Product Liability

  • May 16, 2017

    Red Bull Can't Escape $60M Lawsuit Saying Drink Is Deadly

    Red Bull, maker of the famous energy drink claiming to give consumers "wings whenever you need them,” cannot escape a suit claiming $60 million in damages arising from a man’s death from a serious heart condition after he consumed large quantities of the beverage, a Georgia federal judge ruled on Tuesday.

  • May 16, 2017

    Mill Co., Insurers Blast GE Arbitral Mandate At 11th Circ.

    A steel mill operator and its insurers separately pressed the Eleventh Circuit on Monday to undo an arbitration mandate won by a French unit of General Electric Co. accused of supplying faulty motors that caused $45 million in damages, even though GE never signed the arbitration agreement.

  • May 16, 2017

    Amputation Risk Leads To Boxed Warning On Diabetes Drugs

    The U.S. Food and Drug Administration on Tuesday said it has confirmed that Janssen Pharmaceuticals’ diabetes medications Invokana and Invokamet can increase the risk of patients needing to have their legs or feet amputated and said the drugs will now require black-box warnings.

  • May 16, 2017

    Nationwide Sues Hoverboard Importer, Sellers Over Fire

    Nationwide Mutual Insurance Co. sued a hoverboard importer and sellers on Tuesday in New York federal court on behalf of a policyholder whose home caught fire after she brought home the toy.

  • May 16, 2017

    UK Mobility Scooter Antitrust Class Claim Gets Ditched

    The proposed representative of a class of mobility scooter purchasers has declined to move forward with a collective price-fixing proceeding against Pride Mobility Products Ltd. in a case that had been touted as the first under the U.K.’s class action regime, her lawyer confirmed Tuesday.

  • May 16, 2017

    Harvard Study Looks At Ways NFL Can Bolster Player Health

    Harvard Law School published a report Monday exploring the National Football League’s health policies and practices, noting that the professional football league has done a good job with player safety and suggesting areas of improvement using examples from other professional sports leagues.

  • May 16, 2017

    Pella Wants Ill. Window Buyers' Defect Action Shut Down

    Window maker Pella told an Illinois federal judge on Monday that a class action by buyers who say their windows leak also has gaps in it and can't meet the requirements of Illinois state law.

  • May 16, 2017

    Judge Nixes Claims NFL Teams Pushed Painkillers On Players

    A California federal judge on Monday dealt a potential knockout blow to claims by former NFL players alleging the league’s 32 teams pressured them to abuse prescription painkillers, dismissing all but a few claims and criticizing the players for bringing mostly unnecessary allegations to push an “advocacy-based agenda.”

  • May 16, 2017

    3M, DuPont Polluted Ala. Drinking Water, Supplier Says

    DuPont, 3M, Mohawk Industries and a host of other manufacturers have contaminated an Alabama drinking water supplier’s water source with toxic chemicals, forcing the supplier to install a new filtration system and purchase nontoxic water from a neighboring water authority, according to a complaint filed Monday in Alabama state court.

  • May 16, 2017

    Kimberly-Clark Dodges Injunction After $454M Fraud Verdict

    A California federal judge has ruled that Kimberly-Clark and its spinoff Halyard Health don’t have to issue customer warnings on top of paying a $454 million award in a class action over substandard surgical gowns, ruling the jury verdict alone was enough compensation.

  • May 16, 2017

    VW To Appeal Raid On Jones Day To German High Court

    Volkswagen AG will appeal to Germany’s highest court a recent ruling that prosecutors didn’t run afoul of the law when they raided the Munich office of Jones Day, the law firm Volkswagen hired to conduct an internal investigation of the automaker’s diesel emissions-cheating scandal.

  • May 16, 2017

    Unique Charging Process To Fuel Amtrak Engineer's Defense

    The engineer at the throttle of the fatal Philadelphia Amtrak derailment that killed eight in 2015 was poised to dodge a criminal prosecution last week, but the same highly unorthodox procedure that led to the state's attorney general charging him on Friday with a felony and two misdemeanors will undoubtedly fuel his defense.

