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Product Liability

  • October 5, 2018

    3rd Circ. Puts Chem Co. On Hook For Past Cleanup Costs

    The Third Circuit has found that current owners of contaminated properties can be held liable for prior environmental remediation costs, handing a victory Friday to the commonwealth of Pennsylvania in its $900,000 cleanup row with a chemical company.

  • October 5, 2018

    King & Spalding Adds Litigation Pro In Texas

    King & Spalding LLP has brought on in its Austin, Texas, office a former name partner from what is now Crowe Arnold & Majors LLP with experience handling major product liability and business litigation cases.

  • October 5, 2018

    Apple Wants To Hang Up FaceTime Failure Suit

    Apple Inc. has urged a California federal court to toss a consumer class action alleging the tech giant intentionally broke the FaceTime video chat service on older iPhones, arguing iPhone 4 customers didn't adequately back up their damages claims and were improperly suing over the company's design choices.

  • October 5, 2018

    Accutane Ruling Raises Bar For Garden State Labeling Claims

    The New Jersey Supreme Court has raised the bar for proving false labeling claims against drug and device companies in the Garden State with a ruling that ended more than 500 cases alleging F. Hoffmann-LaRoche Inc. didn’t adequately warn of possible gastrointestinal side effects from its acne drug Accutane.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 5, 2018

    Asbestos Firm, Insurers Reach Deal In Payback Suit

    National asbestos law firm Shrader & Associates LLP and three health insurers have reached a deal in a suit claiming the firm failed to pay the companies money out of its clients’ asbestos settlement funds, a Texas federal judge has said.

  • October 5, 2018

    Ky. Judge Finds Poetry In Refinery Explosion Coverage Case

    Drawing inspiration from 18th-century poet Alexander Pope's ruminations on forces of nature, a Kentucky federal judge has ruled that Continental Refining Co.'s claim for coverage of damage to its crude oil refinery from a 2015 explosion is clearly excluded under its equipment breakdown insurance policy.

  • October 5, 2018

    Consumers In Roof Shingle MDL Seek OK On $30M Deal

    Roof shingle maker IKO Manufacturing and a proposed class of customers who say the company’s shingles deteriorated earlier than promised have reached a $30 million deal to end the multidistrict litigation, attorneys for the plaintiffs told an Illinois federal judge.

  • October 5, 2018

    Costco To Pay CPSC $3.85M Over Defective Trash Cans

    Costco Wholesale Corp. has agreed to pay a $3.85 million civil penalty to the U.S. Consumer Product Safety Commission for failing to notify the agency when customers began complaining that its EKO Trash Cans posed a laceration hazard.

  • October 5, 2018

    Jury Clears Bard In Third IVC Bellwether Trial

    An Arizona federal jury on Friday cleared C.R. Bard Inc. of liability in the third bellwether trial over claims that the company’s clot-stopping vein filter could break and send metal pieces toward patients’ hearts.

  • October 4, 2018

    Counties Seek 9th Circ. Revival Of VW Emissions Claims

    Counties in Florida and Utah asked the Ninth Circuit on Thursday to revive their claims alleging Volkswagen AG violated local rules over tampering with emissions software in its vehicles, arguing that the district court was wrong to find that the claims are preempted by the Clean Air Act.

  • October 4, 2018

    9th Circ. Revives Trans Fat Labeling Suit Against Kroger

    A woman who claims a "zero grams of trans fat" label on Kroger breadcrumbs is misleading will get another shot at her suit against the grocer after the Ninth Circuit on Thursday reversed a lower court's ruling that her proposed class action was preempted by federal law.

  • October 4, 2018

    Purdue Must Face Trimmed Suit Over Opioid Marketing

    The New Jersey Attorney General’s Office and OxyContin producer Purdue Pharma LP on Thursday each heralded different parts of a state court decision finding the company must face a trimmed lawsuit alleging its deceptive marketing practices contributed to the opioid epidemic.

  • October 4, 2018

    3rd Circ. Won't Rehear Talc Suit That Could Move To Calif.

    The Third Circuit has declined to reconsider a California woman’s proposed federal class action alleging that Johnson & Johnson falsely advertised its baby powder as safe, and her attorneys say they now plan to move the case to state court.

  • October 4, 2018

    EPA Inspector General Sets Ambitious Five-Year Plan

    The U.S. Environmental Protection Agency’s Office of Inspector General said it wants to increase its effectiveness by 10 percent between 2019 and 2023, according to a five-year strategic plan the office released Thursday.

  • October 4, 2018

    Starbucks Accused Of Mislabeling Gummies As 'All-Natural'

    Starbucks Corp. was hit with a proposed consumer class action in California federal court Wednesday accusing the coffee giant of mislabeling its sour gummy snacks as having "all-natural" flavors and profiting off of the deception.

  • October 4, 2018

    Intuitive Investors Get $42.5M Deal With Bargain Attys' Fees

    A California federal judge on Thursday preliminarily approved Intuitive Surgical Inc.’s $42.5 million settlement with shareholders who sued over its da Vinci robotic surgery systems’ safety, a deal with a 19 percent attorneys' fee cut that discounts the $20 million in billable time the investors’ lawyers racked up.

  • October 4, 2018

    Plumbing Co. Sues Allstate Over Asbestos Suit Coverage

    A plumbing manufacturing company formerly based in Erie asked a Pennsylvania federal court on Thursday to make Allstate Insurance cover the company’s asbestos-related settlements and defense costs, including claims about exposures dating to the late 1970s or earlier.

  • October 4, 2018

    Arizona Beverage Co. Hit With 'No Preservatives' Suit

    A trio of Arizona Beverage Co. customers filed a putative class action against the company in New York federal court Wednesday, claiming it falsely markets and labels its products as having no preservatives.

  • October 4, 2018

    DOT Stresses Cooperation In Regulating Automated Vehicles

    The U.S. Department of Transportation on Thursday outlined how government agencies can prepare for computer-driven cars and trucks to enter the country’s roadway system by talking to stakeholders and working together to create compatible regulations.

Expert Analysis

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 3D-Printed Pharmaceuticals? Don't Try This At Home

    Matthew Jacobson

    A recent article in 3D Printing Industry describes a group disseminating instructions for building a 3D-printed kit that could manufacture a variety of medications. But the product liability implications of this practice — including questions over manufacturing defects, quality control and drug warnings — make it a risky proposition, says Matthew Jacobson of Reed Smith LLP.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

    Claudia Vetesi_

    This month, two lawsuits were filed in a California federal court against Transnational Foods Inc. and J.M. Smucker Co., alleging that certain products were misleadingly labeled as extra virgin olive oil when test results showed that the products were something else. But the complaints do not provide the test results or identify any applicable standards, say attorneys with Morrison & Foerster LLP.

  • LLC Derivative Claims In The Wake Of Wenske

    Adrienne B. Koch

    Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.