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Product Liability

  • July 5, 2018

    Bristol-Myers, Otsuka Beat Suit Over Abilify Side Effects

    A West Virginia federal judge on Thursday tossed a products liability suit against Bristol-Myers Squibb and Otsuka Pharmaceutical that alleged the companies’ drug Abilify caused a man to develop a twitching condition, finding that the man’s case ignored that the medication explicitly identified his condition as a potential side effect.

  • July 5, 2018

    Feds, Wis. Defend Superfund Deal At 7th Circ.

    The federal government and the state of Wisconsin have urged the Seventh Circuit to uphold a deal with NCR Corp. and Appvion Inc. to finish cleaning up a Wisconsin Superfund site contaminated with polychlorinated biphenyls by the paper industry activity, despite paper manufacturer P.H. Glatfelter Co.'s objections.

  • July 5, 2018

    Pa. Justices To Mull Risperdal Breast-Growth Time Limit

    In a pair of cases with implications for thousands of lawsuits pending in Philadelphia against a Johnson & Johnson unit, the Pennsylvania Supreme Court agreed on Thursday to weigh when the clock began to run on claims of abnormal breast growth in adolescent boys prescribed the antipsychotic drug Risperdal.

  • July 5, 2018

    $140M Verdict Against AbbVie In Testosterone MDL Tossed

    An Illinois federal judge vacated a $140 million verdict against AbbVie Inc. from the second bellwether in multidistrict litigation over testosterone products on Thursday, saying the jury’s finding for the company on the case’s strict liability claim threw a wrench in the rest of its verdict.

  • July 5, 2018

    Shell To Hand Over $3.9M Over 2016 Gulf Oil Spill

    Shell Offshore Inc. agreed to pay nearly $3.9 million in connection with a May 2016 spill of more than 80,000 gallons of oil in the Gulf of Mexico that occurred about 100 miles from the Louisiana coast, according to a consent decree filed Thursday in federal court.

  • July 5, 2018

    Heart Meds Recalled In UK, EU, For Possible Cancer Link

    Health authorities in the United Kingdom on Thursday urged pharmacies to yank heart medicines containing valsartan, which are being recalled in Europe after it came to light that they may have been tainted with a carcinogen at a Chinese factory.

  • July 5, 2018

    Chopper Training Co. Sues Lockheed Unit Over Fatal Crash

    A helicopter training and services company has sued a division of Lockheed Martin, claiming in Pennsylvania federal court that a helicopter designed and manufactured by the division was partly responsible for a helicopter crash that killed an instructor and student.

  • July 5, 2018

    Nature's Way Oil Row Paused After 9th Circ. Hyundai Ruling

    A California federal judge on Tuesday paused a putative class action accusing Nature’s Way Products LLC of misleading consumers about the health of its coconut oil, citing the Ninth Circuit's recent decision to ax a $200 million settlement in multidistrict litigation involving automakers Hyundai and Kia.

  • July 4, 2018

    Law360 Reveals The Global 20 Firms Of 2018

    What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.

  • July 4, 2018

    How Smaller Firms Can Go Global Without Going Bankrupt

    Setting up shop across the globe may seem impossible for smaller law firms, but it can be done — and it's not the only way to get business overseas. Here, Law360 looks at what firms should think about when deciding whether, and how, to go global.

  • July 4, 2018

    Global Law Firms Bulk Up In Europe As Brexit Approaches

    With Britain less than a year from exiting the European Union, firms on Law360’s Global 20 have begun pushing deeper into the countries remaining in the bloc, adding offices and industry specialists in a shift that could rebalance how BigLaw works in the region.

  • July 3, 2018

    9th Circ. Says Car Owner Can't Intervene In Feds' VW Action

    The Ninth Circuit ruled Tuesday that a Volkswagen vehicle owner cannot slide into the federal government’s Clean Air Act enforcement suit against the German automaker over its emissions-cheating scandal, saying he doesn’t have an “unconditional right” to intervene and could’ve pursued his own separate suit.

