Product Liability

  • November 28, 2017

    9th Circ. Denies EPA's Bid To Move TSCA Prioritization Row

    The Ninth Circuit on Monday refused the U.S. Environmental Protection Agency's bid to transfer to the Fourth Circuit challenges by environmental groups to its rule outlining how it will prioritize which chemicals to evaluate under the recently amended Toxic Substances Control Act.

  • November 28, 2017

    Atty's Contact With Clerk Won't Sink $25M Yacht Deal

    An Illinois appellate court said a $25 million settlement of a lawsuit over a yachting accident should go forward despite improper communication between a court clerk and the injured man’s attorney while the case was on trial, saying Monday the attorney’s behavior isn’t enough to torpedo the deal.

  • November 28, 2017

    Barnes Says Cellino Wants To Burn Firm To The Ground

    One of the name partners of Cellino & Barnes PC, who is fending off an attempt by the other to dissolve the Buffalo, New York-based personal injury law firm known for its catchy jingle, accused his partner of threatening in an expletive-laden rant to “burn the place to the ground.”

  • November 28, 2017

    FDA Warning Wire: Issues At Pharmacy Linked To Vision Loss

    A compounding pharmacy linked to patients with post-surgical vision problems was found to be using grapeseed oil in some of its products, a South Korean maker of a homeopathic smoking cessation aid wasn't screening its ingredients, and a prominent California hospital had clean room lapses, according to the U.S. Food and Drug Administration. Here's this week's roundup of the agency's enforcement actions.

  • November 28, 2017

    3rd Circ. Says Firearms Teacher Can Be Sued In Cop Killing

    A firearms instructor who shot a Pennsylvania state trooper to death during a training exercise isn’t immune from a civil rights suit brought by the trooper’s mother, as the instructor disregarded safety protocols and was indifferent to the fact that he was creating an obvious risk, the Third Circuit said Tuesday.

  • November 28, 2017

    Body Armor Supply Co. Blasts Feds' Expert Bid In FCA Suit

    A Japan-based materials supplier urged a D.C. federal court Tuesday to deny the government’s request to add an expert for rebuttal purposes in its False Claims Act suit over allegedly defective body armor, saying the untimely addition would require extra effort and jeopardize a March trial date.

  • November 28, 2017

    Pa. Justices Ax Kimberly Clark Appeal In Death Benefits Row

    The Pennsylvania Supreme Court on Monday refused to hear Kimberly Clark Corp.’s appeal of a decision upholding death benefits awarded to the wife of a former employee who died of cancer following exposure to workplace carcinogens, offering no explanation as to its reasoning.

  • November 27, 2017

    Arrested Insys Founder Kicks Off Jog-Blocking Ankle Monitor

    A Massachusetts federal judge Monday ruled that the founder of Insys Therapeutics Inc. could remove an electronic monitoring device that interfered with his jogging, saying the government hadn’t shown that the billionaire, accused of orchestrating a conspiracy to bribe doctors to prescribe his opioid painkiller, was a flight risk.

  • November 27, 2017

    'Seminal' Allergan Cases Test Copycat Drug Limits

    Two recently filed lawsuits from Allergan PLC are teeing up a pivotal test of the extent to which drug compounders can mass-produce virtual copies of brand-name prescription drugs, attorneys say.

  • November 27, 2017

    J&J Unit Put Pelvic Mesh Profit Over Safety, NJ Jury Told

    Counsel for a woman alleging she has suffered debilitating pain from a pelvic floor support mesh product made by Johnson & Johnson unit Ethicon told a New Jersey jury during Monday opening statements that Ethicon had intentionally blown through safety measures in its greed for sales.

  • November 27, 2017

    Tobacco Cos. Say Juror's 'Satan' Barb Invalidates $18M Award

    Philip Morris and R.J. Reynolds asked the Florida Supreme Court Monday to throw out an $18 million damages award for a deceased smoker’s family because a juror failed to disclose his views that tobacco companies are “leeches” and compared them to Satan in a post-trial Facebook post.

  • November 27, 2017

    Insurer Needn't Cover Adult Actors' HIV Suits Against Studios

    An insurer backed by the state of California has no duty to defend pornography studios in suits brought by actors who say they contracted HIV on set, a federal judge ruled on Monday, finding that the underlying claims are either subject to a policy exclusion or must be handled through the workers' compensation system.

