Product Liability

  • May 15, 2017

    26 States Rejoin FCA AstraZeneca Suit Over Seroquel

    A New York federal judge on Monday reinstated the False Claims Act claims of 26 states, Washington, D.C., and the city of Chicago in a whistleblower suit accusing AstraZeneca PLC of hiding safety information about antipsychotic drug Seroquel, after the whistleblower acknowledged that she had no authority to voluntarily drop their claims.

  • May 15, 2017

    Insurer Urges 9th Circ. To Reverse Poop Settlement Ruling

    California Capital Insurance Co. on Friday asked the Ninth Circuit to find it can be reimbursed for settling a $1.9 million lawsuit by an apartment renter who developed a disease from pigeon-dropping dust, saying the lower court misinterpreted the insurance policies involved.

  • May 15, 2017

    Pruitt EPA Gives Cos. New Way To Fight Superfund Costs

    U.S. Environmental Protection Agency Administrator Scott Pruitt last week gave himself the final word on how the most expensive Superfund sites are cleaned up, significantly diminishing regional EPA offices' authority and providing polluters with a new avenue to push for more favorable deals, experts said.

  • May 15, 2017

    Drivers Say Fiat Clutch Defect Suit Must Go To Trial

    A proposed class of Dodge Dart drivers told a California federal court Friday that Fiat Chrysler shouldn’t be able to bring the case to a quick end because the drivers’ expert and the automaker’s own documents raise factual issues about an alleged clutch defect that need to go to trial.

  • May 15, 2017

    VW Expands Porsche, Audi SUV Recall For Fire Risk

    Volkswagen AG is broadening a recall for a fuel pump defect that can cause fires to include nearly 300,000 Porsche and Audi vehicles, according to the National Highway Traffic Safety Administration.

  • May 15, 2017

    9/11 Families Seek Sanctions For Bin Laden Associate's Atty

    A plaintiffs attorney in a multidistrict litigation over the 9/11 terrorist attacks accused the counsel for alleged Osama bin Laden associate Wa’el Jelaidan on Friday of feigned “helplessness” in his dealing with the Office of Foreign Asset Control to pay a discovery violation sanction.

  • May 15, 2017

    MLB, Teams Tell 9th Circ. Not To Revive Safety Netting Suit

    Major League Baseball and two California teams urged the Ninth Circuit on Friday to affirm a lower court’s decision that two fans lack standing to demand extended safety netting at ballparks, saying they haven’t shown they’re likely to be injured by foul balls or thrown bats going forward.

  • May 15, 2017

    NFL Appeals NY Court's Refusal To Dismiss Concussion Suit

    The National Football League will appeal a New York court’s decision not to dismiss a suit brought by the family of a player posthumously diagnosed with a serious brain condition, arguing on Friday that the claims are based on decades-old injuries and are time-barred.

  • May 15, 2017

    Buyers of Tainted Pomegranate Seeds Seek $29M Judgment

    A food distributor, pomegranate supplier and insurance company asked a California federal court Friday to grant them judgments totaling $29.3 million against a Turkish food company and its U.S. subsidiary, which allegedly sold them hepatitis A-contaminated pomegranate seeds.

  • May 15, 2017

    High Court Leaves Home Depot Class Action In State Court

    The U.S. Supreme Court declined on Monday to hear Home Depot’s appeal of a Seventh Circuit decision that affirmed the removal of a proposed class action against the company from federal to state court, leaving in place the lower court’s finding that counterclaim defendants can’t move cases.

  • May 15, 2017

    Garlock Seeks Court's OK For Latest Ch. 11 Plan

    Defunct Garlock Sealing Technologies LLC again asked a North Carolina bankruptcy court on Sunday for confirmation of its Chapter 11 plan, saying it’s finally resolved all but one objection to the latest plan after a seven-year-long tug of war with various stakeholders.

  • May 15, 2017

    Jessica Alba’s Honest Co. Recalls Wipes Over Mold

    The Honest Co., the health and personal care products maker co-founded by actress Jessica Alba, on Friday said it was recalling wipes after routine testing found that some were affected by a type of mold found on citrus plants.

