Product Liability

  • November 8, 2017

    Volvo Can't Boot Electric Car Suit After 7th Circ. Revival

    An Illinois federal judge preserved the bulk of claims brought by a proposed class of Volvo hybrid SUV owners on Wednesday, saying the complaint, recently revived by the Seventh Circuit, has enough information to allege the company misled them on how far the car could drive on a charge.

  • November 8, 2017

    Fla. Court Reverses Smoker's $10.5M Verdict, Citing Hearsay

    A Florida appeals court on Wednesday reversed a $10.5 million jury verdict against two tobacco companies in a wrongful death suit, finding that the widower who brought the suit had improperly relied on the Surgeon General’s reports, which it considers hearsay, and remanded the case for a new trial.

  • November 8, 2017

    Pa. Judge OKs Deposition In Xarelto Witness Tampering Row

    A Pennsylvania state judge on Wednesday agreed to force a Janssen Pharmaceuticals Inc. sales representative to undergo a midtrial deposition over whether she tried to sway a physician’s testimony, in a closely watched case over injuries allegedly caused by the blood thinner Xarelto.

  • November 8, 2017

    Citgo Oil Spill Liability Should Be Trimmed, 3rd Circ. Told

    Three Citgo units on Wednesday urged the Third Circuit to scale back the refiner's liability for a $100 million-plus oil spill judgment, saying the owner of the ill-fated tanker flouted federal safety provisions and should therefore shoulder more of the payout.

  • November 8, 2017

    'End The Shenanigans,' FDA Chief Tells Big Pharma

    The U.S. Food and Drug Administration’s leader on Wednesday sharply criticized brand-name drugmakers for “shenanigans” aimed at stifling lower cost competition and promised wide-ranging action to curb perceived abuses.

  • November 8, 2017

    One In Three VW Cars In UK Still Need Defeat Device Fix

    A third of Volkswagen AG cars equipped with defeat devices to fool emissions tests have not been fixed, and the rate of repairs has slowed since the cheating scandal broke two years ago, a U.K. parliamentary committee said Wednesday.

  • November 8, 2017

    Toyota Made Trucks With Faulty Rear Bumpers, Driver Says

    Massachusetts-based Toyota dealer Ira Automotive Group LLC sold a consumer a truck with a faulty rear bumper that detached while the driver was attempting to mount the cargo bed, causing him to fall and break two bones, according to a suit filed in Massachusetts federal court on Tuesday.

  • November 7, 2017

    Calif. High Court Asked To Square State Laws With OSHA

    California’s district attorneys can use violations of the federal Occupational Safety and Health Act as a basis for leveling civil fines under the state’s unfair competition and false advertising laws, a state prosecutor told the California high court on Tuesday, arguing that OSHA doesn’t preempt the state laws.

  • November 7, 2017

    Radiation, Not J&J Talc, Caused Woman's Cancer, Jury Told

    A woman’s mesothelioma was caused by radiation therapy she received to treat an incidence of breast cancer, not her decades-long use of Johnson & Johnson’s talcum powder products, an oncologist called by the company told a California jury on Tuesday.

  • November 7, 2017

    Row Over Fumigant Winds Up In Calif. County It Was Used In

    A California state appeals court on Monday granted Dow AgroSciences LLC’s motion to move from Alameda County to Kern County a lawsuit alleging the company failed to warn Kern County residents that a soil fumigant contains a chemical known to cause cancer.

  • November 7, 2017

    Nestlé, Cargill Funded Child Slavery, 9th Circ. Told

    Six victims of human trafficking once enslaved on cocoa farms told the Ninth Circuit on Monday that Nestlé and Cargill have aided and abetted slavery in the Ivory Coast by providing slave-owners money and lobbying against legislation that could have exposed those involved.

  • November 7, 2017

    Judge Not Hot On Suit Alleging Starbucks Shorts Lattes

    A California federal judge on Tuesday asked a putative class of Starbucks Corp. customers to submit additional briefs on why she shouldn't throw out their suit claiming the coffee chain intentionally shorts customers by underfilling hot drinks, saying their theory only works if they don’t count foam.

  • November 7, 2017

    Heart Attack Not Worth Testim's Benefits, Patient Testifies

    The improved energy he got from using Auxilium’s Testim was not worth the heart attack that nearly cost him his life, the plaintiff in the first bellwether suit against the drug company under the multidistrict litigation over testosterone replacement therapy products told an Illinois federal jury Tuesday.

  • November 7, 2017

    Sharp Says It Didn't Waive Right To Fight Arbitral Gag Order

    Sharp Corp. told a D.C. federal court on Monday that it has the right to contend that a gag order barring it from discussing ongoing arbitration with units of a Chinese state-owned electronics manufacturer flouts U.S. public policy, saying the presiding arbitration center’s rules don't keep it from challenging the ruling as unenforceable in the United States.

  • November 7, 2017

    House Dem Asks White House To Act On Connected-Car Rule

    The U.S. House Committee on Transportation and Infrastructure’s ranking Democrat on Tuesday urged the White House to press ahead with a proposed rule requiring all new cars to “talk” to one another so that the public can experience the technology’s safety benefits sooner rather than later.

  • November 7, 2017

    Xarelto Trial Attys Spar Over Witness Tampering Accusations

    A day after a closely watched trial over injuries allegedly caused by the blood thinner Xarelto opened in Pennsylvania state court, attorneys battled on Tuesday over a bid to depose a Janssen Pharmaceuticals Inc. sales representative about purported efforts to influence a doctor’s testimony in the case.

  • November 7, 2017

    Exxon, Chevron Settle La. Landowners' Contamination Suit

    Exxon Mobil Corp. and Chevron USA Inc. will pay an undisclosed sum to settle a group of Louisiana property owners’ claims that the oil companies contaminated their land, according to an agreement approved by a Louisiana federal judge Monday.

  • November 7, 2017

    FDA Warning Wire: Salmonella At Food Plant

    The U.S. Food and Drug Administration again found evidence of salmonella at a food ingredient factory, discovered an ingredient mix-up at a Chinese drug factory and scolded a pair of California compounding pharmacies for their sterile practices.

  • November 7, 2017

    FDA's New Menu-Labeling Guidance Doesn't Quiet Critics

    The U.S. Food and Drug Administration on Tuesday served up new guidance on how menus at chain restaurants and food stores can fulfill the Affordable Care Act’s calorie-disclosure mandate, but a major industry group quickly deemed the effort stale and unsatisfying.

  • November 7, 2017

    Judge Denies Mars' Rice Suit Sanctions Bid In A Few Words

    A California federal judge on Tuesday declined Mars Inc.'s bid to sanction counsel for a consumer who unsuccessfully accused the food giant of overstating the amount of rice in servings of Uncle Ben’s Ready Rice, noting in a one-line order that "it is a close question."

Expert Analysis

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.