Product Liability

  • May 9, 2018

    Apple Consumers Denied Cert. In IPhone Touch-Screen Suit

    A California federal judge on Tuesday refused to certify a class of Apple consumers who claim the tech giant failed to tell them about a design defect in the iPhone 6 and iPhone 6 Plus that causes the touch screen to stop responding, finding they failed to meet the predominance requirement for certification.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 8, 2018

    Drug Execs Deny Blame For Role In Opioid Crisis

    Four executives for drug distributors including Cardinal Health Inc. and McKesson Corp. on Tuesday told lawmakers their companies didn't feed the deadly opioid crisis, although another admitted his company did play a role in the ongoing epidemic.

  • May 8, 2018

    Litigation Funder Tries To Recover Advance To NFL Player

    A third-party claims funder asked a Pennsylvania federal court on Tuesday to allow arbitration proceedings against a former National Football League player who is refusing to repay an advance of a portion of his potential recovery from an uncapped settlement in multidistrict litigation over brain injuries.

  • May 8, 2018

    DEA Must Divulge National Data In Opioid MDL, Judge Rules

    The U.S. Drug Enforcement Administration must disclose nationwide data on opioid sales as part of multidistrict litigation over the opioid crisis, an Ohio federal judge ruled Tuesday, saying it will expand on state information that has been "extremely informative" for plaintiffs' lawyers.

  • May 8, 2018

    30 Calif. Counties Suing Opioid Makers, Distributors

    Thirty California counties are suing top drugmakers and distributors for their alleged role in America’s opioid epidemic, joining a wave of public entities that have filed similar suits around the country with the expectation their cases will be transferred into multidistrict litigation, according to a statement released Tuesday by Baron & Budd PC.

  • May 8, 2018

    GSK Can't Make Hagens Berman Pay Special Master Fees

    A Pennsylvania federal judge on Tuesday denied a bid from GlaxoSmithKline and other pharmaceutical companies to have Hagens Berman Sobol Shapiro LLP foot the bill for costs incurred by a special master looking into whether the firm can stop representing thalidomide birth defect clients, saying the special master isn’t done.

  • May 8, 2018

    Sheldon Silver Never Asked For Kickbacks, Jury Hears

    A real estate tax attorney testified Tuesday that former New York State Assembly Speaker Sheldon Silver never asked him for referral fees for the work the once-powerful Democratic politician brought him from big New York City developers, fees that federal prosecutors say amount to illegal kickbacks. 

  • May 8, 2018

    Zurich's Suit Over Asbestos Deal Coverage Reopened

    A Missouri federal judge on Tuesday retracted an order releasing Insurance Co. of North America from a suit brought by Zurich American Insurance Co. over coverage for a $1.5 million mesothelioma settlement with Anheuser-Busch, saying new Missouri case law demands a switch in the legal standard applied to the case.

  • May 8, 2018

    New England Coffee Co. Sued Over Lack Of Hazelnuts

    A Rhode Island woman on Monday filed a putative class action suit against New England Coffee Co. and its corporate parent in a Massachusetts federal court, claiming the company is deceptively marketing its hazelnut coffee because it is artificially flavored and contains no hazelnuts.

  • May 7, 2018

    Developers Angered By Ex-NY Pol's Atty Fee Cut, Jury Hears

    Major league New York City real estate developers were incensed upon learning that former New York State Assembly Speaker Sheldon Silver was secretly taking a cut of legal fees they paid for tax work, jurors heard Monday, with one property baron deeming the practice “unseemly.”

  • May 7, 2018

    Endo Shareholders Fight Bid To Toss Opioid Safety Suit

    A proposed class of Endo International PLC shareholders on Friday blasted Endo’s argument that their suit should be tossed because the drugmaker couldn’t have foreseen the fallout of the opioid crisis, telling a Pennsylvania federal judge the company knowingly misrepresented the safety of its Opana drug before pulling it from the market.

