Product Liability

  • November 14, 2017

    5th Circ. Won't Rethink Undoing Of $663M Guardrail Ruling

    The Fifth Circuit on Tuesday refused to reconsider overturning its $663 million judgment against Trinity Industries Inc. in a False Claims Act suit for allegedly making defective highway guardrails.

  • November 14, 2017

    NJ Shuts Down Raw Milk Co. Following Bacterial Infection

    The New Jersey Department of Health on Friday ordered a raw milk home delivery company to shutter after a woman became infected with a rare bacterial infection, saying it’s illegal to sell unpasteurized milk in the state.

  • November 14, 2017

    Cherokee Opioid Fight Should Inspire Other Tribes, AG Says

    The Cherokees' novel lawsuit in tribal court seeking payback from major drug distributors and pharmacies for the opioid epidemic's toll on its citizens is blazing a trail for other tribes looking to launch similar suits, the Cherokee Nation's attorney general told Law360 in an exclusive interview.

  • November 14, 2017

    Ex-FDA Commissioner Slams Xarelto Warnings In Philly Trial

    A former Food and Drug Administration commissioner told a Philadelphia jury on Tuesday that warning labels for the blood thinner Xarelto failed to provide adequate information to doctors and consumers about the risk of bleeding that some patients could face when using the drug.

  • November 14, 2017

    What Telecom Attys Need To Know About Connected Cars

    As the possibility of connected vehicles moves from a futuristic development to an impending reality, the automotive sector has been busy trying to establish technical standards to guide the innovation. But the realm also includes sophisticated communications technology that is taking the telecommunications industry on a wild ride.

  • November 14, 2017

    RI Atty Fights Texas Jurisdiction In Mesh Row Before Justices

    A Rhode Island attorney has asked the Texas Supreme Court to correct a judgment from a lower appellate court that he can't steer clear of Texas court in a malpractice lawsuit brought by a former client in hernia mesh litigation, arguing the October opinion contradicts the high court's prior rulings.

  • November 14, 2017

    VW To Pay $69M To NJ Over Diesel Emissions Scandal

    The Volkswagen Group of America will pay New Jersey $69 million to settle claims that it sold diesel vehicles that cheated environmental standards, Gov. Chris Christie said Tuesday, an amount the state says represents more cash per vehicle than any other state settlement in the scandal to date.

  • November 14, 2017

    J&J Hip Implant Patients Seek Big Damages From Texas Jury

    Six New York plaintiffs on Tuesday asked a Texas federal jury to hit Johnson & Johnson with at least a nine-figure punitive damages award to punish the company for allegedly making and marketing a defective line of metal-on-metal hip implants.

  • November 14, 2017

    BMW Hit With New Engine-Defect Class Action

    BMW is facing yet another class action in New Jersey federal court over engine defect claims, this one alleging that problems with certain models’ chain assemblies caused poor acceleration or sudden engine failure, according to a complaint filed Monday.

  • November 14, 2017

    Injectable Silicone Linked To Disfigurement, Deaths, FDA Says

    The U.S. Food and Drug Administration on Tuesday warned consumers and health care providers about the risks of serious injuries, disfigurement and even death associated with silicone injections falsely marketed as FDA-approved dermal fillers for boosting the size of butts, breasts and other body parts.

  • November 14, 2017

    Ex-NFLers Fight Changes To Brain-Injury Claims Process

    Former NFL players urged a Pennsylvania federal court on Monday to overturn, in light of new evidence, a claims administrator's changes to how claims are processed under a settlement agreement for brain injuries in multidistrict litigation.

  • November 14, 2017

    Takata's Japanese Parent Wins Ch. 15 Recognition

    The Delaware bankruptcy judge presiding over the Takata family of cases said Tuesday that he would grant the company’s Japanese parent Chapter 15 recognition over the objections of a group of plaintiffs suing over the debtor’s dangerously defective airbag inflators who say their due process rights are being squelched.

