The U.S. House Committee on Transportation and Infrastructure’s ranking Democrat on Tuesday urged the White House to press ahead with a proposed rule requiring all new cars to “talk” to one another so that the public can experience the technology’s safety benefits sooner rather than later.
A day after a closely watched trial over injuries allegedly caused by the blood thinner Xarelto opened in Pennsylvania state court, attorneys battled on Tuesday over a bid to depose a Janssen Pharmaceuticals Inc. sales representative about purported efforts to influence a doctor’s testimony in the case.
Exxon Mobil Corp. and Chevron USA Inc. will pay an undisclosed sum to settle a group of Louisiana property owners’ claims that the oil companies contaminated their land, according to an agreement approved by a Louisiana federal judge Monday.
The U.S. Food and Drug Administration again found evidence of salmonella at a food ingredient factory, discovered an ingredient mix-up at a Chinese drug factory and scolded a pair of California compounding pharmacies for their sterile practices.
The U.S. Food and Drug Administration on Tuesday served up new guidance on how menus at chain restaurants and food stores can fulfill the Affordable Care Act’s calorie-disclosure mandate, but a major industry group quickly deemed the effort stale and unsatisfying.
A California federal judge on Tuesday declined Mars Inc.'s bid to sanction counsel for a consumer who unsuccessfully accused the food giant of overstating the amount of rice in servings of Uncle Ben’s Ready Rice, noting in a one-line order that "it is a close question."
Counsel for government agencies whose enforcement actions were enjoined by a litigation freeze by the Delaware bankruptcy court order on lawsuits connected to Takata’s dangerously defective airbag inflators said Tuesday they will oppose an extension, saying that “mere convenience” for the debtor is not enough to keep the freeze in place.
Travelers need not defend Actavis against lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and led to a spike in heroin use, because the underlying actions allege no accidental injuries, a California appeals court said in a published opinion Monday.
Car owners claiming some Jeep vehicles are susceptible to hacking told an Illinois federal court on Monday that Fiat Chrysler can’t duck claims it breached warranty agreements with consumers, arguing in a heavily redacted brief that they’ve obtained substantial evidence that the alleged vulnerabilities have caused injuries.
A proposed class of Kia drivers who say their vehicles’ soy-based wiring attracted hungry rodents slammed the automaker’s bid to get rid of all class allegations as “unfortunate and unnecessary,” telling a California federal court on Monday that Kia’s argument is based on nonexistent deadlines.
A Florida appeals court on Monday revived a woman’s suit asserting that she fell and sustained permanent injuries because her urologist removed a step stool from her examination room, agreeing that her claims related to ordinary as opposed to medical negligence.
Drivers suing Fiat Chrysler and Bosch in multidistrict litigation over alleged cheating on emissions testing urged a California federal court Monday to keep their claims alive, saying they suffered economic losses when they purchased or leased the vehicles.
Johnson & Johnson called a geologist Monday to tell a California jury that experts for a woman alleging she developed mesothelioma from decades of using J&J’s talcum powder products had inaccurately tested samples of J&J’s talc, presenting harmless minerals as asbestos in their testimony.
Former World Wrestling Entertainment Inc. wrestlers on Friday hit the organization with an amended 225-page complaint over concussions, a month after a Connecticut federal judge said she was inclined to side with the WWE, but gave the wrestlers a shot to file more succinct pleadings.
Attorneys for a man who had a heart attack after using Auxilium Pharmaceuticals Inc.’s product Testim told an Illinois federal jury their client suffered after the company repeatedly ignored U.S. Food and Drug Administration guidance about what Testim was safe to treat.
Takata Corp. asked the Delaware bankruptcy court Monday to extend the litigation freeze on hundreds of lawsuits over the defective air bag inflators linked to at least a dozen deaths for another 90 days past its Nov. 15 deadline, arguing that the lawsuits would pull focus from its bankruptcy exit efforts.
A trial over excessive bleeding allegedly caused by the blood-thinner Xarelto opened in Pennsylvania state court on Monday as a jury heard arguments that Johnson & Johnson and Bayer rigged a clinical trial to make the drug appear safer compared to its chief competitor.
A whistleblower urged a Georgia federal court Friday to keep alive a qui tam suit alleging Kimberly-Clark Corp. and medical technology company Halyard Health Inc. directly or indirectly submitted false claims to the Department of Veterans Affairs, Medicare and other federal programs for medical devices that were later found to be faulty.
Citing allegations that General Motors Co. installed Volkswagen-style emissions control “defeat” devices on some diesel vehicles, GM shareholders sued in Delaware Chancery Court on Monday for access to records on corporate duty compliance and said damage claims could follow.
The U.S. Consumer Product Safety Commission on Friday announced its decision that Zen Magnets LLC’s magnet sets pose a substantial product hazard that can’t be mitigated by warnings on the product, ordering the company to recall all its magnet sets.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
Last month, the U.S. Food and Drug Administration issued final guidance concerning the safety of interoperable medical devices. Complying with the guidance will help satisfy the FDA that a manufacturer has accounted for appropriate risk and safety factors, and may help defend against product liability claims, say attorneys with Morrison & Foerster LLP.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.
Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.
Recently, Home Depot became the latest mass retailer to pay a civil penalty for selling products previously recalled by the U.S. Consumer Product Safety Commission. Penalties like this signal that the CPSC has made enforcement of this issue a priority, and retailers must tightly manage their inventory to prevent such transactions from happening, says Jonathan Judge of Schiff Hardin LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.
The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.
In her dissent from the U.S. Supreme Court's holding in Bristol-Myers Squibb, Justice Sonia Sotomayor foresaw several major implications of the verdict. Now her prediction of plaintiffs having to sue defendants in multiple jurisdictions to recover for a single injury seems not only possible, but probable, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.