Product Liability

  • September 12, 2017

    Indicted Insys Execs Face October 2018 Trial

    A Massachusetts federal judge on Tuesday set an Oct. 15, 2018, trial date for six former Insys Therapeutics Inc. executives and managers accused of bribing doctors to prescribe a spray version of the opioid fentanyl intended to treat cancer pain, often to patients without cancer.

  • September 12, 2017

    DOT Unveils Voluntary Guidance For Self-Driving Cars Rollout

    The U.S. Department of Transportation on Tuesday unveiled a new federal policy that eases the process for manufacturing, testing and deploying self-driving or autonomous cars in the U.S., establishing guidelines prioritizing safety and discouraging states from drafting potentially conflicting self-driving car rules of their own.

  • September 12, 2017

    Insurance Broker Must Still Face Blinded Hockey Player Suit

    An Illinois federal judge Tuesday said she would not rethink her decision to keep an insurance broker from escaping a partially blinded hockey player’s insurance coverage lawsuit, saying a recent Seventh Circuit decision cited by the broker does not help its cause.

  • September 12, 2017

    New Firm Adds Cleveland Trial Pro To Litigation Team

    The newly formed plaintiff advocacy firm DiCello Levitt & Casey LLC has a added veteran litigator with more than 25 years of trial experience as a partner in its Cleveland office.

  • September 12, 2017

    Insurer Slams Bid For Early Win In $50M Pollution Fight

    Westfield Insurance Co. asked an Indiana federal judge Monday to reject a summary judgment motion from the neighbors of a recycling plant who are seeking the insurer’s contribution to a more than $50 million judgment in their class action over pollution, saying that they have no grounds to block its policy defense.

  • September 12, 2017

    Special Master To Oversee Discovery In J&J Talc MDL

    A New Jersey federal court on Monday detailed a retired judge’s responsibilities as special master overseeing discovery in multidistrict litigation alleging Johnson & Johnson’s talc-based products cause ovarian and uterine cancer.

  • September 12, 2017

    All Charges Dismissed In Fatal 2015 Philly Amtrak Derailment

    A Pennsylvania judge on Tuesday tossed all criminal charges against the engineer at the throttle of the Amtrak train that crashed and killed eight people in 2015 in Philadelphia, declaring that evidence presented by state prosecutors was not enough to mandate a trial.

  • September 12, 2017

    Health Plans Want RICO Suit Against Abbott Rebooted

    A proposed class of health benefit plans asked the Seventh Circuit to reboot their Racketeer Influenced and Corrupt Organizations Act suit against Abbott Laboratories Inc. over the drug Depakote on Tuesday, claiming they were the victims of the company’s promotion of the drug for off-label use.

  • September 11, 2017

    Asahi Likely Can’t Nix False Label Suit Over Brew Location

    A California judge said Monday he’s not inclined to grant Asahi Beer USA’s request to toss a putative class action claiming consumers are deceived into thinking its Canadian-brewed beer was made in Japan, saying he's not convinced Alcohol and Tobacco Tax and Trade Bureau approval of the label necessarily creates a legal safe harbor.

  • September 11, 2017

    Dairy Co. Loses Bid For Manure Contamination Suit Coverage

    A group of insurance companies don't have to cover a large-scale dairy operation's costs to defend or settle a lawsuit alleging its inadequate manure disposal methods caused groundwater contamination, a Washington federal judge ruled Monday, finding that coverage is barred under a pollution exclusion in the insurers' policies.

  • September 11, 2017

    6th Circ. Says Flint Water Crisis Suit Belongs In State Court

    A split Sixth Circuit on Monday directed that litigation against Michigan environmental officials over the Flint water crisis be returned to state court, breaking down brick by brick the officials’ argument that their work was carried out under federal orders.

  • September 11, 2017

    GCs Pick 5 Fave Firms For Their Product Liability Work

    General counsel have named their five top picks for firms they want to handle their product liability litigation, as spending in that area is forecast to grow again in the next year, according to a new report.

