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Product Liability

  • November 20, 2018

    $16M Deal OK'd In Zicam Cold Meds False Ad Class Suit

    A California federal judge on Monday gave the final nod to a $16 million settlement ending class claims that Zicam LLC and Matrixx Initiatives Inc. falsely advertised their over-the-counter homeopathic remedies as able to prevent and shorten the common cold.

  • November 20, 2018

    Opera House Insurer Says HVAC Co. Owes For Burst Pipe

    The insurer for a Delaware opera house launched a federal lawsuit Monday against a company tasked with installing and monitoring the building’s heating, ventilation and air conditioning system, alleging the business is directly responsible for a system failure that led to widespread water damage at the facility.

  • November 20, 2018

    Tesla Leaves Sudden-Acceleration Claims In The Dust

    All of the named plaintiffs in a putative class action against Tesla Inc. have agreed to drop their class claims accusing the electric car maker of selling vehicles that suddenly accelerate without warning, according to a stipulation filed Monday in California federal court.

  • November 20, 2018

    Breast Implant CEO Slams SEC's Stock Fraud 'Scheme' Claim

    A breast implant manufacturing executive denied that his “isolated omission” about defects at a company manufacturing plant constitutes what the government claims was a scheme to defraud investors, according to a motion filed Monday in California federal court.

  • November 20, 2018

    Smith & Nephew Ditches Untimely Hip Implant Cases In MDL

    A Maryland federal judge has trimmed more than a dozen late-filed suits from multidistrict litigation accusing Smith & Nephew PLC of misrepresenting the safety of a hip implant device, but she allowed the majority of cases being challenged to go forward.

  • November 19, 2018

    Covil Wants $33M Fatal-Mesothelioma Award Axed

    Covil Corp. wants a North Carolina federal judge to overturn a $33 million verdict in favor of a former tire worker whose widow says he died of asbestos exposure on the job, saying the case was presented like a punitive-damages case even though the door to punitive damages was closed before trial.

  • November 19, 2018

    Pipeline Valve Maker Slips Buyer's Deceptive Practices Claim

    Pipeline valve maker Maverick International Ltd. has won dismissal of a deceptive practices claim in a suit in Texas federal court alleging it caused more than $750,000 in damages by selling a company faulty valve parts for a natural gas pipeline project.

  • November 19, 2018

    Lumber Liquidators, Insurer Must Take $36M Clash To Wis.

    A Virginia federal judge on Friday dismissed a Travelers excess insurer’s lawsuit seeking to avoid coverage of Lumber Liquidators Inc.’s $36 million settlement of product defect claims, finding that the coverage dispute can be more efficiently resolved in a parallel Wisconsin state court action that has been pending for over three years.

  • November 19, 2018

    Calif. Panel Asks Lower Court To Justify Gas Leak Plea Deal

    A California state appellate court has ordered a lower court to explain why a decision denying restitution should not be struck down as violating the constitutional rights of residents living near a record-setting natural gas leak that went on for nearly four months who claim that they were shut out of a plea agreement between the gas company and the state.

  • November 19, 2018

    FDA Was In The Dark About NECC Misconduct, Official Says

    The top drug regulator for the U.S. Food and Drug Administration testifying in the trial of a compounding pharmacy's six former employees told a Boston federal jury Monday that the agency did not fully understand the danger posed by the pharmacy, whose contaminated steroids led to a national meningitis outbreak in 2012.

  • November 19, 2018

    Ford Trucks Are 'Ticking Time Bombs,' Drivers Say

    A group of drivers who bought Ford diesel trucks with high-pressure fuel pumps from 2011 onward filed a proposed class action in California federal court Friday claiming the auto giant sold the vehicles knowing they were “ticking time bombs” prone to catastrophic engine failure.

  • November 16, 2018

    Pharma Cos. Sued Over Children Born Addicted To Opioids

    A proposed class of ill children hit more than 20 pharmaceutical companies with a suit alleging the companies sought to expand the market for opioids to increase their profits while ignoring regulations intended to keep opioids out of the black market.

  • November 16, 2018

    Allstate Fights Electrolux Bid To Trim Dryer Fire Suit

    Allstate Insurance Co. has countered Electrolux Home Products Inc.’s efforts to duck punitive damages for fires caused by certain types of clothes dryers in a Pennsylvania federal court, with the insurer pointing to multiple indicators the company allegedly knew for years that its dryers were unsafe.

  • November 16, 2018

    NJ Lawmakers, Cos. Push For Passage Of Fire Safety Bill

    New Jersey state legislators and fire officials along with concrete companies are urging the state government to adopt better safety standards for new construction following a fire that destroyed the Avalon at Edgewater multifamily complex three years ago, according to news reports.

  • November 16, 2018

    Alaska Native Health Group Added To Massive Opioid Suit

    In what the groups are calling the largest tribal complaint in history, the Arctic Slope Native Association has joined the Tanana Chiefs Conference and other Alaska Native tribal health care providers in their federal court suit against drugmakers and distributors over the opioid epidemic.  

  • November 16, 2018

    Calif. High Court To Hear Suit Against Atty Over Monster Deal

    The California Supreme Court has agreed to hear an appeal by Monster Energy Co., which is seeking to revive its suit against an attorney who allegedly breached a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for the death of a teenager.

  • November 16, 2018

    American Airlines Again Seeks To Nix Toxic Uniform Claims

    American Airlines Group Inc. has asked an Illinois federal court to once again dismiss a proposed class suit over uniforms that allegedly caused health problems for flight attendants and pilots, saying the employees haven’t shown that the airline intentionally caused them harm.

  • November 16, 2018

    Ex-Crowe & Dunlevy Director Joins Barnes & Thornburg

    Barnes & Thornburg LLP has added an experienced trial attorney and the current chair of the Texas Bar’s antitrust and business litigation section as a partner in Dallas, the firm announced.

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    2nd Mistrial Called On Claims J&J Talc Gave Atty Fatal Cancer

    The second South Carolina jury to try and decide if a 30-year-old attorney's fatal mesothelioma was caused by alleged asbestos in Johnson & Johnson talcum powder products on Thursday followed in their predecessors' footsteps and deadlocked, leading to the second mistrial in the case.

Expert Analysis

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Missouri Asks, 'Where's The Beef?'

    Martha Charepoo

    A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.