Product Liability

  • October 6, 2017

    Pharmacist In Meningitis Trial Ignored Drug Recipe, Jury Told

    A former Massachusetts pharmacist failed to follow a recipe for sterile drugs he made in 2012 that infected hundreds of people with fungal meningitis, and then gave conflicting and unfounded answers about his procedures, a federal investigator said Friday at the pharmacist’s second-degree murder trial.

  • October 6, 2017

    Blue Bell Investors Launch Del. Chancery Listeria Suit

    Investors in Blue Bell Creameries have launched a derivative lawsuit in the Delaware Chancery Court, unsealed late Thursday, accusing the ice cream maker and its board of “reprehensible” lapses connected to a deadly listeria outbreak and a “staggering” loss of value for the company.

  • October 6, 2017

    Purina Can't Duck Suit Claiming Fish Food Killed Bass

    An Illinois federal judge Friday found Purina Animal Nutrition LLC can’t duck a suit claiming its food killed thousands of bass at a fish farm despite the fact the farm did not buy directly from Purina.

  • October 6, 2017

    Texas Justices Tackle 11th Circ.'s Discovery Rule Question

    The Texas Supreme Court on Friday agreed to review a certified question from the Eleventh Circuit tied to when the clock begins to run on a personal injury claim stemming from an allegedly defective product, in a Johnson & Johnson unit pelvic mesh suit.

  • October 6, 2017

    Farmers Fight Syngenta Bid To Speed $218M Verdict Appeal

    A class of farmers asked a Kansas federal judge Thursday not to sign off on a $218 million jury verdict they won against Syngenta AG in a multidistrict litigation over genetically modified corn, saying that the global agribusiness giant had failed to show why it should be able to hurry forward its appeal of the award.

  • October 6, 2017

    Enviros Want $6M In Fees From Exxon In $20M Pollution Row

    Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.

  • October 6, 2017

    Pipeline Co. Says Subclasses Are Too Big In Oil Spill Suit

    Plains All American Pipeline LP on Thursday urged a California federal judge not to certify an oil industry subclass and a property owner subclass in a suit over a May 2015 oil spill near Santa Barbara, saying the court was correct earlier, when it denied certification of those classes.

  • October 6, 2017

    5th Circ. Sticks By $3M Exxon Contractor Coverage Ruling

    The Fifth Circuit will not rehear a case over who must pay a $3.3 million settlement Exxon Mobil Corp. reached with a subcontractor after he was severely burned in an accident, bringing an end to a contentious, yearslong suit that’s already been before the court twice.

  • October 6, 2017

    Pa. Gov. To Sign 'Right To Try' Unapproved Drugs Bill

    Pennsylvania Gov. Tom Wolf will sign a measure, which cleared the state's General Assembly this week, that would allow patients with terminal illnesses to use drugs that have not been approved for use by the U.S. Food and Drug Administration, a spokesman said Friday.

  • October 6, 2017

    Up Next At The High Court: Alien Torts & Appellate Rules

    After the Supreme Court canceled oral arguments over Donald Trump’s travel ban due to the administration’s policy change, cases involving the Alien Tort Statute and consequential questions of appellate procedure have seized the spotlight for the week of Oct. 10. Law360 highlights what to look out for.

  • October 5, 2017

    Meningitis Pharmacist Brushed Off Concerns, Colleague Says

    A Massachusetts pharmacist accused of second-degree murder for his role in the 2012 meningitis outbreak linked to his drugs was brusque and vulgar when people raised safety concerns, a former colleague testified Wednesday and Thursday.

  • October 5, 2017

    NJ Sues Insys Over Opioid Drug Push, Calls Conduct 'Evil'

    New Jersey has slammed Insys Therapeutics Inc. with a civil lawsuit accusing it of trying to squeeze more profits from its opioid-fentanyl drug Subsys by marketing it for general chronic pain treatment despite its limited regulatory approval for cancer patients, Attorney General Christopher S. Porrino announced Thursday, calling the conduct "nothing short of evil."

