Product Liability

  • February 7, 2018

    Canadian Meat Processor Recalls Over 4K Lbs. Of Raw Pork

    A Canadian meat processing company has recalled more than 4,000 pounds of raw pork products after they were imported into the U.S. without proper inspection, the U.S. Department of Agriculture’s Food Safety and Inspection Service said on Wednesday.

  • February 7, 2018

    Google Sells Pixel Phone Despite Speaker Defect, Suit Says

    Google knows that its premium Pixel phones are manufactured with microphones and speakers that tend to fail, but continues to advertise and sell them anyway, according to a proposed class action filed Tuesday in California federal court.

  • February 6, 2018

    Gag Order Issued Over Opioid MDL Settlement Talks

    An Ohio federal judge Tuesday issued a gag order for the settlement negotiations pertaining to multidistrict litigation targeting the nation's largest prescription opioid sellers.

  • February 6, 2018

    Manufacturer Urges RICO Suit Revival Over Asbestos Claims

    Industrial manufacturer John Crane Inc. asked the Seventh Circuit on Tuesday to resurrect its racketeering claims in Illinois federal court accusing two asbestos plaintiffs firms of bringing fraudulent asbestos exposure claims against it, saying the lower court had incorrectly found the firms did not have enough links to the company's home state to have personal jurisdiction over the case.

  • February 6, 2018

    Nissan Fights Cert. Bid In Sports-Car Clutch Defect Suit

    A proposed class of Nissan sports car owners shouldn’t be approved because their claims involving a “soft” or “sticky” clutch pedal are dominated by individual issues, the automaker told a California federal court on Monday.

  • February 6, 2018

    FDA Warning Wire: Zimmer Biomet Zapped Again

    Zimmer Biomet once again found itself in the crosshairs of the U.S. Food and Drug Administration, which also warned two drugmakers in Asia about quality issues such as fiber particles in drug vials.

  • February 6, 2018

    4th Circ. Upholds $18.5M Boston Scientific Mesh Verdict

    The Fourth Circuit on Tuesday rejected Boston Scientific Corp.'s appeal of an $18.5 million verdict in a trial over injuries allegedly caused by its Obtryx pelvic mesh devices, saying the company had gotten a fair trial.

  • February 6, 2018

    Takata Whistleblowers Say Ch. 11 Plan Must Reserve $250M

    A pair of purported whistleblowers who say they could be entitled to up to $250 million of the nearly $1 billion restitution fund in Takata’s criminal case over faulty air bag inflators objected Tuesday to the company’s Chapter 11 plan on grounds it doesn’t take into account any pending whistleblower award.

  • February 6, 2018

    Clorox Can't Dump 'Natural' Cleaning Products False Ad Suit

    A California federal judge Tuesday denied The Clorox Co. a quick win in a putative class action alleging it falsely labeled its Green Works cleaning products as “natural,” saying a reasonable consumer could believe the label meant the products had no artificial ingredients.

  • February 6, 2018

    House Passes Bill Changing Menu Calorie Count Rules

    The House of Representatives passed a bill Tuesday to loosen nutritional reporting rules for restaurants and other establishments, as backers said the measure would help small businesses avoid repercussions for small mistakes in calorie counting.

  • February 6, 2018

    Alabama Sues Purdue Pharma Over Role In Opioid Crisis

    The state of Alabama has hit Purdue Pharma LP with a lawsuit accusing the drugmaker of exacerbating the state’s opioid epidemic by marketing the drugs as safe to treat common chronic pain and downplaying the risk of addiction, Attorney General Steve Marshall said Tuesday.

  • February 6, 2018

    Ford Wins Toss Of Mustang Defect Suit Over Class Issue

    A Florida federal judge tossed, for now, a proposed class action accusing Ford Motor Co. of misrepresenting that a type of Mustang was suitable for the racetrack, saying the 17 named plaintiffs haven’t stated where they purchased the vehicles and thus aren’t members of any proposed classes.

  • February 6, 2018

    Samsung, Sears Face Class Action Over Plasma TV Defect

    A disgruntled consumer slapped Samsung and Sears with a proposed class action in Utah federal court on Monday, alleging the pair manufactured and sold faulty plasma televisions prone to quick deaths through overheating.