  • November 27, 2017

    Ford Recall Expenses Hit $1.3B In Past 14 Months

    Ford Motor Co. has disclosed more than $1.3 billion in charges for recalls since September 2016, the latest being a $267 million charge for a recall of 1.3 million vehicles for door latch issues, according to a Monday report.

  • November 27, 2017

    German Seafood Co. Appeals Dismissed VW Emissions Suit

    A German seafood distributor has appealed a German court’s dismissal of its lawsuit against Volkswagen AG for fraudulent misrepresentation regarding the automaker’s emissions cheating scandal, the distributor said Monday.

  • November 27, 2017

    Mark Fidrych's Widow's Wrongful Death Suit Nixed

    The Massachusetts Appeals Court on Monday cemented wins for Mack Trucks Inc. and Parker-Hannifin Corp. in a wrongful death lawsuit filed by the widow of former Detroit Tigers pitcher Mark S. Fidrych after he was accidentally asphyxiated while working on a dump truck that he owned.

  • November 27, 2017

    Calif. Governments Appeal Peabody's Exit From Climate Suit

    Two California counties and a city announced Sunday they’ll appeal a bankruptcy court’s decision to shield post-bankruptcy Peabody Energy from liability for driving long-term, possibly irreversible damage to the climate, as three dozen other fossil-fuel extractors continue to face the claims.

  • November 27, 2017

    Bryan Cave Atty Named Special Master In Waste Dumping Suit

    A New York federal court Monday appointed counsel from Bryan Cave LLP to manage the hefty workload in a lawsuit brought by the state’s attorney general and an environmental regulator against dozens of construction companies over their alleged dumping of hazardous materials into a Long Island town’s park.

  • November 27, 2017

    Mich., Enbridge Ink Deal To Fix Oil Pipeline Amid Review

    Michigan Gov. Rick Snyder said Monday that he has brokered a deal with Enbridge Inc. to bolster the safety of an aging oil pipeline as the state mulls its long-term future amid concerns from environmental groups, local tribes and regulators that a spill could foul the Great Lakes and other waterways.

  • November 27, 2017

    DOJ Closes J&J Witness Tampering Investigation

    Federal prosecutors in Texas have wrapped up an investigation into whether a Johnson & Johnson unit sales representative tainted another witness’s testimony during a recently completed hip implant liability trial, in which the drugmaker was hit with a $247 million verdict, Johnson & Johnson said Monday.

  • November 27, 2017

    Bad Batch Of Cookie Mix Sold At Walmart Leads To Suit

    Food product developer Rivo USA has sued foodmaker Arro Corp. in Illinois federal court, accusing it of making more than 6,000 cases of inedible chocolate chip cookie mix that got pulled from Wal-Mart Stores Inc. shelves and destroyed after complaints that it caused a burning sensation in consumers’ mouths.

Expert Analysis

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • What Companies Should Know About TSCA Consent Orders

    Martha Marrapese

    The U.S. Environmental Protection Agency's use of consent orders under the Toxic Substances Control Act and the significant new use rules that follow are catching companies off guard as they cascade through the supply chain. Martha Marrapese of Wiley Rein LLP explains considerations that go into negotiating consent orders for new chemicals and the requirements that flow from them.

  • Rejecting FTC Drug-Level Standard On Dietary Supplements

    Benjamin Mundel

    Over the past decade the Federal Trade Commission has attempted to raise the standard for dietary supplements to require drug-level randomized clinical trials. However, as demonstrated by a New York federal court's recent decision in FTC v. Quincy Bioscience Holding Company, when companies have refused to give in, courts have dismissed the FTC’s attempt to apply this standard, say Benjamin Mundel and Jacquelyn Fradette of Sidley Austin LLP.

  • Lessons From A Challenge To CPSC Civil Penalty Authority

    Sheila Millar

    Last month, a federal court resolved a legal challenge to civil penalties sought by the U.S. Consumer Product Safety Commission against Spectrum Brands for violations of the Consumer Product Safety Act. Because such lawsuits are rare, companies that make, distribute or sell consumer products should take note, say Sheila Millar and Nathan Cardon of Keller and Heckman LLP.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.