Product Liability

  • April 9, 2018

    5 Attys Tapped For Pharmacy Negotiating Team In Opioid MDL

    The Ohio federal judge overseeing the massive multidistrict litigation over allegedly reckless opioid sales on Monday tapped five attorneys representing retail chain pharmacies to serve on a separate negotiating team to work on settlement talks.

  • April 9, 2018

    Fees In NFL Concussion Settlement Add To Payout Concerns

    Lead class attorneys led by Seeger Weiss LLP and Anapol Weiss are set to collect at least $107 million in fees from the potentially billion-dollar National Football League concussion litigation after a court ruling last week, raising concerns over the continued administration of the settlement amid complaints that the claims process has become too complicated.

  • April 9, 2018

    FDA Slaps 'Unique' Limit On Bayer's Essure Sales

    The U.S. Food and Drug Administration on Monday slapped an unusual limitation on Bayer AG’s sales of the birth control device Essure, saying the product can only be used if individual patients are directly informed of potentially serious side effects.

  • April 9, 2018

    Whole Foods Wants ‘Hypoallergenic’ False-Ad Suit Tossed

    Whole Foods Market Inc. urged a California federal court Friday to toss a proposed class action over the grocery chain's “hypoallergenic” products, saying the statements on the two products actually purchased in California were not misleading and that the court lacks jurisdiction over most of the allegations anyway.

  • April 9, 2018

    Mistrial Granted In Ga. Suit On Ford Rollover Death

    A Georgia judge declared a mistrial Friday in a wrongful-death case against Ford Motor Co. after the sons of a couple killed in the rollover crash of an F-250 pickup truck said a Ford witness violated a court order by testifying as to the cause of death.

  • April 9, 2018

    White House Asked To Produce Info On Opioid Crisis Work

    Two Democratic senators called on President Donald Trump on Monday to detail what progress his administration has made to carry out proposals made by a special White House commission to fight the opioid crisis, citing concerns that the administration isn’t doing enough to counter the epidemic.

  • April 6, 2018

    Mercedes Hit With Shattering-Sunroof Class Action

    Mercedes-Benz is the latest carmaker to face class claims of shattering sunroofs, after a California driver filed suit Friday in state court saying that the company knows of the problem but hasn’t seen fit to warn drivers.

  • April 6, 2018

    9th Circ. Reinvigorates Sex Aid Supplement Suit

    The Ninth Circuit partially revived a proposed class action brought by consumers alleging PharmaCare US Inc. deceptively advertised its IntenseX sexual supplement, citing the company’s alleged failure to get U.S. Food and Drug Administration approval to market it as an aphrodisiac.

  • April 6, 2018

    Bayer, J&J Botched Xarelto Bleeding Warning, Pa. Jury Told

    A second trial over internal bleeding allegedly linked to the anticoagulant Xarelto kicked off in Philadelphia on Friday as jurors heard arguments that a pair of Bayer AG and Johnson & Johnson units failed to warn doctors about the risk the medication posed when used in combination with other drugs.

  • April 6, 2018

    Health Hires: Dentons, Greenberg Traurig, Morgan Lewis

    This round of Health Hires features attorneys with health care and life sciences focuses who recently joined Dentons, Green Griffith & Borg-Breen LLP, Greenberg Traurig LLP, Hall Render Killian Heath & Lyman, Morgan Lewis & Bockius LLP and Tucker Ellis LLP.

  • April 6, 2018

    Snickers Protein Bars Overstate Protein Quality, Suit Says

    Mars Wrigley Confectionery US LLC overstates the amount and quality of protein in its Snickers Protein Bars, says a proposed class action filed Thursday in Illinois state court.

  • April 6, 2018

    Drug Cos., Pharmacies Want Pause In Cherokee Opioid Suit

    Major drug distributors and retail pharmacies on Thursday further pressed an Oklahoma federal judge to pause a suit from the Cherokee Nation filed against them over their alleged role in the opioid epidemic, saying that a decision is pending over whether the case should join ongoing multidistrict litigation in Ohio.

