Product Liability

  • April 12, 2018

    J&J Unit Wants Whistleblower Docs In Hip Implant FCA Suit

    Johnson & Johnson Services Inc. and a subsidiary on Wednesday urged a Massachusetts federal judge to compel whistleblowers accusing them of indirectly submitting false claims to the government for faulty hip replacement devices to turn over documents given to the U.S. attorney's office in connection with the False Claims Act suit.

  • April 12, 2018

    Sprinkler Co. Slams Claims Over Deadly Nursing Home Fire

    A sprinkler company targeted in a lawsuit brought by the family of a woman killed in a nursing home fire outside Philadelphia is looking to dodge potential punitive damages after arguing that the complaint failed to specifically allege what the company did wrong.

  • April 12, 2018

    FDA Proposes New Way To Approve Updated Medical Devices

    The U.S. Food and Drug Administration on Wednesday released anticipated proposed draft guidance laying out an alternative pathway for medical device manufacturers to prove that their new devices are as safe and effective as ones already on the market.

  • April 12, 2018

    General Mills Says Trans Fat Suit 'Unmistakably' Preempted

    General Mills told a California federal court that the passage of a federal statute in late 2015 "unmistakably preempts” a proposed class action alleging its baking mixes are unsafe because they use partially hydrogenated oils containing trans fat.

  • April 12, 2018

    Calif. Oil Co. Fined $12.5M Over 1,466 Alleged Violations

    A California regulator on Wednesday fined an oil company $12.5 million for what it characterized as “major safety violations” related to its work in an Orange County oil field, adding that the company was blamed for committing nearly 1,500 violations over the course of 2017.

  • April 12, 2018

    Bard Hit With $33M Pelvic Mesh Verdict In NJ

    A New Jersey state jury on Thursday said C.R. Bard Inc. must pay $33 million in compensatory damages over claims the business knew its pelvic mesh products were unsafe and failed to warn doctors about potential risks related to devices that caused a woman debilitating pain.

  • April 12, 2018

    4th Circ. Revives Kinder Morgan Gas Spill Groundwater Suit

    The Fourth Circuit on Thursday revived environmentalists’ lawsuit over a Kinder Morgan Energy Partners LP subsidiary’s gasoline pipeline spill in South Carolina, finding that the Clean Water Act covers their claims that the spill contaminated nearby creeks and wetlands after traveling through groundwater.

  • April 11, 2018

    Opioid MDL Judge Sets Litigation Plan, Bashes DEA

    The Ohio federal judge supervising multidistrict litigation over the opioid crisis created a detailed briefing and trial plan Wednesday and hammered the U.S. Drug Enforcement Administration for resisting disclosure of data about opioid transactions.

  • April 11, 2018

    Bard Hustled Defective Meshes To Market, Jury Told In Closing

    C.R. Bard pushed a pair of pelvic mesh devices to market without proper testing or warning, counsel for a woman alleging harm from those devices told a New Jersey jury during Wednesday closing arguments, and Bard countered there isn’t evidence the devices harmed the woman.

  • April 11, 2018

    Dog Trainer Says Pet Food Contains Lead, Other Toxins

    A pet owner hit Champion Petfoods with a proposed class action in Massachusetts federal court on Wednesday alleging that its Acana and Orijen brands of pet food are tainted with mercury, lead and arsenic, despite their marketing of the foods as safe and pure.

  • April 11, 2018

    Lathrop Gage Snags LA Insurance Partner From Latham

    Lathrop Gage LLP has added an insurance recovery and counseling partner from Latham & Watkins LLP to its Los Angeles office, the firm announced Tuesday.

  • April 11, 2018

    Air Force To Review Non-Fatal Aviation Incidents

    The U.S. Air Force’s chief of staff has ordered a review of low-level aviation incidents after seeing a recent increase in these sorts of non-fatal mishaps, a spokeswoman for the service said Wednesday.

  • April 11, 2018

    Suppliers Fight Roofing Co.'s Attys' Fee Bid At 11th Circ.

    Two roofing materials suppliers on Tuesday asked the Eleventh Circuit to affirm a Florida district court’s ruling that roofing company Thermoset Corp. is not entitled to attorneys’ fees for the wrongful removal of a lawsuit over allegedly defective water-based adhesive, citing Thermoset’s own stumbles.

  • April 11, 2018

    Fiat Chrysler, DOJ Emissions Settlement Talks Moving Ahead

    Special master Kenneth Feinberg on Tuesday told a California federal judge overseeing multidistrict litigation over allegations that Fiat Chrysler installed emissions-cheating devices in its vehicles that settlement talks with the federal government and the California Air Resources Board are moving swiftly.

  • April 11, 2018

    Odwalla Fights Consumers' Cert. Bid In 'No Added Sugar' Row

    The Coca-Cola Co.-owned fruit juice brand Odwalla Inc. on Tuesday urged a California federal court not to certify three classes of consumers who purchased orange juice with an allegedly misleading "no added sugar" label, saying the claims are "undoubtedly preempted" by U.S. Food and Drug Administration guidance.

  • April 11, 2018

    Navajo Nation Is Latest To Sue Pharma Cos. Over Opioids

    The Navajo Nation on Wednesday hit a host of drug distributors, manufacturers and pharmacies with a federal lawsuit accusing the companies of causing the opioid crisis, the latest case in a string of lawsuits over the epidemic.

  • April 11, 2018

    Lewis Brisbois Nabs Product Liability Atty For Philly Office

    Lewis Brisbois Bisgaard & Smith LLP has added a product liability attorney as a partner in its Philadelphia office, saying in an announcement Tuesday that the firm expected he would be an asset in expanding the four-year-old office.

  • April 11, 2018

    Latent Onset Of CTE Doesn't Stop Claims, Ohio Justices Hear

    An attorney for a deceased former University of Notre Dame football player told the Ohio Supreme Court during a hearing Wednesday that CTE is “the signature latent disease in football,” urging the justices to keep alive the player’s claims against the school and the NCAA despite last playing football nearly 40 years ago.

  • April 11, 2018

    Farmers Win OK Of $1.5B Syngenta GMO Corn Settlement

    A Kansas federal judge granted preliminary approval of a mediated $1.51 billion settlement agreement hashed out by farmers in all but four cases involved in multidistrict litigation over Syngenta AG’s genetically modified corn seed.

  • April 11, 2018

    Hercules Must Cover $5.5M In Fees In Oil Rig Fire Suit

    Hercules Offshore Inc. must indemnify a subcontractor for about $5.5 million in attorneys’ fees and expenses incurred in litigation stemming from a Louisiana offshore rig blowout, but Hercules itself is entitled to recoup those costs from an oil production company, a Texas federal judge ruled Tuesday.

Expert Analysis

  • Discovery Challenges In Transnational Class Actions

    Glenn Zakaib

    Plaintiffs in a recent case in Canada brought a motion for production of 120 million pages of documents by a Canadian drug company that had previously been produced by its U.S. and German affiliates in a parallel U.S. class proceeding. This highlights the risks of productions in one jurisdiction later being deemed relevant in foreign litigation, say attorneys with Borden Ladner Gervais LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive, raising several questions about the cost, says Adam Fleischer of BatesCarey LLP.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an ANDA, or abbreviated new drug application — as opposed to an NDA, or new drug application — federal regulation of drug labeling preempts state-law failure-to-warn claims, says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.