  • May 7, 2018

    Opioid MDL Attys Must Disclose Outside Funding, Judge Says

    Plaintiffs attorneys in multidistrict litigation over the opioid crisis must disclose any financial backers that stand to profit from settlements in the sprawling case, an Ohio federal judge ruled Monday.

  • May 7, 2018

    Drug Cos. Can Add Support To Pause Cherokee Opioid Suit

    An Oklahoma federal judge said Monday that several major drug distributors and retail pharmacies can offer more support for their argument that a suit by the Cherokee Nation over the companies’ alleged role in the opioid epidemic should be paused while an Ohio court handling multidistrict litigation decides whether it and other suits by many other tribes belong in federal court.

  • May 7, 2018

    Ex-NTSB Chair To Advise Uber On Safety After Fatal Crash

    Uber Technologies Inc. said Monday that it has tapped former National Transportation Safety Board Chairman Christopher Hart to advise it on safety amid ongoing investigations into the fatal Arizona pedestrian accident involving one of the company's self-driving cars in March.

  • May 7, 2018

    DEA's Proposed Opioid Limits Meet Industry Resistance

    Drugmakers, hospitals and health insurers are pushing back against the U.S. Drug Enforcement Administration’s new plan to limit production of prescription opioids when illicit uses are suspected, warning that dangerous shortages may ensue.

  • May 7, 2018

    Insurer Needn't Cover Ride Injury, 11th Circ. Affirms

    The Eleventh Circuit on Monday found that a Zurich Insurance Group AG unit does not owe an event planner coverage over an injury on an amusement ride that the event planner hadn't yet added to its policy.

  • May 7, 2018

    NC Swine Stench Sufferers' $50M Punitive Damages Slashed

    A North Carolina federal judge Monday overturned a jury’s decision to award $5 million in punitive damages to each of the 10 neighbors who sued a hog farm owner for its failure to properly dispose of the animals’ urine and feces, saying that state law caps the amount of punitive damages at $250,000 apiece.

  • May 7, 2018

    Boehringer Scores 2nd Bellwether Win In Conn. Pradaxa Suit

    A Connecticut state jury on Monday sided with Boehringer Ingelheim Pharmaceuticals Inc. in a second bellwether trial as part of a consolidated state proceeding over the alleged bleeding risk of its blood thinner Pradaxa, rejecting a woman’s claims that taking the drug landed her in the hospital.

  • May 7, 2018

    Trader Joe's Gummy Candies Use Artificial Flavor, Suit Says

    Trader Joe’s Co. is accused of falsely advertising that certain house-brand gummy snacks are all natural when they’re actually flavored artificially, according to a proposed class action removed to California federal court on Friday.

Expert Analysis

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Unraveling FDA’s Recent Flurry Of Tobacco Activity

    Jonathan Havens

    Last month, the U.S. Food and Drug Administration issued three advance notices of proposed rulemaking related to nicotine. However, tackling any of the issues raised would be a significant undertaking on its own, and some are skeptical that any of the proposals will move forward, says Jonathan Havens of Saul Ewing Arnstein & Lehr LLP.

  • What Cos. Need To Know About China’s New Market Regulator

    Katherine Wang

    As part of a sweeping government restructuring plan announced last month, China is merging a range of government agencies into the new State Market Regulatory Administration. Multinational companies doing business in China must pay close attention to how functions within the newly consolidated agency will be organized, say attorneys with Ropes & Gray LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Why CPSC Sued To Recall Stroller That Met Standards

    Sheila Millar

    The U.S. Consumer Product Safety Commission has sued the maker of strollers with a detachable front wheel, despite the agency's prior approval of stroller standards that permit the feature. The outcome will affect whether companies can rely on CPSC approval of, and companies' compliance with, such standards as a legal defense, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Who's Liable For A Crash When It's The Car Driving?

    Jim Jordan

    In a fully autonomous vehicle, a passenger's reaction to a traffic emergency is as irrelevant as her ethical calculations about potential injuries to herself and others. But if she agreed in advance to the safety protocols in the vehicle's programming, could she share liability in an accident? No one knows the answer yet, says Jim Jordan of Munsch Hardt Kopf & Harr PC.