  • October 5, 2017

    5th Circ. Won't Ask Texas Justices To Weigh Asbestos Query

    The Fifth Circuit on Thursday refused to seek the Texas Supreme Court's guidance on whether asbestos claims fall under a standard pollution exclusion in a U.S. Fire Insurance Co. excess policy, leaving intact a ruling axing an order requiring U.S. Fire to pay another insurer $2.5 million to cover the cost of asbestos suits against a custom fabricator.

  • October 5, 2017

    2nd Bellwether Jury Says AbbVie Owes AndroGel User $140M

    An Illinois federal jury ordered AbbVie Inc. to pay an AndroGel user more than $140 million Thursday after finding the company failed to test its testosterone gel product properly for cardiovascular risks and misrepresented what it was safe to treat.

  • October 5, 2017

    New England Insulation Hit With $6.8M Asbestos Verdict

    A Boston-area jury has awarded $6.8 million to the family of a man who died of mesothelioma, holding New England Insulation liable for the man’s exposure to asbestos dust when he did part-time insulation work in his youth, the family’s attorneys announced Thursday.

  • October 5, 2017

    Pa. Judge Urged To Ax Fee Objection In NFL Concussion Case

    Attorneys for a class of ex-NFL players told a Pennsylvania federal judge on Wednesday that a challenge to their bid for $112.5 million in legal fees for work on multidistrict concussion litigation was based on out-of-date and inaccurate information about settlement payouts in the case.

  • October 5, 2017

    Widow Asks Justices For Re-Do In Fraud Suit In Lethal Crash

    A widow whose husband and four children were killed in a car crash has asked the U.S. Supreme Court to review a Second Circuit decision that found she couldn’t overturn a judgment for fraud, after General Motors Co. allegedly hid documents that could have proved the crash was caused by a mechanical defect.

  • October 5, 2017

    Insys To Pay $500K To End Mass. Opioid Marketing Claims

    Opioid manufacturer Insys Therapeutics Inc. has agreed to pay $500,000 to Attorney General Maura Healey’s office to end claims in Massachusetts state court that it unlawfully marketed a spray version of the opioid fentanyl, Healey said in a statement on Thursday.

  • October 5, 2017

    Insurer Buys More Time In Exxon Suit But Gets Scolding Too

    A Texas federal judge Wednesday expressed outrage at an insurer's request to extend by two hours and 14 minutes the deadline for filing an expert report in a coverage dispute involving ExxonMobil’s refinery equipment.

  • October 5, 2017

    German Auto Antitrust MDL Centralized In California

    The Judicial Panel on Multidistrict Litigation on Wednesday centralized at least 24 actions in California federal court that accuse German carmakers of colluding for decades on vehicle technology, rejecting proposals to move the litigation to Florida or New Jersey.

Expert Analysis

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • OIG's Warranty Safe Harbor Opinion And Value-Based Care

    Thomas Bulleit

    The recent broadening of previous guidance on the warranty safe harbor of the Anti-Kickback Statute by the U.S. Department of Health and Human Services' Office of Inspector General may facilitate many of the outcomes-based risk-sharing arrangements that drug and device sellers have been contemplating (and pursuing) as part of the movement toward value-based health care, say attorneys with Ropes & Gray LLP.

  • Ransomware And Medical Devices: A Growing Risk

    Thomas Barnard

    Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Navigating Hurdles To Bring Pheromone Pesticides To Market

    Johnny Johnson

    For a given pesticide, registration can involve a vast amount of data and many years of testing and product development. However, many of these precautions should not apply to pheromones used for pest management, and the U.S. Environmental Protection Agency has recognized this and adjusted its review of pheromone-based products, say Johnny Johnson and Christian Kerr of Lightfoot Franklin & White LLC.

  • Series

    What I Learned In My 1st Year: Never Give Up

    Alan Hoffman

    In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.