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Product Liability

  • August 6, 2018

    Monsanto Faces Punitives Bid As Cancer Trial Nears End

    On the eve of closing arguments, a California judge ruled Monday that a school groundskeeper can seek punitive damages in a landmark trial over claims that Monsanto's Roundup and Ranger Pro herbicides gave him lymphoma, though the judge called evidence supporting such damages "thin."

  • August 6, 2018

    MMA Fighter's Suit Over Dietary Supplements Limps Forward

    A New York federal judge on Monday trimmed down a mixed-martial artist's suit alleging that dietary supplements sold at Vitamin Shoppe contained illicit anabolic steroids and caused him to be suspended from a league, saying that a regulatory filing isn't an advertisement aimed at consumers.

  • August 6, 2018

    Cherokee Nation Wants Purdue Opioid Row In State Court

    The Cherokee Nation on Monday pushed to send back to Oklahoma state court its lawsuit seeking to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, blasting Purdue for contending the case belongs in federal court instead.

  • August 6, 2018

    Providers Say Don't Kill Hospital Bellwether In Opioid MDL

    A coalition of 44 hospitals that say they are on the front lines of treating the opioid epidemic on Friday asked to weigh in on multidistrict litigation over the opioid crisis, arguing that efforts to dismiss a bellwether lawsuit for hospitals should be rejected.

  • August 6, 2018

    Ford Must Face Consumer's Door Latch Defect Suit

    A New York federal judge said Monday that Ford Motor Co. must face putative class allegations it failed to warn consumers of faulty door latches in its F-150 pickup trucks, saying a technical service bulletin that Ford circulated among dealerships may back claims that Ford knew of the defect.

  • August 6, 2018

    FDA Rejects Opioid Painkiller For The 4th Time

    Pain Therapeutics Inc. and Durect Corp. said Monday that the U.S. Food and Drug Administration once again had refused to approve its opioid painkiller Remoxy ER, calling the agency’s fourth decision to turn down the drug “bizarre” in light of the ongoing opioid crisis.

  • August 6, 2018

    Diet Pepsi Drinkers Ask 2nd Circ. To Revive False Ad Suit

    A pair of consumers Friday asked the Second Circuit to revive their putative class action accusing Pepsi-Cola Co. of misrepresenting that its “diet” drinks help with weight loss, saying the district court improperly dismissed their arguments and evidence.

  • August 6, 2018

    Cos. May Be Liable For Asbestos In Parts They Didn't Build

    Companies may be liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute those parts, a New Jersey state appeals court said Monday in a published opinion reviving a product liability action against Ford Motor Co. and other businesses.

  • August 3, 2018

    JPML Bundles Dozens Of Zostavax Suits In Philadelphia

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday granted Merck & Co.’s request to centralize dozens of suits alleging injuries from the company’s shingles vaccine, Zostavax, in the Eastern District of Pennsylvania, finding the suits involve common questions of fact.

  • August 3, 2018

    GM, Drivers Look To GenOn In Ch. 11 Ignition Switch Deal

    General Motors LLC and a group of vehicle owners sparred this week over what precedent GenOn Energy Inc.'s bankruptcy sets for GM's dispute over whether a class needs to be certified before a Chapter 11 settlement over legacy ignition switch lawsuits can be approved.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    Jury Awards $473.5M In Nuisance Suit Over Hog Farm

    A federal jury awarded six North Carolina residents a total of $473.5 million Friday on their nuisance claims against a pork company over the feces, urine, foul odors, flies and rumbling trucks associated with hog farms near their properties.

  • August 3, 2018

    Fiat Chrysler Subpoenas Trimmed In Tailpipe-Fraud Loss Suit

    A New York federal judge on Thursday partly agreed to quash subpoenas Fiat Chrysler issued for documents and deposition testimony from two investigators for a certified class of investors alleging the automaker lied about using emissions-cheating devices in vehicles and complying with safety recalls.

  • August 3, 2018

    Cuisinart Hit With Suit Over Exploding Pressure Cooker

    A South Dakota woman who says she was sprayed with scalding chili because of a defective lid lock on her Cuisinart pressure cooker has filed a proposed class action against the appliance company in Connecticut federal court.

  • August 3, 2018

    VW, Bondholders Spar Over Axing Emissions Fraud Suit

    Volkswagen and bondholders squared off before a California federal judge Friday over claims the automaker duped investors into buying overpriced bonds based on misleading offering documents that concealed its diesel emissions scandal, with Volkswagen arguing that bondholders haven't adequately pled they relied on the documents to make the investments.

  • August 3, 2018

    Nearly 400 Sick From McDonald's Salad, FDA Says

    The U.S. Food and Drug Administration and Centers for Disease Control and Prevention have confirmed that 395 cases of Cyclospora infection have been reported by people in 15 states who consumed salads from McDonald’s.

  • August 3, 2018

    Ex-Tenants Seek Cert. In Fire Class Action Against Developer

    Two former tenants of a luxury apartment building moved Friday in New Jersey federal court for certification in their proposed class action against the complex’s developer over a fire that temporarily displaced them and left a foul odor.

  • August 3, 2018

    Juno Investors Reach $24M Deal In Stock-Drop Class Action

    A certified class of investors in Juno Therapeutics told a Washington federal judge on Thursday that it has reached a $24 million settlement to resolve claims that the biopharmaceutical company's failure to disclose the death of one of its immunotherapy patients led to a 30 percent drop in its share price.

  • August 3, 2018

    Consumers Settle Suit Claiming Wood Shingles Were Faulty

    Consumers pursuing a putative class action against California-based Maibec Inc. for its allegedly defective wood shingles have reached a settlement, according to a filing in New Jersey federal court on Thursday.

  • August 3, 2018

    Smucker, Transnational Hit With Olive Oil Labeling Suits

    The J.M. Smucker Co. and Transnational Foods Inc. were slapped with proposed class actions in California federal court Thursday alleging that they dupe customers by labeling products as extra virgin olive oil when that's not actually the case.

Expert Analysis

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.