  • May 16, 2017

    Ind. Steel Cos. To Get $2M For Cleanup Under CERCLA

    Two steel companies will receive more than $2 million in remediation costs in a long-running dispute with property owner Joslyn Manufacturing Co. related to an environmental cleanup of a site they both occupy, an Indiana federal judge has said.

  • May 15, 2017

    Ex-InterMune CEO Says Expert Would Have Changed Verdict

    The former CEO of InterMune asked a Ninth Circuit panel Monday to revive his request that a California federal judge reverse his 2009 wire fraud conviction, claiming his attorneys never presented biostatistical expert testimony that could have cleared him of allegations he made false statements about the effectiveness of a lung disease drug.

  • May 15, 2017

    Weather Co. Sued For Data Provided During El Faro Sinking

    A handful of insurers sued weather forecasting system provider StormGeo Corp. in Florida federal court on Monday, alleging one of its products was to blame for the 2015 sinking of the cargo ship El Faro that left its cargo destroyed and all 33 crew members dead.

  • May 15, 2017

    26 States Rejoin FCA AstraZeneca Suit Over Seroquel

    A New York federal judge on Monday reinstated the False Claims Act claims of 26 states, Washington, D.C., and the city of Chicago in a whistleblower suit accusing AstraZeneca PLC of hiding safety information about antipsychotic drug Seroquel, after the whistleblower acknowledged that she had no authority to voluntarily drop their claims.

  • May 15, 2017

    Insurer Urges 9th Circ. To Reverse Poop Settlement Ruling

    California Capital Insurance Co. on Friday asked the Ninth Circuit to find it can be reimbursed for settling a $1.9 million lawsuit by an apartment renter who developed a disease from pigeon-dropping dust, saying the lower court misinterpreted the insurance policies involved.

  • May 15, 2017

    Pruitt EPA Gives Cos. New Way To Fight Superfund Costs

    U.S. Environmental Protection Agency Administrator Scott Pruitt last week gave himself the final word on how the most expensive Superfund sites are cleaned up, significantly diminishing regional EPA offices' authority and providing polluters with a new avenue to push for more favorable deals, experts said.

  • May 15, 2017

    Drivers Say Fiat Clutch Defect Suit Must Go To Trial

    A proposed class of Dodge Dart drivers told a California federal court Friday that Fiat Chrysler shouldn’t be able to bring the case to a quick end because the drivers’ expert and the automaker’s own documents raise factual issues about an alleged clutch defect that need to go to trial.

  • May 15, 2017

    VW Expands Porsche, Audi SUV Recall For Fire Risk

    Volkswagen AG is broadening a recall for a fuel pump defect that can cause fires to include nearly 300,000 Porsche and Audi vehicles, according to the National Highway Traffic Safety Administration.

Expert Analysis

  • In Workplace Injuries, Don't Overlook 3rd-Party Liability

    Kendall Dunson

    Employers may be at fault when employees are injured, but many workplace injury cases are inextricably intertwined with product liability. A current case involving an auto parts manufacturing firm in Alabama shows how what may initially appear to be a workers’ compensation claim may actually turn out to be a case involving a dangerous product or piece of equipment, says Kendall Dunson of Beasley Allen.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Is Multidistrict Litigation In Need Of Reform?

    Douglas Smith

    Critics of multidistrict litigation cite problems such as meritless claims, increasing pressure to settle and a lack of scrutiny for individual cases. Congress has included proposals for MDL reform in the Fairness in Class Action Litigation Act of 2017. But in many instances, the MDL process is functioning well to effectively and efficiently resolve complex cases, says Douglas Smith of Kirkland & Ellis LLP.

  • An Earth Day Review Of 'Green Guide' False Advertising

    David Kluft

    To help prepare for the Earth Day barrage of environmental advertising claims, David Kluft of Foley Hoag LLP highlights several "Green Guide"-related matters before the Federal Trade Commission and National Advertising Division that can help marketers ensure their advertising is not deceptive.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Understanding The US Ban On Importing Forced Labor Goods

    Claire Reade

    U.S. law is clear that the United States can block the import of goods made with forced labor, and can bring enforcement actions against importers. President Donald Trump and his team have been outspoken about trade enforcement in general, with China as a particular focus. This may presage a new enforcement trend, say Claire Reade and Samuel Witten of Arnold & Porter Kaye Scholer LLP.