Product Liability

  • January 12, 2017

    FDA Sticks With Suffixes On Biosimilar Names

    Biosimilar names will have to include meaningless suffixes, the U.S. Food and Drug Administration said in final guidance Thursday, brushing off concerns about confusion.

  • January 11, 2017

    Insurer Tells 9th Circ. Millennium Lab Suits Aren't Covered

    Darwin Select Insurance Co. urged the Ninth Circuit on Wednesday to reverse a judgment in favor of Millennium Laboratories Inc. in a coverage battle over two suits, saying the underlying actions didn’t allege covered disparagement claims and coverage was barred by a policy exclusion anyway.

  • January 11, 2017

    Hospital, Doc Escape $1.5M Suit Over Philips Device Injury

    A Mississippi federal judge on Wednesday tossed a $1.5 million product liability and medical malpractice suit alleging a doctor at a regional hospital used a faulty Philips Electronics medical device that caused a patient’s throat injuries, rejecting the plaintiff's claim that the case raised federal questions of law.

  • January 11, 2017

    BP Employees Seek Another Chance At ERISA Suit

    BP PLC employees suing over damage to their BP-invested retirement funds from the Deepwater Horizon oil spill continued to press a Texas federal court on Tuesday to let them revamp their claims, after the Fifth Circuit found they hadn’t specified what plan administrators could have done differently to get a better result.

  • January 11, 2017

    Heinz's $25M Tainted-Food Policy Void, 3rd Circ. Says

    A federal appeals court ruled Wednesday that insurer Starr Surplus had a right to renege on a $25 million policy it sold to H.J. Heinz Co. after Heinz submitted a claim for lead-tainted baby cereal and an investigation revealed that Heinz's application had left out key information.

  • January 11, 2017

    Theranos Seeks Out Of Blood-Testing Suits

    Beleaguered blood-testing startup Theranos on Tuesday pushed an Arizona federal judge to throw out consolidated proposed class actions claiming it and Walgreen Co. conspired to mislead consumers about the accuracy of Theranos' tests, saying the consumers only allege the companies were business partners.

  • January 11, 2017

    EQT Production Beats Proposed Penalty In Gas Well Leak Suit

    EQT Production Co. has dodged what the Pennsylvania Department of Environmental Protection had insisted should be at least a $1.2 million payment stemming from a gas well pad leak, as a state appeals court ruled Wednesday that Pennsylvania law does not authorize ongoing penalties for a single waterway leak.

  • January 11, 2017

    Meningitis-Linked Pharmacy Used Fake Names, Jury Told

    A Massachusetts compounding pharmacy linked to a deadly 2012 meningitis outbreak had a history of filling orders for drugs with blatantly fake patient names like Pepe Le Pew, Pee-wee Herman and Donald Trump, a federal investigator testified Wednesday during the murder trial of the company's head pharmacist.

  • January 11, 2017

    Alere Says Home Blood Test Class Action Is Full Of Holes

    Health diagnostics company Alere Inc. asked a Massachusetts federal court Wednesday to toss a proposed class action alleging it misleadingly sold consumers dangerously inaccurate home blood test kits, saying the “boiler plate” suit has no connection to the state, among other failings.

  • January 11, 2017

    Natural Gas Firm Fights Fine Over Kan. Fire In DC Circ.

    Units of midstream infrastructure firm ONEOK have asked the D.C. Circuit to review U.S. Pipeline and Hazardous Materials Safety Administration orders imposing $732,000 in civil penalties and corrective actions stemming from a fire at a company facility in Kansas.

  • January 11, 2017

    HP Nears OK On Laptop WiFi Deal, But Cert. Nixing Unlikely

    A California federal judge said Wednesday she’ll approve Hewlett-Packard’s deal handing $25 refunds to a class of Golden State customers who claim the wireless cards on more than 23,000 laptops they purchased didn’t work as promised, but said she’ll likely deny HP’s unusual request to vacate class certification.

  • January 11, 2017

    6 VW Executives Indicted Over Emissions Scandal

    The U.S. Department of Justice on Wednesday announced that six high-ranking Volkswagen executives have been indicted for their alleged roles in an almost decadelong conspiracy behind the company’s emissions cheating scandal.

  • January 11, 2017

    Honda Recalls More Vehicles With Takata Air Bags

    Honda announced the launch of phase two of its Takata air bag recalls on Wednesday, adding 772,000 more Hondas and Acuras to a now 1.3 million-car group targeted for replacement of passenger-side Takata-brand air bags reported to be at risk of exploding due to potentially deadly inflator corrosion.

  • January 11, 2017

    Kinross Gold Seeks To Dodge Navajo Gold King Lawsuit

    Kinross Gold Corp. on Tuesday asked a New Mexico federal judge to dismiss the Navajo Nation’s lawsuit that alleges the company allowed contaminated wastewater to build up at a mine site prior to a leak at another mine that polluted the Animas River.

