from its duty to defend in a wrongful death suit after it reached an agreement with the survivors, saying the agreement didn’t end the suit.

  • June 14, 2018

    J&J Talc Customer Paid For Risky Product, 3rd Circ. Told

    A Johnson & Johnson customer urged the Third Circuit on Thursday to revive her putative class action over the alleged health hazard associated with the company’s talc-based baby powder, arguing she wouldn’t have purchased the product had she known it could raise her chances of getting ovarian cancer.

  • June 14, 2018

    McKesson Tries To Keep Tribal Opioid Suit In Federal Court

    McKesson Corp. has urged a California federal court not to send the Round Valley Indian Tribes’ suit accusing the company and others of helping create the nation’s opioid crisis back to California state court, making arguments similar to those in various other cases brought by tribes.

  • June 14, 2018

    AbbVie Wins 5th Bellwether In Testosterone MDL

    An Illinois federal jury found for AbbVie Inc. on Thursday in a trial over claims its drug AndroGel caused a man’s deep vein thrombosis, handing the company a win in the fifth bellwether trial in the testosterone replacement therapy multidistrict litigation.

  • June 13, 2018

    NCAA Kept Brain Injury Risk Quiet For Decades, Jury Told

    The NCAA has known since the 1930s that football could lead to brain damage, counsel for the widow of a former University of Texas defensive lineman who had chronic traumatic encephalopathy told a Dallas jury during Wednesday opening statements in the first-ever trial concerning the NCAA’s alleged responsibility for a football player’s CTE.

  • June 13, 2018

    Dr Pepper Fights Class Cert. Bid In Ginger Ale False Ad Row

    Dr Pepper Snapple Group Inc. urged a California federal judge Wednesday to deny certification to a putative class of Canada Dry ginger ale purchasers, arguing there’s no common claim that its “Made from Real Ginger” label is misleading because consumers don’t agree on what that statement should mean.

  • June 13, 2018

    J&J Gets $70M Punitives Slashed In Surgical Stapler Case

    A California appeals court on Wednesday slashed a $70 million punitive damages award to $19.6 million in a suit alleging a Johnson & Johnson unit’s defective surgical stapler and a doctor’s negligence caused a woman’s anus to be stapled shut during hemorrhoid surgery, saying the award was excessive.

  • June 13, 2018

    DEA, Media Poised For Battle Over Opioid MDL Data Access

    The Ohio federal judge supervising multidistrict litigation over the opioid crisis set the stage Wednesday for an epic showdown over media access to secret data on painkiller sales — access that the U.S. Drug Enforcement Administration says could have perilous repercussions.

  • June 13, 2018

    9th Circ. Upholds First Solar Win In Derivative Suit

    In a published opinion Wednesday, a Ninth Circuit panel affirmed the dismissal of a derivative shareholder suit against First Solar Inc. over allegations that some of its corporate officers approved documents concealing the existence of defects in company-made solar panels, finding the investors did not show demand futility.

  • June 13, 2018

    Volkswagen Fined €1B In Germany Over Emissions Scandal

    Volkswagen AG said Wednesday that German authorities have fined it €1 billion, or $1.18 billion, marking the latest repercussion for its emissions-cheating scandal first disclosed in late 2015.

  • June 13, 2018

    New GM Questions Scope Of Ch. 11 Defect Deal

    General Motors LLC is questioning whether a proposed bankruptcy court settlement over legacy ignition switch lawsuits could possibly cover a proposed class of 11.4 million people and cost the carmaker $1 billion in new stock even though only a few hundred individuals have filed Chapter 11 claims.

  • June 13, 2018

    Nutraceutical Appeals Enviros’ Fees In Suit It Calls Moot

    Supplements-maker Nutraceutical Corp. told a California appellate court Wednesday it shouldn’t have to pay an environmental group’s attorneys’ fees in a suit alleging its products fail to comply with the state’s toxic substances warning law, saying the company fixed the issue before the suit was even filed.

  • June 13, 2018

    ​​​Feds Urged To Steer Autonomous Vehicle Infrastructure

    Local transportation agency chiefs and researchers told a U.S. Senate panel Wednesday that the federal government’s lead on coordinating investment and fine-tuning regulations will be crucial to getting the nation’s highway infrastructure ready for connected and autonomous vehicles.

  • June 13, 2018

    FAA Whistleblower Sparks Probe Of Noncompliant Planes

    The U.S. Office of Special Counsel revealed Wednesday that in response to a whistleblower report, the Federal Aviation Administration is checking the records of more than 11,000 aircraft that may be out of compliance with safety rules or improperly registered.

  • June 13, 2018

    5th Circ. Rejects Pill Mill Doc's Challenge To 5-Year Sentence

    A Fifth Circuit panel has upheld the five-year prison sentence given to a Houston doctor who was convicted on 19 counts related to running a pill mill that handed out more than 11,000 prescriptions for oxycodone over a seven-year period, rejecting his arguments that there were a lack of evidence and other flaws in the prosecution’s case. 

  • June 13, 2018

    Judge Unsure NY Climate Suit Can Exist Outside Federal Law

    A federal judge on Wednesday pressed lawyers on both sides of New York City's climate change suit against Big Oil on whether the case concerns the companies' greenhouse gas-emitting products or the emissions themselves, which could determine whether the Big Apple's claims are displaced by federal regulation.

  • June 13, 2018

    Rafting Center Designer Can't Duck Suit Over Infection Death

    A North Carolina federal judge on Tuesday refused to let an architectural firm involved in the design of a rafting center out of a lawsuit over a fatal infection allegedly contracted from the center's water, saying the state's statutes of repose do not apply to losses from disease.

  • June 13, 2018

    Consumer Group Can't Revive Calif. Organic Formula Suit

    A California appeals court upheld the dismissal of the Organic Consumers Association’s suit alleging Jessica Alba’s The Honest Co. Inc. misrepresents that its baby formula is organic, reiterating that the state-law claim is preempted by the formula’s federal organic certification.

  • June 13, 2018

    California Stuck With Order Barring Glyphosate Warning

    A California federal judge denied the California attorney general's request to rethink his refusal to require Monsanto and several farming associations to warn that the chemical glyphosate might cause cancer because doing so would violate their First Amendment rights.

  • June 12, 2018

    J&J Secretly Funded Talc Study, Atty Claims

    Johnson & Johnson secretly funded research that found talcum powder does not cause ovarian cancer through the law firm of Crowell & Moring LLP, an attorney for 22 women suing the pharma conglomerate told a St. Louis jury Tuesday.

Expert Analysis

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.