Product Liability

  • March 15, 2017

    FDA Panel Says Endo Painkiller Risks Exceed Benefits

    A U.S. Food and Drug Administration advisory committee tasked with reviewing the risks of Endo Pharmaceutical’s opioid painkiller Opana ER determined that they outweigh its benefits on Tuesday, following a two-day discussion of whether the pills’ reformulation deterred abuse.

  • March 15, 2017

    Ford Pickup Owners Say Doors Fail In Sub-Freezing Temps

    A New York state pickup truck owner hit Ford Motor Co. with a putative class action alleging its F-150 pickup trucks aren’t as “Ford Tough” as commercials claim, saying the vehicles’ doors fail to latch closed and lock in below-freezing temperatures.

  • March 15, 2017

    Amtrak Ducks Suit For $1.6M Derailment Victim's Hospital Bill

    A Pennsylvania federal judge on Wednesday tossed Temple University Hospital’s bid to get Amtrak to reimburse it for $1.6 million it spent treating an injured passenger from Amtrak’s fatal May 2015 train derailment in Philadelphia, saying there’s no enforceable contract placing Amtrak on the hook for the bill.

  • March 15, 2017

    Army, Airport Services Co. Owe $5.9M For Plane Damage

    The U.S. Army and a private airport services company owe $5.9 million to a company alleging that its plane was damaged beyond repair thanks to the purportedly negligent handling of an Army Blackhawk helicopter, a Mississippi federal judge ruled Wednesday.

  • March 15, 2017

    Groups Push For Permanent Delaware Watershed Frack Ban

    More than 180 groups including the Delaware Riverkeeper Network, Sierra Club, Earthjustice and Greenpeace USA submitted a letter to the Delaware River Basin Commission Wednesday calling for a permanent ban on fracking within the Delaware River Watershed, according to a news release announcing the request.

  • March 15, 2017

    'Incoherent' Args Can't Defeat Roca Asset Freeze, FTC Says

    The Federal Trade Commission on Tuesday urged a Florida judge to ignore “incoherent arguments and misleading statements” put forward by diet pill maker Roca Labs and its owners in an attempt to vacate a temporary injunction freezing its assets in the agency’s false advertising lawsuit against them.

  • March 15, 2017

    VW Slams 'Windfall' Sought By Objectors To Emissions Deal

    Volkswagen AG on Tuesday swung back at a restitution bid by a group of objecting drivers in criminal proceedings over the company's emissions cheating scandal, telling a Michigan federal court on Tuesday that figuring out what each individual driver is due would inordinately draw out the litigation.

  • March 15, 2017

    High Court Urged To Reverse Calif. Justices' Plavix Ruling

    The federal government has taken a stand on a controversial California high court ruling that allowed nearly 600 out-of-state residents to sue Bristol-Myers Squibb Co. over Plavix, telling the U.S. Supreme Court the decision was bad for foreign relations and at odds with the Fourteenth Amendment.

  • March 15, 2017

    Lap Band Surgery Biz Loses Calif. Arbitration Bid Appeal

    A California appellate panel on Tuesday tossed out an arbitration bid from the company behind the 1-800-Get Thin weight-loss surgery advertisements, citing a $1.3 million settlement that was already reached between the company and consumers alleging false advertising law violations.

  • March 15, 2017

    J&J Wants Pa. Mesh Cases Paused For Jurisdiction Appeal

    A Johnson & Johnson unit urged a Pennsylvania state judge to pause more than a hundred pending cases from out-of-state plaintiffs over injuries allegedly caused by defective pelvic mesh products while the U.S. Supreme Court hears an appeal over jurisdictional issues.

  • March 15, 2017

    DQ Sought In Burn Victim Estate's Legal Malpractice Case

    Walker Morgan LLP urged a South Carolina federal court Wednesday to disqualify two attorneys and their firm from representing a burn victim's estate in a malpractice case against Walker, saying the lawyers are key witnesses to its fraud and negligence counterclaims.

  • March 15, 2017

    Insurer Asks Judge To Nix Coverage Of Sports Tape Claims

    An insurance company asked a Massachusetts federal judge Wednesday to rule that it doesn’t have to indemnify its customer in most of a proposed class action over whether its pain-relieving sports tape actually worked.

