Product Liability

  • January 10, 2017

    Justices Wary Of Goodyear's 'Direct Cause' Sanction Plea

    Justices on the U.S. Supreme Court on Tuesday pressed lawyers to justify their opposing views on the appropriateness of a $2.7 million penalty levied against Goodyear Tire & Rubber Co. and two attorneys over bad-faith discovery misconduct, with at least some voicing concern about shouldering courts with the burden of trying to tie sanctions too closely to unknown litigation costs.

  • January 10, 2017

    FDA Reports Hacking Risk In St. Jude Medical Heart Devices

    Medical device maker St. Jude Medical Inc.'s smart pacemakers and defibrillators may be vulnerable to cybersecurity hacking, the U.S. Food and Drug Administration said on Monday, giving weight to late summer reports of the issues, which St. Jude vehemently contested at the time.

  • January 10, 2017

    BP Investor Attys Seek $24M From $175M Deepwater Deal

    Lead counsel for a class of investors that reached a $175 million deal with BP PLC after accusing it of downplaying the magnitude of the Deepwater Horizon oil spill in the weeks following the 2010 blowout asked a Texas federal court Monday to award $20 million in attorneys' fees and $4 million in legal costs.

  • January 10, 2017

    Sanofi Can't Ditch Ex-Worker's FCA Claims Over Cancer Drug

    Sanofi on Monday lost a bid to dodge False Claims Act allegations that it unlawfully marketed off-label uses of a cancer drug when a Pennsylvania federal judge said there was a genuine dispute over whether the marketing was false or misleading.  

  • January 10, 2017

    Feds, PG&E Spar Over Penalty In Pipeline Explosion Case

    Federal prosecutors on Monday urged a judge to impose the maximum $3 million criminal fine, along with other penalties, against Pacific Gas & Electric Co. over a deadly 2010 pipeline explosion, but the utility said adopting every recommendation from federal probation officials would unfairly expose it to even greater penalties.

  • January 10, 2017

    Pharmacist Denied Problems Amid Meningitis Probe, Jury Told

    The head of a Massachusetts compounding pharmacy had told a Centers for Disease Control official investigating the start of a meningitis outbreak that the company had no issues with testing or sterilization, the official testified this week before a federal jury.

  • January 10, 2017

    Don't Stiff Industry On EPA Chemical Panel, Chamber Says

    The U.S. Chamber of Commerce urged the U.S. Environmental Protection Agency on Monday to ensure that nominees to the Science Advisory Committee on Chemicals, which is tasked with providing independent advice at the request of the EPA administrator, include a balance of people from both academia and industry.

  • January 10, 2017

    Ford Asks For Quick End To Power Steering Defect Claims

    Ford Motor Co. on Monday sought to put a dagger in the heart of a lawsuit by California drivers who claimed the automaker hid certain power steering defects in Focus and Fusion cars from consumers, telling a federal judge a quick win is warranted because the group cannot prove damages.

  • January 10, 2017

    Sinkhole Insurers Can't Escape Brine Co.'s Claims

    A Louisiana federal judge has denied four insurance companies’ motions for dismissal in a suit arising from a massive sinkhole that opened near the underground operations of Texas Brine Co., saying Monday that the companies merely reheated arguments already rejected elsewhere.

  • January 10, 2017

    Chem, Oil, Electricity Sectors Next For EPA Safety Net Rule

    The U.S. Environmental Protection Agency said Tuesday it will make a rule to require chemical, petroleum products and electricity companies to prove they are financially capable of paying for cleanup or reclamation efforts associated with their operations.

  • January 10, 2017

    WTO Appeals Body To Decide Russia-EU Pork Row By Feb. 23

    The World Trade Organization’s Appellate Body said Tuesday it is wrapping up its analysis of a decision faulting Russia’s food safety restrictions on the European Union’s pork shipments and expects to issue a decision in the case by Feb. 23.

  • January 10, 2017

    FDA OKs Abuse-Deterrent Opioid, Minus Some Label Claims

    The U.S. Food and Drug Administration has approved a long-term opioid painkiller made by Egalet Corp. and signed off on label claims that the drug can deter abuse by injection — but not by snorting or oral use, as had been recommended by an advisory panel.

  • January 10, 2017

    NCAA Breached Protective Duty, New Concussion Suit Says

    A group of former college football players hit the National Collegiate Athletic Association and the Big 12 Conference with another proposed class action over head injuries and concussions in the sport, this time alleging in Indiana federal court that the organizations breached a contract with players that required them to warn student-athletes of potential risks and take adequate steps to protect players from head injuries.