  • January 11, 2017

    Soap Maker Wants Suit Over 'Natural' Claims Scrubbed

    Beaumont Products Inc. urged a New York federal judge Tuesday to toss a proposed class action accusing the company of duping consumers into thinking its Clearly Natural Essentials soaps and other products are natural despite containing synthetic ingredients, contending that the claims have no merit.

  • January 11, 2017

    3rd Time Not The Charm For 'Made In The USA' Jeans Deal

    A California federal judge on Tuesday said he is prepared to reject a fashion company’s third attempt to settle class claims over allegedly false “Made in the U.S.A.” labels on its jeans, finding the latest deal has many of the same issues as previous iterations.

  • January 11, 2017

    ADT Says No Common Class In Alarm Hackability Suit

    Home security company ADT on Tuesday resisted an Arizona consumer’s bid to certify a proposed class of device owners supposedly deceived about their efficiency and vulnerability to hacking, telling a federal judge that warnings were provided in a variety of ways, making the claims highly individualized.

  • January 11, 2017

    Children's Advil Ad Ban Is Proper, J&J Unit Tells 2nd. Circ.

    A New York federal judge was right to find a decades-old order stopping Pfizer from promoting Advil’s risk of stomach damage as comparable to Tylenol’s also applies to Children’s Advil because the order focuses on the drug itself, not the brand, a Johnson & Johnson unit has told the Second Circuit.

  • January 10, 2017

    Referee Says DQ'd Attys Violated Fla. Bar Rules

    A referee on Monday concluded that two attorneys who represented a group of flight attendants who had been part of a $300 million class settlement with tobacco companies violated Florida Bar rules when they worked on a suit against a medical research institute created as part of the tobacco deal, but advised that they should not be suspended.

  • January 10, 2017

    Amgen Beats Decade-Old Investor Suit Over Off-Label Scheme

    A California judge Tuesday dismissed a decade-old action claiming Amgen Inc.’s board caused more than $1 billion in damages by overseeing an off-label drug marketing scheme, saying the shareholder failed to make a demand on the officials to instigate litigation before filing her suit.

Expert Analysis

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Act 13 And Pennsylvania Fracking: The Drama Continues


    Four years ago, the Pennsylvania General Assembly passed Act 13 of 2012, a comprehensive updating of the Commonwealth's oil and gas development laws. Its passage spurred the Pennsylvania Department of Environmental Protection to tighten regulations on hydraulic fracturing. But legal challenges to both Act 13 and the ensuing regulations are advancing at a rapid pace, says Michael Reer of Harris Finley & Bogle PC.

  • OPINION: Upholding Liability Law In The Face Of Tragedy

    Victor E. Schwartz

    The Connecticut Superior Court’s recent dismissal of claims alleging negligence-based theories against the makers and sellers of the rifle used in the 2012 Sandy Hook Elementary School mass shooting appreciates that the Protection of Lawful Commerce in Arms Act is a fairly complex statute. Although some opponents have maligned the act as giving gun makers “total immunity,” that is simply not true, says Victor Schwartz of Shook Hardy & Bacon LLP.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • Employee/Experts Not Shielded By Attorney-Client Privilege

    Stephen McConnell.jpg

    When a client's product is at issue in court, and a relevant expert witness is not available, an employee may sometimes be tapped to fill this role. This can be a useful strategy, but it comes with a downside: much of the prep work with the now-expert might be discoverable, says Stephen McConnell of Reed Smith LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Causation At Center Of Pennsylvania Asbestos Ruling

    Jennifer Cree

    The Pennsylvania Supreme Court's recent ruling in Rost v. Ford Motor Co. leaves asbestos defendants — especially low-dose asbestos defendants — in a precarious situation in the state. The court appears to have approved conclusory opinions as satisfaction of a plaintiff’s burden to establish substantial factor causation, and sanctioned the trial court’s improper consolidation of unrelated same-disease asbestos cases without conseque... (continued)

  • TSCA High-Priority Chemicals: What Made The Cut?

    Lawrence E. Culleen

    Many of the substances listed in the U.S. Environmental Protection Agency's recent list of high-priority substances under the Toxic Substances Control Act come as no surprise. However, others were less likely choices especially considering the EPA recently proposed regulations that will likely suggest limits on certain uses of those substances, say Lawrence Culleen and Erika Norman of Arnold & Porter LLP.

  • The 2 Very Different Types Of Cosmetic Talc Claims

    Stephen Hoke

    Despite the high-profile nature of cosmetic talc litigation, there is confusion about the nature of the underlying cases. Cosmetic talc litigation is currently settling into two distinct paths of cosmetic talc causing ovarian cancer and cosmetic talc causing mesothelioma, says Stephen Hoke of Hoke LLC.

  • FTC And Courts Remain Real Serious About Fake News Ads

    Leonard L. Gordon

    The Federal Trade Commission has been trying to stop “fake news” advertising for some time and a Florida federal court recently affirmed those efforts with its decision in FTC v. NPB Advertising. The case provides a list of lessons on what not to do when advertising your products, says Leonard Gordon of Venable LLP.