  • March 15, 2017

    DOJ Gets Injunction On Contaminated Milk Powder Products

    Valley Milk Products LLC has been permanently banned from selling more than four million pounds of milk powder that the U.S. Food and Drug Administration seized in November unless the company can prove the products are no longer contaminated, the U.S. Department of Justice said Wednesday.

  • March 15, 2017

    Schumer, Blumenthal Criticize Gorsuch For Labor Rulings

    A pair of top Democrats continued their criticism of President Donald Trump’s U.S. Supreme Court pick Wednesday, saying Judge Neil Gorsuch “has to answer” questions on his prior cases on consumer protections and labor law.

  • March 15, 2017

    Petroleum Cos. Fined $3M For Calif. Enviro Violations

    A California court has ordered Golden Gate Petroleum and two other petroleum distributors to pay $3 million in suspended civil fines for violating environmental protection laws at their retail service stations, saying the companies haven’t complied with a previous order to cure those environmental violations.

  • March 14, 2017

    5th Circ. Won't Revive $266B FCA Suit Over BP Atlantis Regs

    The Fifth Circuit on Tuesday affirmed a Texas federal judge's disposal of a $266 billion False Claims Act suit involving BP PLC's Gulf of Mexico-based Atlantis oil production facility after saying there were no material facts in dispute over whether BP properly certified engineering designs.

  • March 14, 2017

    Sens. Seek Food Safety Review For Foreign Sales Of US Cos.

    A bipartisan pair of senators on Tuesday unveiled legislation aimed at making sure that overseas companies who want to buy American companies have to go through a review to make sure that the deal wouldn’t imperil food security and safety in the U.S.

  • March 14, 2017

    Medical Device Maker Seeks To Kill Weight Loss System Suit

    Medical device maker Syneron Candela on Tuesday asked an Illinois federal court to kill a proposed class action by a Chicago plastic surgeon alleging the company had misrepresented the results from a weight loss device, saying the contract of sale clearly states any dispute should be governed by Massachusetts law.

  • March 14, 2017

    GSK Owes $12M To Widow of Reed Smith Atty, Jury Hears

    The widow of a Reed Smith LLP partner who took his own life in 2010 says pharmaceutical giant GlaxoSmithKline owes her $12 million for the role that a generic Paxil prescription played in the attorney's death, a role that the company strenuously denied at the opening of a federal jury trial Tuesday.

  • March 14, 2017

    Class Certification Denied In $1.5B Chevron Rig Blast Suit

    A California federal judge refused Monday to certify a proposed class seeking $1.5 billion in damages from Chevron Corp. for a deadly 2012 natural gas rig explosion off Nigeria, citing issues with the reliability of evidence, the credibility of the named plaintiff and the abilities of his counsel.

Expert Analysis

  • California Omissions Claims: Safety Required?

    David Stein

    California has the nation’s most powerful consumer protection statutes, but in recent years, the state’s federal courts have imposed a major constraint on omission claims brought under those statutes. The good news for consumers is that recent developments suggest this constrictive view of California consumer protection law is ending, say David Stein and Amanda Karl of Girard Gibbs LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 2

    Angela Higgins

    The U.S. Supreme Court has been clear that contact-based specific personal jurisdiction requires that a particular plaintiff’s claim arise out of the defendant’s contacts with the forum state. Still, California, Missouri and some other jurisdictions have let nonresidents use their states to litigate disputes that are wholly unrelated to defendants’ conduct within the state, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Adapting Supply Relationships To Embrace Disruptive Tech

    Marjorie H. Loeb

    Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 1

    Angela Higgins

    The U.S. Supreme Court has accepted certiorari in Bristol-Myers Squibb Co. v. Superior Court of California. This case is straight from the same playbook that has led dozens of out-of-state plaintiffs to sue out-of-state defendants in the Circuit Court of the City of St. Louis, though Missouri has no legal or logical relationship to these plaintiffs’ claims, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Understanding CMS' New Settlement Reporting Thresholds

    David Farber

    When a Medicare beneficiary receives a liability insurance settlement, it must be reported to the Centers for Medicare and Medicaid Services, so Medicare can recover any payments for related treatment. CMS' new guidance lowers the settlement amount that triggers the reporting requirement, and resolves an earlier discrepancy, say David Farber and Lynn McKay of King & Spalding LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.