  • January 10, 2017

    Fitbit Urges Judge To Force Arbitration In Heart Monitor Row

    Fitbit Inc. asked a California federal judge on Monday to compel arbitration in a proposed class action accusing the company of making “wildly inaccurate” fitness trackers, arguing that the consumers have had a year for discovery and that the case must now go before an arbitrator.

  • January 10, 2017

    Volvo North America Sued Over Rear Camera Glitch

    Volvo Cars of North America LLC was hit Tuesday in New Jersey federal court with a putative class action over allegedly defective rear cameras that fail to properly display an image on a screen when the car is in reverse mode, according to the complaint.

  • January 10, 2017

    Suits Over Defective Wright Hip Implant Stems Combined

    A California federal judge on Monday consolidated two cases accusing Wright Medical Technology Inc. and MicroPort Orthopedics Inc. of hiding a serious defect in their prosthetic hip implants that caused part of the implant to break "suddenly and catastrophically," ruling that joining them for a Dec. 5 trial is logical. 

  • January 10, 2017

    Whole Foods Hit With Class Action Over Supplement Claims

    Whole Foods Market Inc. was hit with a putative class action in Illinois federal court Monday, accusing the grocer of falsely marketing its St. John’s Wort supplement product as “standardized” when testing reveals different bottles contain different amounts of the active ingredient.

  • January 10, 2017

    Volkswagen To Pay $4.3B, Plead Guilty In DOJ Emissions Suit

    Volkswagen AG said Tuesday that it has reached a draft agreement with the U.S. Department of Justice in which it would plead guilty and pay $4.3 billion in penalties over the now-notorious emissions cheating scandal.

  • January 9, 2017

    Amgen Argues Decade-Old Derivative Suit Still Lacks Facts

    Amgen Inc. told a California judge Monday that a decade-old action claiming the company’s board caused more than $1 billion in damages by overseeing an off-label marketing scheme lacked facts to support “conclusory allegations” and should be tossed not “supplemented” as the shareholder plaintiffs suggested.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

Expert Analysis

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Inside The 2nd Circ. Ruling In Abbott V. Adelphia

    Brendan O'Rourke

    In Abbott Laboratories v. Adelphia Supply USAl, the Second Circuit affirmed a district court’s grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by Abbott Laboratories. The decision is notable because the authentic test strips were identical to the gray-good versions, say attorneys with Proskauer Rose LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Reliable Analysis Is Key To Addressing Ascertainability

    Stephen Cacciola

    There has been much discussion recently about the circuit court split on the ascertainability requirement in class certification. Given the uncertainty regarding which standard will ultimately prevail, and the heightened scrutiny of ascertainability by some federal courts, it is crucial for both plaintiffs and defendants to address these issues at the class certification stage, say Stephen Cacciola and Stephen Fink of Analysis Group Inc.

  • Practice Arguments For Real Appeals

    Gerald Cope

    Oral argument time is short, so advocates must prepare well in order to make the most of it. Here, Gerald Cope Jr., co-chairman of of Akerman LLP's appellate practice and former chief judge of Florida's Third District Court of Appeal, shares recommendations for an effective moot court.

  • Post-Trial Motions Can Be Key To California Appeals

    David Axelrad

    After an adverse judgment in California state court, litigants often wonder if they must bring post-trial motions in the trial court before pursuing an appeal. Such motions are not required in order to raise errors of law on appeal, but are required to seek appellate review of jury misconduct or new evidence, and might be useful for other reasons, says David Axelrad of Horvitz & Levy LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Achilles' Heel Of Investor-State Arbitration Awards

    Kenneth Reisenfeld

    The reasoning for the costs award in Philip Morris v. Uruguay was spare, and illustrates a common Achilles’ heel in investor-state awards — the tribunal paid short shrift to the standards applied and the factual and legal bases for its cost allocation determination, say Kenneth Reisenfeld and Joshua Robbins of Baker & Hostetler LLP.

  • Dying Declaration Affidavits In Asbestos Suits: A Case Study

    Kevin Hadfield

    In asbestos litigation, a plaintiff’s sole evidence of product identification may take the form of an affidavit created shortly before the claimant passes away. But these affidavits are problematic for defendants, principally because the affidavits are frequently created in the short window between a litigant’s diagnosis and his death, which may predate the filing of suit, says Kevin Hadfield of Manion Gaynor & Manning LLP.

  • Is Automotive Innovation Driving Legal Issues Around IP?

    Matthew Luby

    In an environment of constant innovation, it is important for auto companies to ensure the right resources, intellectual property information and strategic partnerships are in place. However, it is the job of law firms to educate companies about the new legal issues that accompany the changing IP landscape, says Matthew Luby of CPA Global.