  • November 14, 2017

    FDA Warns Of Deaths Linked To Opioid-Like Kratom

    The U.S. Food and Drug Administration warned of serious safety risks of herbal supplement kratom, a plant native to Southeast Asia, saying Tuesday that the substance has effects similar to opioids' and that regulators know of at least 36 deaths linked to it.

  • November 14, 2017

    Walgreens Hit With Suit Over Sale Of J&J Talc Products

    A woman who says her daily use of talcum powder caused her 2014 cancer diagnosis sued Walgreen Co. in Illinois state court Monday, claiming the company worked with Johnson & Johnson to market and sell its talc products to consumers without warning them of the risks.

  • November 13, 2017

    Woman Seeks $24M As Trial Over Asbestos, J&J Talc Closes

    A woman alleging asbestos in Johnson & Johnson’s talcum products gave her mesothelioma sought $24 million during closing arguments Monday in the California trial, while J&J responded that the woman relied on a changing story and biased experts to make her case.

  • November 13, 2017

    Hisense Slips Sharp’s First Amendment Suit Over Gag Order

    China’s state-owned Hisense Co. Ltd. on Monday won the toss of a First Amendment suit Sharp Corp. filed against it over a gag order issued by a Singapore arbitrator, as a Washington, D.C., federal judge ruled that the Japanese electronics maker did not show government involvement in the arbitration.

  • November 13, 2017

    Takata Judge Won't Exempt States From Airbag Suit Stay

    The Delaware bankruptcy judge presiding over the Takata case ruled Monday that state and government agencies will not be exempted from a five-day extension of a litigation freeze connected to the debtor’s dangerously defective airbag inflators.

  • November 13, 2017

    NJ Doctor Accused Of Recklessly Pushing Addictive Opioids

    A family physician has been temporarily suspended after he was accused of indiscriminately prescribing medically unnecessary, highly addictive opioids to patients, the New Jersey Office of the Attorney General announced Monday.

  • November 13, 2017

    Lumber Liquidators Customers Will Likely Win Class Cert.

    A California federal judge seemed poised Monday to certify a class of Lumber Liquidators customers who say the company knowingly sold defective flooring, reasoning that even if more than 100 products were at issue in the case, the allegations applied to “the whole kit and caboodle.”

  • November 13, 2017

    J&J Hip Implant Jury Won't Hear Witness Tampering Claim

    A Texas federal judge refused Monday to allow jurors in a bellwether hip implant liability trial to hear testimony related to alleged witness tampering stemming from communications between a Drinker Biddle & Reath LLP attorney for defendant Johnson & Johnson and a company sales representative.

Expert Analysis

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • 9th Circ. Endangers Mass Action Removal Under CAFA

    Emily Pincow

    Congress adopted the Class Action Fairness Act of 2005 to make it more difficult for plaintiffs attorneys to defeat diversity jurisdiction and removal to federal court. But the Ninth Circuit’s decision in Dunson v. Cordis Corp. allows plaintiffs to avoid federal court and leaves corporations with no clear guidance, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. Addresses Lower Court Split On False Ad Cases

    Cortlin Lannin

    Last week, the Ninth Circuit's decision in Davidson v. Kimberly-Clark answered a question that has long split the district courts in that circuit: whether a plaintiff in federal court who was previously deceived by allegedly false or misleading advertising possesses Article III standing to seek an injunction targeting that advertising, even when she has become aware of the truth about the product, says Cortlin Lannin of Covington & Burling LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Defending Defective Building Material Claims Under The UCC

    Somers Price

    Defective building material claims under the Uniform Commercial Code are vulnerable to summary judgment, and furthermore, the general durability of building materials makes such claims susceptible to being barred by the state of limitations or repose, say Somers Price and Dominique Meyer of Potter Anderson & Corroon LLP.

  • Opinion

    Stacking The Deck Against Opioid Plaintiffs

    Max Kennerly

    The U.S. Chamber of Commerce and the pharmaceutical lobby continue to file briefs with the purpose of making it impossible to sue drug manufacturers who have clearly broken federal law. If they succeed, states, individuals and health benefit plans may never get a fair day in court, says Max Kennerly of Kennerly Loutey LLC.