  • April 6, 2018

    Trump Taps NHTSA No. 2 To Head Auto Safety Regulator

    President Donald Trump said late Thursday that he plans to nominate Heidi R. King as administrator of the National Highway Traffic Safety Administration, the agency that enforces passenger vehicle safety standards and whose core mission is keeping people safe on America’s roadways.

  • April 6, 2018

    Wilson, Consumers Settle Youth Baseball Bat False Ad Suit

    Wilson Sporting Goods Co. has agreed to settle a proposed class action alleging the sports retailer falsely advertised that its youth baseball bats were eligible for use in a number of leagues even though they didn’t meet the leagues’ standards, according to a filing in Illinois federal court Thursday.

  • April 5, 2018

    8th Circ. Axes $13M Punitives, Schaeffler From Pollution Suit

    A split Eighth Circuit erased a $13 million punitive damages award Thursday for a woman who said that a Missouri ball bearing maker's factory pollution gave her a serious autoimmune disorder, saying its parent, Schaeffler Group, shouldn't have been included in the trial and the latter's presence had muddied the proceedings.

  • April 5, 2018

    Blowtorch Parts Manufacturer Sued For Causing 'Flash Fire'

    A company that manufactures metal cylinders for containing a type of propane used for handheld blowtorches was hit with a liability suit in Illinois federal court Wednesday, alleging that it negligently made the cylinders with too-thin metal, causing gas to leak and start a “flash fire” that seriously injured two men. 

  • April 5, 2018

    Blue Bell Seeks To Toss Investor Suit Over Listeria Outbreak

    Blue Bell Creameries on Thursday moved to toss an investor suit seeking damages in the wake of a deadly 2015 Listeria outbreak, telling a Delaware Chancery Court that its business structure relies on specific contract terms, rather than corporate fiduciary standards, and the investors haven't proved the company violated the contracts.

  • April 5, 2018

    Dairy Co. Sues FDA Over 'Imitation' Skim Milk Labeling Rule

    A Maryland dairy company on Thursday hit the U.S. Food and Drug Administration with a First Amendment suit in Pennsylvania federal court challenging the agency’s requirement that skim milk sold across state lines be labeled “imitation” if it doesn’t have added vitamins.

  • April 5, 2018

    Bard Meshes Didn't Harm Woman, Harvard Doctor Tells Jury

    A Harvard assistant professor and gynecological surgeon told a New Jersey jury Thursday that a woman suing C.R. Bard over allegedly defective pelvic mesh implants cannot blame the products for her post-procedure complaints, saying the woman’s preexisting conditions and later surgeries are the true culprits.

  • April 5, 2018

    NFL Concussion Class Attys Get $107M Fees Amid Scrutiny

    The Pennsylvania federal judge overseeing the National Football League concussion settlement on Thursday granted the lead class counsel’s bid for nearly $107 million in attorneys’ fees and capped fees for individual attorneys at 22 percent, praising the work of class attorneys despite allegations the deal is failing many former players.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • 11th Circ. Creates Headaches For Judges, Defense Attorneys

    Stephen McConnell

    Many bad drug and device law decisions lately have come from appellate courts, with the Eleventh Circuit in particular creating obstacle courses for both defense practitioners and judges. This month's Rowe v. Mentor Worldwide LLC ruling is an example. All the claims would have been dismissed if not for a pesky, unsound and inconsistent Eleventh Circuit case, says Stephen McConnell of Reed Smith LLP.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • Dietary Supplements And FDA: Potential For Partnership?

    David Hoffmeister

    Following recent developments in litigation over a dietary supplement between ChromaDex and Elysium Health, several points are worth noting, one of which includes whether this is the time for a voluntary, higher-level collaboration between the dietary supplement industry and the U.S. Food and Drug Administration, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Cannabis’ CEQA Challenge

    Tyler Welti

    Regulating cannabis raises California Environmental Quality Act review obligations of unprecedented scale. Focusing primarily on commercial cannabis cultivation, Tyler Welti of Venable LLP looks at some emerging CEQA risks facing both cannabis businesses seeking permits and public agencies seeking to permit or ban commercial cannabis.