  • February 6, 2018

    Hercules Wants $4.8M In Atty Fees In Drilling Fire Suit

    A drilling contractor on Monday asked a Texas federal court for $4.8 million in attorneys' fees and expenses from the owner of an offshore gas drilling platform after the court ruled the owner was required to cover the contractor’s costs in a dispute over liability for a fire that destroyed the rig.

  • February 6, 2018

    How They Won It: Salvi Nets $115M Deal For O'Hare Victim

    Salvi Schostok & Pritchard PC attorneys utilized a likable plaintiff, lucked out with a sympathetic jury and planned meticulously to win a record $148 million personal injury verdict for a young woman paralyzed after being crushed by a pedestrian shelter at O'Hare International Airport, ultimately dodging a potentially long appeals process by inking a $115 million post-verdict settlement.

  • February 5, 2018

    Jury Tacks $28M Onto Smoker's $14M Win From RJ Reynolds

    A Florida jury on Monday hit R.J. Reynolds with $27.8 million in punitive damages after finding last week the company owed nearly $14 million in compensatory damages to a woman who needed a lung transplant after smoking cigarettes for decades.

  • February 5, 2018

    Surgery Center, Estate Contest Punitives In Meningitis MDL

    A Maryland surgery center linked to a deadly meningitis outbreak involving contaminated epidural painkillers exchanged salvos Friday with the estate of a deceased patient in Massachusetts federal court multidistrict litigation over whether the estate was entitled to punitive damages under either of those states’ laws.

  • February 5, 2018

    Wis. Judge Melts Butter-Grading Law Challenge

    A Wisconsin federal judge sided with the state in a lawsuit where a dairy alleged a Wisconsin law requiring the grading of butter sold within state borders was unconstitutional, finding Monday that the state has a legitimate interest in protecting consumers.

  • February 5, 2018

    32K Homeowners Defend Cert. To 8th Circ. In State Farm Row

    A class of Arkansas homeowners who say State Farm illegally deducted “labor depreciation” from their home insurance payouts urged the Eighth Circuit on Monday not to decertify their class, saying the insurer's appeal, which relies on a 2017 Eighth Circuit decision, applies only under the law of a different state.

  • February 5, 2018

    Aaron Hernandez Brain Injury Suit Transferred To Pa. MDL

    Concussion-related claims brought against the NFL by the daughter of deceased New England Patriots tight end Aaron Hernandez were added to ongoing multidistrict litigation in Pennsylvania federal court on Monday, as the Judicial Panel for Multidistrict Litigation rejected her bid to keep the suit in Massachusetts.

Expert Analysis

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • How A Fla. Verdict Could Change Asbestos Litigation

    Stephanie Spritz

    A Florida plaintiff recently won a $6.9 million asbestos verdict against Union Carbide, overturning a previous win for the defense. The plaintiff's successful reliance on the consumer expectations test could have far-reaching effects on asbestos litigation, says Stephanie Spritz of Manion Gaynor & Manning LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Why Physician Choice Matters In Medical Product Cases

    Luther Munford

    When the law addresses medical judgment directly, it allows room for reasonable physician choice. But a product liability suit over a design defect may not allow any such room. To protect physician choice, courts must resist turning product liability disputes into contests where reasonable physician choice has no place, says Luther Munford of Butler Snow LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Connected Devices Bring New Product Liability Challenges

    Erin Bosman

    The U.S. Consumer Product Safety Commission is charged with protecting consumers from products that pose potential hazards. Traditionally, this has meant hazards that may cause physical injury or property damage. But as internet-connected household products proliferate, along with cybersecurity and privacy concerns, technological innovation is far outpacing the regulatory process, say attorneys with Morrison & Foerster LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Why Sales Rep Witness Tampering Accusations Matter

    Ryan O'Neil

    In two recent product liability trials, plaintiffs have alleged that witnesses were improperly contacted by pharmaceutical and medical device sales representatives. Such allegations can be damaging to a case and to attorney credibility, and can divert precious resources midtrial, while sidelining the actual products liability claims at issue, say Ryan O’Neil and Anne Gruner of Duane Morris LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.