  • July 3, 2018

    FDA Warning Wire: Pfizer Promo Video Eyed

    The U.S. Food and Drug Administration looked balefuly on a Pfizer consumer video about its Estring vaginal ring, which the agency said lacks risk information and is allegedly misleading, and took to task two Chinese drugmakers over their testing procedures.

  • July 3, 2018

    Whole Foods Gets Misleading Juice Labels Suit Trimmed

    A New York federal judge kept alive a consumer’s proposed class action accusing Whole Foods of mislabeling certain juice products, ruling that although his fraud claim failed he had raised valid questions such as whether labeling pressed juices as “fresh” was potentially confusing to consumers.

  • July 3, 2018

    Apple Sued Over IPhone Slowdowns, Defective Batteries

    A group of iPhone 6 users has filed a proposed class action against Apple Inc. in California federal court, claiming the company secretly throttled phone performance over the last year in an attempt to deal with power problems caused by a defective design.

  • July 3, 2018

    Calif. Panel Clears PG&E Of Punitives In Butte Fire Suits

    A California appeals court on Tuesday reversed a lower court’s finding that Pacific Gas and Electric Co. could be liable to pay punitive damages for allegedly failing to manage vegetation around a power line, which sparked a massive wildfire in Northern California that resulted in two deaths.

  • July 3, 2018

    Judge Wants More On Preemption In Odwalla Labeling Suit

    A California federal judge has asked for additional briefing regarding whether a consumer’s claims that Coca-Cola subsidiary Odwalla sold orange juice with misleading “no added sugar” labeling are preempted by federal law, saying she isn’t satisfied with what the parties have provided so far.

  • July 3, 2018

    Boston Scientific Can't Toss 800 Pelvic Mesh Suits

    A West Virginia federal judge on Monday denied joint bids to dismiss more than 800 suits against Boston Scientific in multidistrict litigation accusing the company of making defective pelvic mesh implants.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

Expert Analysis

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • What Businesses Must Know About FDA Menu Labeling Rules

    Robert Milligan

    Beginning in May, certain restaurants, grocers and other food establishments nationwide were required to comply with the U.S. Food and Drug Administration’s menu labeling rules. While some businesses have argued that the rules are overly broad, it appears the Trump administration has no plans to intervene, say Robert Milligan and Joshua Salinas of Seyfarth Shaw LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • A Closer Look At New Federal 'Right To Try' Law

    Phoebe Mounts

    Recently signed into law by the president, the federal Right to Try Act creates a framework for patients to access investigational new drug products. But it comes in the wake of a majority of states passing their own "right to try" laws, creating the potential for a conflict between state laws, the U.S. Food and Drug Administration’s expanded access regulations and federal statutes, say attorneys with Morgan Lewis & Bockius LLP.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Opioid MDL Order Shows Need For Broad Funding Disclosure

    Alex Dahl

    The judge in the national opioid multidistrict litigation recently ordered lawyers to disclose whether their cases are financed by third parties. This has drawn attention to courts’ responsibility to address problems surrounding third-party litigation funding, but a uniform funding disclosure requirement would be more effective, says Alex Dahl of Strategic Policy Counsel PLLC.

  • PFAS: Not Your Typical Emerging Contaminants — Part 2

    Jeffrey Dintzer

    The emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances have captured the attention of regulators and courts across the country. In the final part of this series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss how to prepare for the growing risk that PFAS regulations and litigation can pose.

  • FDA's Youth E-Cig Blitz Could Go Much Further

    Azim Chowdhury

    The U.S. Food and Drug Administration recently launched an initiative to reduce the use of e-cigarettes and related products by young people. While it is not clear how extensively the FDA will try to restrict electronic nicotine delivery systems and e-liquids, forthcoming proposals may be substantial, say Azim Chowdhury and Benjamin Wolf of Keller & Heckman LLP.

  • PFAS: Not Your Typical Emerging Contaminants — Part 1

    Jeffrey Dintzer

    The U.S. Environmental Protection Agency recently held its National Leadership Summit with the goal of “taking action” on the emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances. In part one of this two-part series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss the possible legal consequences for businesses that manufacture, sell or consume PFAS products.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.