Product Liability

  • April 16, 2018

    Construction Co. Can't Arbitrate Homeowner's Defect Suit

    A Washington, D.C., homeowner doesn't have to arbitrate his defect case against a construction company and its owners after they failed to invoke their contractual right to arbitration in a timely manner, a D.C. Circuit panel ruled Monday.

  • April 16, 2018

    Justices Refuse To Weigh Remand Of Flint Water Crisis Suit

    The U.S. Supreme Court on Monday said it will not review a Sixth Circuit ruling directing that a proposed class action Flint residents brought against Michigan environmental officials over the water crisis there be returned to state court.

  • April 16, 2018

    J&J Won't Get High Court Look At FCA 'Particularity' Rule

    The U.S. Supreme Court declined Monday to review the First Circuit's revival of a False Claims Act case against Johnson & Johnson, once again punting on the long-simmering issue of how precisely FCA suits must describe fraudulent billing.

  • April 16, 2018

    Electrolux Again Wins Trim Of Overheating-Oven Suit

    A California federal judge on Friday tossed for a second time claims of violations of California consumer protection laws from a proposed class accusing Electrolux Home Products Inc. of manufacturing faulty ovens, finding consumers didn’t demonstrate they saw any misrepresentations about the oven before purchasing it.

  • April 16, 2018

    Supreme Court Seeks Gov't View Of Gilead FCA Case

    The U.S. Supreme Court on Monday called for the Trump administration’s views in a major False Claims Act case involving Gilead Sciences Inc., suggesting that the high court may soon revisit its landmark Escobar decision.

  • April 13, 2018

    Law360 Reveals 400 Largest US Firms

    The annual Law360 400 ranks the largest U.S.-based law firms and vereins with a U.S. component by domestic attorney headcount.

  • April 13, 2018

    How 5 Firms Grew Without Merging

    These firms saw double-digit growth in 2017 — one hire at a time. Here, their leaders tell Law360 of their varied approaches to attracting top talent.

  • April 13, 2018

    Megafirms Find New Heights In Grounded Market

    The biggest of BigLaw are widening the gap between themselves and their rivals, as firms of all sizes grapple with fluctuating demand and seek out their place in the legal landscape.

  • April 13, 2018

    NFL Wants Probe Of 'Fraud' In Concussion Settlement

    The National Football League wants a special investigator to look into “widespread fraud” allegedly “clogging the system” of the landmark $1 billion concussion settlement and preventing truly injured players from getting paid, a request that comes just weeks after an upstart law firm blamed the league for causing the “interminable delays.”

  • April 13, 2018

    Canadian Drug Cos. To Pay $34M For Selling Phony Products

    A Canadian online pharmacy and its owner were ordered to pay $34 million after admitting to selling misbranded and counterfeit drugs in the U.S., Montana federal prosecutors said Friday, ending a 17-year business that allegedly sold phony cancer drugs with no active ingredients.

  • April 13, 2018

    Man Wins $33M Verdict For Injuries In Texas Factory Fire

    A Texas jury has awarded $33 million to a man burned in an explosion at a wood processing plant in his suit against the makers of the facility’s dust collection and spark detection and suppression systems.

  • April 13, 2018

    FDA Exits Suit On American Spirit 'Natural' Cigarette Deal

    The U.S. Food and Drug Administration has escaped a suit from a consumer who criticized an agreement allowing the maker of Natural American Spirit cigarettes to continue using the term “natural” in its branding, with a Florida federal judge ruling Friday the man lacked standing.

  • April 13, 2018

    Pfizer Can’t Shake Suit Over Deceptive Robitussin Labels

    An Illinois federal judge Friday refused to toss nationwide class claims from a suit alleging Pfizer Inc. overcharged consumers for its “Maximum Strength” Robitussin compared to its regular version, finding that the label could be plausibly considered deceptive based on the drugs’ relative ingredient mixes.

  • April 13, 2018

    Disney's Bid In 'Pink Slime' Arbitration Row Rejected

    A Canadian court Thursday refused to back The Walt Disney Co.'s choice for how to arbitrate a dispute over $15 million of insurance coverage toward an undisclosed settlement with a meat processor that sued over ABC's characterization of a beef product as "pink slime."

  • April 13, 2018

    Underwriters Push Arbitration In $500M Oil Rig Payout Row

    Syndicates of Lloyd’s of London who paid out $500 million to Chevron for a Gulf of Mexico oil rig that broke asked the Fifth Circuit on Thursday to kick its reimbursement dispute with rig engineers to arbitration, saying a Texas federal judge should have never weighed in on the merits of the claims because a valid arbitration clause existed. 

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

  • April 13, 2018

    Bard Hit With $35M Punitive Damages In NJ Mesh Case

    C.R. Bard Inc. was slammed Friday with $35 million in punitive damages in a New Jersey state lawsuit alleging its pelvic mesh devices caused a woman debilitating pain, a day after jurors hit the company with a $33 million verdict in compensatory damages.

  • April 13, 2018

    Sanofi's FCA Suit Docs Not All Privileged, Ex-Worker Says

    A whistleblower told a Pennsylvania federal court Thursday that Sanofi should be required to hand over in discovery hundreds of documents it claims are protected by attorney-client privilege in a suit alleging it unlawfully marketed off-label uses of a cancer drug, violating the False Claims Act.

  • April 13, 2018

    FDA Bans Bulk Sale Of Concentrated Caffeine Supplements

    The U.S. Food and Drug Administration on Friday banned the bulk sale of dietary supplements that contain highly concentrated or pure caffeine directly to consumers, saying the products pose a public health risk.

  • April 12, 2018

    Sorin Denies Family’s Claim It Hid Heart Valve Info From FDA

    Sorin Group USA Inc. began working with federal regulators to reinforce its prosthetic heart valves six months before doctors discovered one of the devices had rapidly deteriorated in a young woman, the manufacturer said Thursday in a court filing denying having withheld information from the U.S. Food and Drug Administration.

Expert Analysis

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • And Now A Word From The Panel: An Inconvenient MDL

    Alan Rothman

    By their nature, multidistrict pretrial proceedings will not be in the home district of all parties. The MDL transfer process necessarily centralizes actions from around the country into a single forum. The linchpin for the panel is balancing competing factors and determining whether transfer best serves the convenience of parties and witnesses, says Alan Rothman of Arnold & Porter.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Assessing Changes To The Jones Act Litigation Landscape

    Dennis Vega

    A federal judge in New York, in Alford v. CBS Corporation, recently held that the federal officer removal statute overrides the statute prohibiting removal of Jones Act claims. The ruling stands to have far-reaching impact in litigation in which the federal government’s involvement has been a factor, say Dennis Vega and Afigo Okpewho-Fadahunsi of Tanenbaum Keale LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Keys To Corporate Social Responsibility Compliance: Part 1

    Michael Littenberg

    2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Roundup Warning Label Ruling Less Surprising Than It Seems

    Shannon Oldenburg

    A California federal court's recent decision in National Association of Wheat Growers v. Zeise, which blocked the state from requiring Monsanto to put Proposition 65 warning labels on its Roundup products, may seem surprising at first blush. But a deeper look at the broader historical context of Proposition 65 offers a different perspective, say Shannon Oldenburg and Malcolm Weiss of Hunton & Williams LLP.

  • What The UK Product Recall Code Of Practice Means For Cos.

    John Leadley

    This month saw the long-awaited public launch of the U.K. government's new code of practice on consumer product safety-related recalls and other corrective actions. Government-endorsed practical and granular guidance of this nature should be viewed as a positive step forward for any companies that place products on the market in the United Kingdom, say attorneys with Baker McKenzie LLP.