Product Liability

  • November 7, 2017

    House Dem Asks White House To Act On Connected-Car Rule

    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.

  • November 7, 2017

    Xarelto Trial Attys Spar Over Witness Tampering Accusations

    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.

  • November 7, 2017

    Exxon, Chevron Settle La. Landowners' Contamination Suit

    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.

  • November 7, 2017

    FDA Warning Wire: Salmonella At Food Plant

    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.

  • November 7, 2017

    FDA's New Menu-Labeling Guidance Doesn't Quiet Critics

    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.

  • November 7, 2017

    Judge Denies Mars' Rice Suit Sanctions Bid In A Few Words

    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."

  • November 7, 2017

    States Oppose Takata's Bid To Extend Airbag Lawsuit Freeze

    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.

  • November 7, 2017

    Actavis Not Owed Opioid Defense, Calif. Appeals Court Says

    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.

  • November 7, 2017

    Drivers Fight Fiat Chrysler's Quick Win Bid In Jeep Hack Suit

    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.

  • November 7, 2017

    Drivers Slam Kia's Bid To Cut Class Claims In Wiring Suit

    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.

  • November 7, 2017

    Fla. Appeals Panel Revives Negligence Suit Against Urologist

    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.

  • November 7, 2017

    Fiat, Bosch Can’t Escape Emissions MDL, Diesel Drivers Say

    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.

  • November 6, 2017

    'Asbestos' In J&J Talc Was False Positive, Jury Told

    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.

  • November 6, 2017

    Ex-Wrestlers Take Second Shot At Brain Injury Suit

    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.

  • November 6, 2017

    Auxilium Ignored FDA's Limits On Testim's Use, Jury Told

    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.

  • November 6, 2017

    Takata Seeks To Pause Air Bag Suits For Another 90 Days

    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.

  • November 6, 2017

    Janssen, Bayer Rigged Xarelto Trial, Philly Jury Hears

    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.

  • November 6, 2017

    Feds Fight Kimberly-Clark's Bid To Have FCA Suit Tossed

    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.

  • November 6, 2017

    GM Investors Sue In Del. For Emissions Compliance Records

    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.

  • November 6, 2017

    CPSC Orders Zen Magnets To Stop Sales Due To Injury Risk

    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.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    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.

  • Understanding FDA Guidance On Connected Medical Devices

    Erin Bosman

    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.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    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.

  • Default Dates Of 1st Exposure Can Lead To Conflict

    Jim Dorion

    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.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    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.

  • Retailers Must Prevent Sales Of Recalled Products

    Jonathan Judge

    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.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    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.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    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.

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    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.

  • How Bristol-Myers Squibb May Transform Class Actions

    Richard Dean

    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.