Product Liability

  • February 8, 2017

    Philly Building Collapse Trial Ends In $227M Settlement

    The civil trial over a 2013 fatal building collapse in Philadelphia — the longest in the city’s history — came to an abrupt end Wednesday with all parties agreeing to a $227 million settlement.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 7, 2017

    Pa. Judge Explains Bench Toss Of Paxil Birth Defect Suit

    A Pennsylvania state judge on Tuesday issued a written opinion elaborating on his bench ruling from last year dismissing a cardiac birth defect suit against GlaxoSmithKline PLC relating to the antidepressant Paxil, asserting his ruling "was an unfortunate, but absolute, necessity" due to an omitted witness question.

  • February 7, 2017

    Decadeslong Smoker Couldn't Know Cigs' Danger, Jury Hears

    A woman who died from chronic obstructive pulmonary disorder after smoking Winstons for decades should not be held responsible for decades of smoking in which she had no way of knowing the danger she was putting herself in, a lawyer told a Florida jury Tuesday in closing arguments in an Engle-progeny trial.

  • February 7, 2017

    AIG Policies Don't Cover Unfair Competition Deal, Judge Says

    A Texas magistrate judge on Tuesday found that an AIG unit's policies don't cover agricultural product company Stoller Enterprises Inc.'s settlement of an unfair competition lawsuit, but said Stoller should be allowed to pursue its claims that the insurer's claims handling practices violated the state insurance code.

  • February 7, 2017

    RJ Reynolds Cast Doubt On Dangers Of Smoking, Jury Told

    A World War II hero who died of lung disease never knew how bad smoking was for him because R.J. Reynolds and other tobacco companies sowed doubt around many scientific findings about the dangers of cigarettes, his family's lawyer told a Florida jury Tuesday.

  • February 7, 2017

    Mich. Gov. Snyder, Engineering Firms Dodge Flint Suits

    A Michigan federal judge on Friday tossed two proposed class actions stemming from the Flint lead-tainted drinking water crisis, both of which targeted Gov. Rick Snyder and other state and local officials, and one that also took aim at four engineering firms

  • February 7, 2017

    Cosmetics Trade Group Wants Out Of J&J Talc MDL

    A non-profit cosmetics trade association on Monday sought to escape multidistrict litigation in New Jersey alleging Johnson & Johnson marketed unsafe talcum powder products, saying that it didn't make or sell any of the products and its lobbying and public relations activities are protected by the First Amendment.

  • February 7, 2017

    FDA Warning Wire: Dirty Dentures, Contact Lenses, Chocolate

    A dental implant maker cleaned fake teeth with filthy equipment, a contact lens manufacturer didn’t create policies for reporting serious injuries, and a supplement maker misled consumers about its chocolate, according to warning letters published Tuesday by the U.S. Food and Drug Administration.

  • February 7, 2017

    Consumers Seek Class Cert. In Whirlpool Energy Label Row

    A putative class of consumers on Monday asked a New York federal court for class certification in its fraud suit against Whirlpool Corp. over washing machines that are allegedly labeled falsely as energy-efficient, telling the judge the case should receive certification because every machine sold bore the same label.

  • February 7, 2017

    Attys Say No Immunity For Makers In Self-Driving Car Regs

    Plaintiffs attorneys said Tuesday that regulatory proposals governing the rollout of driverless vehicles should not give car manufacturers blanket legal immunity for injuries caused by their products, maintaining that the courts will serve as the best arbiters on liability issues.

  • February 7, 2017

    Invicta Wants Suit Over Leaky Water-Resistant Watches Nixed

    Watchmaker Invicta urged a Florida federal court Monday to dismiss a putative class action alleging its Pro Diver series timepieces allow water to leak in, saying it never warranted the watches as waterproof.

  • February 7, 2017

    French Prosecutors To Review Fiat Chrysler Emissions Case

    French authorities on Monday said they were referring Fiat Chrysler for possible prosecution following an investigation of the emissions levels produced by its diesel vehicles, making it the third automaker to face the prospect of prosecution following Volkswagen’s emissions scandal.

  • February 7, 2017

    Posner Heaps Doubt On Glaucoma Dropper Class Claims

    U.S. Circuit Judge Richard Posner expressed concern Tuesday at the Seventh Circuit that a class of glaucoma sufferers was using a suit against Allergan Inc. and other drugmakers to force a smaller eyedrops dispenser onto the marketplace, saying repeatedly that it didn’t make sense for drugmakers to keep a product from the market if consumers want it.

  • February 7, 2017

    Boston U. CTE Center Says Research Requests Violate Privacy

    The Boston University CTE Center pushed back Monday against the National Hockey League’s effort to force the production of documents related to its research of the degenerative brain condition chronic traumatic encephalopathy in the league’s concussion litigation, saying the materials would violate the privacy rights of research subjects.