  • May 15, 2017

    Youth Football Orgs Dodge Suit Over Head Injuries, Deaths

    A California federal judge Friday threw out claims accusing Pop Warner and two other youth-football-related organizations of failing to properly protect players from head injuries that may have led to future mental health issues and some deaths, finding that the court doesn’t have jurisdiction over the groups.

  • May 15, 2017

    South Korea Orders Hyundai, Kia To Recall 240,000 Cars

    Hyundai Motor Co. and its affiliate Kia Motors Corp. on Friday reportedly agreed to the South Korean government’s order to recall 240,000 cars for safety issues raised by a whistleblower, the first time the country’s transportation authority has mandated a vehicle recall.

  • May 15, 2017

    Justices Reject Sheller Appeal Over Risperdal FDA Petition

    The U.S. Supreme Court on Monday refused to weigh in on whether Sheller PC has standing to sue the U.S. Food and Drug Administration for denying a citizen petition aimed at forcing a Johnson & Johnson unit to publicize documents about its antipsychotic drug Risperdal, keeping a Third Circuit dismissal of the case intact.

  • May 15, 2017

    Forest Wants At Least $6M In Fees After Atty Misconduct

    A False Claims Act whistleblower should have to cover more than $6 million in attorneys’ fees for Forest Laboratories LLC after building his case on unethically sourced evidence, which led to the suit being dismissed last month, the drugmaker told a Massachusetts federal court Friday.

  • May 12, 2017

    Amtrak Engineer Charged By Penn AG Over Fatal 2015 Crash

    Pennsylvania’s attorney general lodged criminal charges Friday against the engineer at the throttle of the Amtrak train that crashed and killed eight people in 2015, electing to pursue involuntary manslaughter and reckless endangerment counts after the Philadelphia District Attorney’s Office declined to prosecute.

  • May 12, 2017

    GM Can't Have Privileged Info In Switch Suit, Judge Told

    GM doesn’t have the right to information from a class action news website because it includes privileged communications between drivers and their eventual lawyers, the attorneys representing a class of drivers suing over allegedly defective ignition switches told a New York federal judge on Thursday.

  • May 12, 2017

    5th Circ. Panel Upholds $1M Deepwater Claim Clawback

    A Fifth Circuit panel on Friday upheld a lower court’s decision ordering a seafood company and its owners to pay back $1 million they received from the Deepwater Horizon oil spill claims program, saying that the business should have known it had failed by the time it made its claim.

  • May 12, 2017

    Mercedes-Benz Faces Class Action Over Moldy HVAC System

    A pair of Georgia residents hit Mercedes-Benz USA LLC and parent Daimler AG with a proposed federal class action Thursday alleging the automaker knowingly sold certain Mercedes vehicles with defective HVAC systems that accumulated mold and mildew and emitted noxious odors.

Expert Analysis

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Is Multidistrict Litigation In Need Of Reform?

    Douglas Smith

    Critics of multidistrict litigation cite problems such as meritless claims, increasing pressure to settle and a lack of scrutiny for individual cases. Congress has included proposals for MDL reform in the Fairness in Class Action Litigation Act of 2017. But in many instances, the MDL process is functioning well to effectively and efficiently resolve complex cases, says Douglas Smith of Kirkland & Ellis LLP.

  • An Earth Day Review Of 'Green Guide' False Advertising

    David Kluft

    To help prepare for the Earth Day barrage of environmental advertising claims, David Kluft of Foley Hoag LLP highlights several "Green Guide"-related matters before the Federal Trade Commission and National Advertising Division that can help marketers ensure their advertising is not deceptive.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • NJ High Court Will Bring Welcome Clarity To Consumer Law

    Brian O'Donnell

    Although on the books since 1981, New Jersey's Truth-in-Consumer Contract, Warranty, and Notice Act has only been aggressively utilized by the plaintiffs bar in recent years, so judicial authority interpreting the statute is still developing. Two cases before the New Jersey Supreme Court should provide needed guidance to litigants and courts, say Brian O’Donnell and Jeffrey Beyer of Riker Danzig Scherer Hyland & Perretti LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.