  • September 11, 2017

    Hamas Victims Ask High Court To OK Iranian Artifact Seizure

    Victims of a 1997 Hamas bombing have told the U.S. Supreme Court that the Seventh Circuit’s decision preventing them from seizing Persian artifacts held in two Chicago museums to satisfy a $71.5 million judgment against Iran goes against what Congress intended when it enacted a 2008 law.

  • September 11, 2017

    New York Pays $22M To Boxer's Family In Brain Injury Suit

    New York state reached a $22 million settlement Friday with the family of boxer Magomed Abdusalamov in a personal injury suit over his handling by medical officials after a 2013 fight at Madison Square Garden, which left him with a devastating brain injury.

  • September 11, 2017

    Lawn Mower Victim Denied New Trial Against Manufacturer

    A federal judge in Boston on Friday rejected a Massachusetts man’s efforts to relitigate his case alleging that lawnmower manufacturer MTD Products Ltd. caused an accident that cost him several fingers.

  • September 11, 2017

    NJ Appeals Court Revives Home Defects Coverage Suit

    A homebuilding company’s expert was owed more consideration in a dispute with an insurer over payment of a judgment against a subcontractor sued over damage caused by allegedly shoddy construction work, a New Jersey appeals court said in reviving the coverage suit Monday. 

  • September 11, 2017

    Drugmakers Slam Ohio AG's Suit Over Opioid Crisis

    Purdue Pharma, Allergan, Endo, Johnson & Johnson unit Janssen and Teva unit Cephalon urged an Ohio state court Friday to dismiss the state attorney general's allegations that the pharmaceutical companies contributed to the opioid epidemic by downplaying their treatments' risks.

  • September 11, 2017

    5th Circ. Urged To Rethink Asbestos Excess Coverage Ruling

    Trinity Lloyd's Insurance Co. asked the Fifth Circuit on Friday to reconsider an August ruling that asbestos claims fall under the pollution exemption in a U.S. Fire Insurance Co. excess policy.

  • September 11, 2017

    NJ-Exxon Mobil Deal Doesn't Protect Public, Enviros Say

    A New Jersey state senator and environmental groups on Monday urged a state appeals court to give them a chance to fight the state's $225 million settlement resolving contamination by Exxon Mobil Corp., arguing that the state Department of Environmental Protection didn't adequately represent the public's interest in the case.

  • September 11, 2017

    Diarrhea Drug Abuse Shouldn't End OTC Sales, FDA Hears

    Over-the-counter sales of Johnson & Johnson’s diarrhea drug Imodium A-D shouldn't be halted despite an uptick in fatal overdoses, a top trade group told the U.S. Food and Drug Administration in a letter released Monday.

Expert Analysis

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

    logo

    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • EPA Report Offers Glimpse Into Future Of Superfund

    Darrin Munoz

    Some of the recommendations in a report recently released by the U.S. Environmental Protection Agency represent a significant change of direction from the way the EPA has traditionally handled the Superfund program. These changes will be helpful for EPA Administrator Scott Pruitt’s goal of moving sites to completion faster than they have in the past, say Darrin Munoz and Delmar Ehrich of Faegre Baker Daniels.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Calif. Could See Increase In Drinking Water Litigation

    André Picciurro

    California recently adopted a regulation setting the country’s strictest permissible level in drinking water for a chemical compound called 1,2,3-Trichloropropane, or TCP. The adoption of this regulation in the midst of the Flint, Michigan, water crisis and growing public distrust about the safety of drinking water will likely usher in a wave of media attention and potential litigation, say attorneys with Gordon & Rees LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • 'Made In America' — What You Need To Know Now

    Daniel Herling

    The Trump administration has announced its intention to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products that unfairly sport the “Made in America” label. Companies must review both federal and state laws and regulations in this area to ensure compliance, say Daniel Herling and Richard Maidman of Mintz Levin Cohn Ferris Glovsky and Popeo PC.