  • February 6, 2017

    Infiniti Buyers Near Cert. With InTouch False Ad Suit

    A California federal judge on Monday said he was “leaning” toward certifying a class of Infiniti owners claiming their InTouch entertainment systems didn’t deliver on advertised features such as music streaming, but said he would consider Nissan’s argument that vehicles weren't purchased due to promotion of that feature.

  • February 6, 2017

    GE Unit Again Wins Arbitration Bid In Faulty Motor Row

    Days after ordering a French unit of General Electric Co., a steel mill operator and one of its insurers to arbitrate in Germany claims that GE supplied faulty motors that caused $45 million in damages, an Alabama federal judge on Friday ordered several other insurers to arbitrate the dispute as well.

  • February 6, 2017

    Relator Who Dropped L-3 FCA Case Denied Cut Of Settlement

    A New York federal judge ruled Friday that a whistleblower’s voluntary dismissal of his False Claims Act suit against an L-3 Communications unit, accusing it of selling faulty gun sights to the government, meant he could not claim a share of a $25.6 million settlement later reached with the company.

  • February 6, 2017

    4th Circ. Urged To Not Revive Army Chemical Weapons Suit

    The federal government on Monday urged the Fourth Circuit to reject Maryland residents’ class allegations that the U.S. Army is liable for injuries and deaths caused by its negligent disposal of toxic chemicals at a medical facility that once housed a biological weapons program.

  • February 6, 2017

    Insurer Sues Fire Safety Cos. Over $1M McDonald’s Fire

    Homeland Insurance hit two fire equipment testing firms with a lawsuit and demand for damages in Washington federal court Friday, following a fire at a McDonald’s it insured that Homeland says cost it over $1 million and resulted from faulty installation of monitoring and fire safety equipment.

Expert Analysis

  • Why The Learned Intermediary Doctrine Should Survive

    Robert B. Friedman

    As the doctor-patient relationship has evolved over time, some courts have challenged the learned intermediary doctrine. Although patients now have greater access to information, the LID's core justifications have not changed, so the doctrine should continue to exist, say Robert Friedman and Mark Sentenac of King & Spalding LLP.

  • 2 States, 2 Visions For Driverless Vehicle Regulation

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    When it comes to automated vehicles on public roads, a new Michigan law and draft regulations in California present competing approaches to balancing innovation with safety. Michigan takes a permissive approach, allowing automakers to experiment with technologies and business models, while California proposes extensive vetting of automated vehicles before they hit the road, say Michael Reynolds and Jason Orr of O'Melveny & Myers LLP.

  • Top 5 Drug And Device Developments Of 2016

    Christine Kain

    This is a moment to reflect on some of the past year’s biggest developments in drug and device litigation. From video streaming of witness testimony to exclusion of plaintiff experts on scientific grounds, 2016 saw many significant decisions that may impact future cases, say Christine Kain, Patrick Reilly and Joseph Price of Faegre Baker Daniels LLP.

  • Opposing Class Cert. At 9th Circ. Just Got Tougher

    Michelle Gillette

    By eliminating the ascertainability requirement to certify a class, the Ninth Circuit’s recent decision in Briseno v. ConAgra Foods followed in the footsteps of the Sixth, Seventh and Eighth Circuits, while disagreeing with the Third Circuit. However, it left the door open for opposition to certification in cases that pose more serious obstacles to reliably “ascertaining” class members, say attorneys at Crowell & Moring LLP.

  • Course Corrections For Oil Spill Cleanup Reimbursements

    Lawrence I. Kiern

    A D.C. federal court’s recent decision in Water Quality Insurance Syndicate v. U.S. overturned the U.S. Coast Guard National Pollution Funds Center’s action in the matter of an oil spill from an offshore supply vessel. The ruling promises new hope for responsible parties that their statutory right to limitation of liability will actually be honored in practice, says Lawrence Kiern of Winston & Strawn LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Potential SAFETY Act Issues For Insurers To Consider

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    Although the Support Antiterrorism by Fostering Effective Technologies Act provides numerous protections for sellers of qualified antiterrorism technology, several uncertainties surround the questions of if and how the act would apply to a mass-loss event. Insurance carriers should enact their own safeguards against the act's uncertain application, says Brandon Almond of Troutman Sanders LLP.

  • Punitive Damages: Post-Campbell, Questions Remain

    Allison Ebeck

    The U.S. Supreme Court has established a framework that requires a case-by-case, fact-based inquiry to gauge punitive damages. Procedural safeguards and substantive due process restrictions have been gradually imposed on punitive damage awards since such limitations were first considered in 1988. But approaches and results have been and remain inconsistent, says Allison Ebeck of Eckert Seamans Cherin & Mellott LLC.