Product Liability

  • February 10, 2017

    European Parliament Floats Tougher Car Testing Rules

    A European Parliament committee on Thursday voted to overhaul the bloc’s rules for safety and environmental testing of cars and strengthen the bloc’s oversight of vehicles already on the road, in an effort aimed at avoiding a repeat of the Volkswagen emissions cheating scandal.

  • February 10, 2017

    Philly Collapse Victims Jumped Hurdle Of State Liability Law

    Wednesday’s record-setting $227 million settlement ending the civil trial over a 2013 fatal building collapse in Philadelphia was hastened by a harsh jury verdict that helped defang a 2011 liability reform statute that has hit plaintiffs hardest by limiting their avenues for collecting damages.

  • February 10, 2017

    Insurer Can Sue For Injured Worker, Pa. Panel Says

    A Pennsylvania appeals court ruled in a published decision Friday that an insurer correctly followed new state legal precedent in a subrogation action the company launched to recover medical and wage benefits paid to a woman who was struck by a vehicle on a rental-car lot.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    5th Circ. Won't Review Auto Parts Store's BP Relief Bid

    A Louisiana federal court was within its right not to review whether an unnamed auto parts and accessories store can pass itself off as a tourism business when seeking relief from settlements tied to BP PLC’s Deepwater Horizon oil spill, the Fifth Circuit ruled Thursday.

  • February 9, 2017

    Nissan Can't Shake Hair-Trigger Air Bag Class Action

    A California judge on Thursday tentatively rejected Nissan North America’s bid to dismiss a putative class action alleging the automaker hid a defect that causes Nissan Frontier side air bags to deploy unnecessarily, holding a majority of the suit's claims are properly alleged.

  • February 9, 2017

    Marlboro Addiction Controlled Refugee's Life, Jury Hears

    A Cuban refugee who fled to Miami and began a 14-year love affair with Marlboro cigarettes said Thursday that their maker, Philip Morris, is to blame for the lung cancer she survived after having one lung removed.

  • February 9, 2017

    Wash. High Court Says Intuitive Had Duty To Warn Hospital

    Washington state’s high court ruled Thursday that manufacturers must warn those who buy their products about related risks, vacating a jury verdict that Intuitive Surgical Inc. previously won in a case over a botched surgery that contributed to a man’s death.

  • February 9, 2017

    J&J Hid Talc Risk For 'Love Of Money,' Jury Hears

    The latest trial in the closely watched talc litigation against Johnson & Johnson kicked off Thursday in a St. Louis courtroom where a plaintiffs’ attorney said the company’s “love of money result[ed] in all manner of evil” for women who used its baby powder.

  • February 9, 2017

    Former Sutherland Partners Open Their Own Firm In Houston

    Two former Sutherland Asbill & Brennan LLP senior partners announced Thursday they have opened their own firm in Houston, Johnson Garcia LLP, that will exclusively focus on the recovery of damages for businesses and individuals in complex business and personal injury disputes.

  • February 9, 2017

    5-Hour Energy Ordered To Pay $4.3M For Deceptive Ads

    The makers of 5-Hour Energy were ordered to fork over nearly $4.3 million in penalties and attorneys’ fees and costs for duping consumers with misleading claims regarding things like the effectiveness of the popular flavored energy shots, the Washington attorney general announced Wednesday.

  • February 9, 2017

    Report Details Problems At Theranos' Arizona Lab

    Federal inspectors found that Theranos’ now-shuttered Arizona laboratory wasn’t making sure some patients were told their diabetes test results might be wrong, nor was it following its own policies and procedures, according to a report revealed Wednesday.

  • February 9, 2017

    San Diego Citizens Group Loses Appeal Over Sea Lion Stench

    A California appellate court on Thursday dismissed a citizens group's lawsuit against San Diego over an alleged public nuisance caused by smelly sea lions, saying the city isn’t responsible for any bad odors caused by wildlife.

  • February 9, 2017

    GAO Singles Out Holes In FDA Adverse Event Reporting

    Gaps in the U.S. Food and Drug Administration’s system for reporting adverse events meant that doctors and hospitals failed to inform the agency of suspected cases of a surgical device spreading cancer in women’s bodies, according to a Government Accountability Office report on Wednesday.

  • February 9, 2017

    NFL Players' Opioid Suit's RICO Claims Are Sacked

    A California federal judge sacked a lawsuit by former NFL players alleging teams distributed painkillers to players to keep them on the field without regard to long-term health risks, tossing many of their claims, including claims against 24 of the 32 NFL teams.

  • February 9, 2017

    AbbVie Fights Discovery Request Of Doc In Testosterone MDL

    AbbVie Inc. told an Illinois federal judge on Wednesday that a discovery request for information from a doctor serving as an expert witness went beyond what was proper in the multidistrict litigation over heart health risks and injuries allegedly caused by testosterone replacement therapy drugs.

  • February 9, 2017

    Mead Johnson Hit With Whistleblower Suit Over Baby Formula

    A former executive in charge of compliance at Mead Johnson Nutrition Co. sued the company in Illinois federal court Wednesday, claiming company leadership fired her after she repeatedly raised concerns about contamination in its ready-to-use infant formula.

  • February 9, 2017

    Big Pharma Challenges FDA's New Off-Label Rule

    Big Pharma is calling on the U.S. Food and Drug Administration to overhaul a newly finalized regulation giving the agency wide latitude to police off-label promotion, saying it contains abrupt and unconstitutional policy changes, according to a petition released Thursday.

  • February 9, 2017

    Ala. Judge Pauses Fiat Emissions Suit Pending MDL Ruling

    An Alabama federal judge on Thursday agreed to pause a proposed class action against Fiat Chrysler for allegedly manipulating the emissions and fuel efficiency tests of more than 100,000 vehicles, allowing both sides to wait for a ruling on whether multiple related cases should become a multidistrict litigation.

  • February 8, 2017

    Fresenius Drug Killed Dialysis Patient, Jury Told

    Fresenius Medical Care failed to train doctors or warn the public about the risks of its dialysis drug Naturalyte, leading to the death of a North Carolina diabetic, his relatives told a Massachusetts federal jury Wednesday in opening statements at the first bellwether trial for litigants who declined to take part in a $250 million case settlement.

Expert Analysis

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Defibrillator Decision Does Not Shock The Conscience

    Eric Alexander

    Bad cases make bad law, but egregiously overreaching cases can make good law. In Wallis v. Brainerd Baptist Church, decided recently by the Tennessee Supreme Court, a dead man's estate sued the seller of a defibrillator that was available but not used on the decedent during his heart attack. Imposing liability in such circumstances would be bad public policy, says Eric Alexander of Reed Smith LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.