Product Liability

  • December 1, 2017

    T-Mobile Claims Immunity In 911 Caller's Suit At 6th Circ.

    T-Mobile USA Inc. argued to the Sixth Circuit on Thursday that a district court judge was correct in finding it had 911 service provider immunity in a suit brought by a man who suffered a heart attack and couldn't get through to emergency personnel, saying his appeal should be tossed.

  • December 1, 2017

    Pa. Judge Says No Preemption In Auxilium Testosterone Case

    A Pennsylvania state court judge on Thursday denied Auxilium Pharmaceuticals Inc.’s bid to use federal preemption to avoid an upcoming trial over the alleged connection between its testosterone gel and a user's stroke in a case that was previously denied mass tort status.

  • November 30, 2017

    Family Of SXSW Crash Victim Takes Case To 5th Circ.

    Relatives of a man killed by a drunken driver who motored through road block signs and into pedestrians at the South by Southwest Festival told the Fifth Circuit on Wednesday the incident was foreseeable and the festival's organizers and host city should face the family's suit.

  • November 30, 2017

    Coca-Cola, Flowserve Dodge Ohio Superfund Suit

    An Ohio federal judge on Wednesday cut loose three companies, including Coca-Cola and Flowserve, from a lawsuit alleging they bear financial responsibility for the cleanup of an Ohio Superfund site.

  • November 30, 2017

    Reynolds Wins Ruling Over ITG In Fla. Tobacco Fee Dispute

    Tobacco company ITG Brands LLC lost out on Thursday in a dispute over whether or not it’s obligated to keep trying to reach a deal with Florida over costs tied to its $7 billion dollar purchase of four cigarette brands from R.J. Reynolds Tobacco, after Delaware’s Chancery Court ruled the burden is solely ITG’s to bear.

  • November 30, 2017

    FDA Chief Reveals New Openness To Quicker Drug Approvals

    The U.S. Food and Drug Administration’s chief on Thursday outlined new openness to clearing drugs based on tentative signs of health benefits, a move that could help patients with few treatment options but also lead to sales of ineffective medicines.

  • November 30, 2017

    Paint Cos. Seek Rehearing In $1B Lead Paint Cleanup Suit

    Sherwin-Williams Co. and two other paintmakers asked a California appeals court to reconsider a decision that trimmed a $1.15 billion lead contamination judgment, saying Wednesday that the panel had ignored vital evidence about whether the companies had promoted the paint for use in homes.

  • November 30, 2017

    Korean Ship Owner Denied Arbitration In Wrongful Death Suit

    The Ninth Circuit refused Thursday to force the wife of a fishing boat engineer who was killed on the job to arbitrate her suit over his alleged wrongful death, concluding in a published opinion that the Korean ship owner couldn't rely on an arbitration agreement it hadn't signed.

  • November 30, 2017

    San Bernardino Victims Claim Social Networks Aided ISIS

    Victims of the 2015 mass shooting in San Bernardino, California, on Thursday accused Facebook Inc., Twitter Inc. and Google Inc. of allowing ISIS to “crowdsource terrorism” on their websites, thereby aiding and abetting terrorism by giving the group platforms to recruit new members and profit.

  • November 30, 2017

    JPML Open To Opioid MDL Despite Concerns About Size

    The Judicial Panel on Multidistrict Litigation seemed to lean toward centralizing litigation stemming from the country’s opioid crisis during arguments at the panel’s hearing in St. Louis on Thursday, but the judges repeatedly asked for guidance on how to work with the large variety of potential defendants and plaintiffs.

  • November 30, 2017

    Sexual Enhancement Supplements Recalled For Health Risk

    Dietary supplement maker Nutra Labs Inc. on Thursday said it was recalling male sexual enhancement supplements because a U.S. Food and Drug Administration analysis found they were tainted with the active ingredient for an erectile dysfunction drug, posing a risk to consumers.

  • November 30, 2017

    J&J Can’t Escape $110M Verdict In Mo. Talc Cancer Trial

    A Missouri state judge on Wednesday upheld a jury’s $110 million verdict against Johnson & Johnson for allegedly selling ovarian cancer-causing products, saying the conduct on which the claims are based occurred in Missouri even though the woman who brought them is from Virginia.

  • November 30, 2017

    Pa. Justices To Mull College's Liability For Football Injury

    The Pennsylvania Supreme Court said Wednesday it would hear arguments over whether an agreement waiving a college’s liability for injuries suffered during intercollegiate football activities barred negligence claims over its failure to provide qualified medical personnel at sporting events.

  • November 29, 2017

    J&J Unit Workers Say Biz Knew Pelvic Mesh Device Risks

    Johnson & Johnson unit Ethicon was aware of potential complications related to a pelvic mesh product before its launch in 2005, company officials said in deposition testimony presented Wednesday to a New Jersey state court jury hearing claims that the business withheld such information from doctors.

  • November 29, 2017

    Toyota Customer Says Rats Race To Eat Through Car Wiring

    A proposed class action removed to Massachusetts federal court on Monday accuses Toyota of leaving its customers to the rats by incorporating soy-based materials in some of its cars' electrical wiring systems, baiting rodents that gnaw the wiring but refusing to cover repairs under warranty.

  • November 29, 2017

    4th Circ. Says ALJ Correctly Backed Miner In Black Lung Suit

    The Fourth Circuit on Wednesday denied Westmoreland Coal Co.’s challenge to an administrative decision that awarded black lung benefits to a coal miner with a long career working underground, saying that despite a history of smoking and conflicting medical opinions, the outcome was carefully considered.

  • November 29, 2017

    Potential Takata Buyer Takes AIG Coverage Row To 6th Circ.

    Key Safety Systems Inc., the prospective purchaser of bankrupt Takata Corp.’s assets, told the Sixth Circuit on Tuesday that a lower court erred by not forcing an AIG unit to pay for post-judgment interest after KSS lost a $4.3 million product liability suit over a fatal car accident.

  • November 29, 2017

    AIG Unit On Hook For Port Authority Asbestos Claims: Judge

    An American International Group unit must defend the Port Authority of New York and New Jersey and several contractors against scores of asbestos claims brought by construction workers on the original World Trade Center, a New York judge ruled Wednesday, saying coverage is triggered for claims tied to alleged asbestos exposures at the building site.

  • November 29, 2017

    Prenatal Vitamin Maker Fights To Stop OTC Label Change

    A prenatal vitamin maker urged a California federal judge Wednesday to preliminarily bar First Databank Inc. from changing codes on prescription prenatal vitamins so they’re sold over-the-counter, arguing that the change will mislabel the supplements and deny pregnant women covered by Medicaid access to vitamins that prevent birth defects.

  • November 29, 2017

    Judge Tosses 24 New Complaints In Eliquis MDL

    A New York federal judge on Wednesday tossed 24 new lawsuits filed in multidistrict litigation over claims that Pfizer Inc. and Bristol-Myers Squibb Co. didn’t warn people about risks associated with the blood thinner Eliquis, finding that the claims are preempted by federal law.

Expert Analysis

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Illinois Case Holds A Warning For Animal Food Cos.

    Carolyn Davis

    The Southern District of Illinois recently greenlighted claims against the manufacturer and distributor of fish feed that allegedly caused the death of a largemouth bass population. Producers and sellers of animal foods should note that their products might be subject to similar legal scrutiny to food intended for human consumption, says Carolyn Davis of Weil Gotshal & Manges LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • What Companies Should Know About TSCA Consent Orders

    Martha Marrapese

    The U.S. Environmental Protection Agency's use of consent orders under the Toxic Substances Control Act and the significant new use rules that follow are catching companies off guard as they cascade through the supply chain. Martha Marrapese of Wiley Rein LLP explains considerations that go into negotiating consent orders for new chemicals and the requirements that flow from them.

  • Rejecting FTC Drug-Level Standard On Dietary Supplements

    Benjamin Mundel

    Over the past decade the Federal Trade Commission has attempted to raise the standard for dietary supplements to require drug-level randomized clinical trials. However, as demonstrated by a New York federal court's recent decision in FTC v. Quincy Bioscience Holding Company, when companies have refused to give in, courts have dismissed the FTC’s attempt to apply this standard, say Benjamin Mundel and Jacquelyn Fradette of Sidley Austin LLP.

  • Lessons From A Challenge To CPSC Civil Penalty Authority

    Sheila Millar

    Last month, a federal court resolved a legal challenge to civil penalties sought by the U.S. Consumer Product Safety Commission against Spectrum Brands for violations of the Consumer Product Safety Act. Because such lawsuits are rare, companies that make, distribute or sell consumer products should take note, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.