Product Liability

  • February 9, 2018

    Consumers Seek Sanctions For Destroyed Abilify Evidence

    Consumers suing Otsuka America Pharmaceutical Inc. over side effects of its antipsychotic drug Abilify asked a Florida federal judge Thursday to sanction the drugmaker for allegedly destroying important pre-2007 communications, saying Otsuka waited too long to disclose the lack of evidence it argues is crucial to its case.

  • February 9, 2018

    Samsung Must Face Class Claims On Smartwatch Battery Life

    A New Jersey federal judge let stand most of the claims in a proposed class action accusing Samsung Electronics America Inc. of misrepresenting the battery life of its Galaxy Gear S Smartwatch, ruling Thursday that the dissatisfied purchaser gave enough details to clearly describe his experience.

  • February 9, 2018

    Health Hires: Ropes, Brown Rudnick, Mallinckrodt, DLA Piper

    A wealth of health care and life sciences attorneys have been on the move lately, with new additions being welcomed at Ropes & Gray LLP, Brown Rudnick LLP, Mallinckrodt PLC, DLA Piper, Katten Muchin Rosenman LLP, Nelson Hardiman LLP, Holland & Knight LLP, Foley & Lardner LLP, Loeb & Loeb LLP and Dykema Cox Smith.

  • February 9, 2018

    Enviro Analysis Says Congress Threatens Access To Courts

    Earthjustice on Thursday released an analysis of more than 50 pieces of legislation introduced in Congress that it said could restrict the public’s ability to seek justice in court, saying the measures could “erect permanent obstacles” for people trying to defend their rights.

  • February 9, 2018

    Mass. Sens. To EPA: Make GE Send River Waste Out Of State

    A trio of congressional representatives Thursday urged the U.S. Environmental Protection Agency to reject a request by General Electric for local disposal of contaminated soil dredged from the Housatonic River after an agency appeal board threw that section of the cleanup plan into question.

  • February 9, 2018

    Attys In Vita-Mix Row Must Back Up $7.2M Fee Request

    An Ohio federal judge said Friday she needs more information about the work attorneys undertook on behalf of consumers accusing Vita-Mix Corp. of making faulty blenders before awarding them $7.2 million of an estimated $300 million settlement.

  • February 9, 2018

    Pella To Pay $26M To End Window Buyers' Defect Suit

    Pella Corporation has agreed to pay $25.75 million to resolve a class action accusing the company of making windows that leak and cause rot, according to a filing in Illinois federal court Thursday.

  • February 9, 2018

    Cherokee AG Wants Federal Opioid Jurisdiction Case Dropped

    The attorney general of the Cherokee Nation on Thursday asked an Oklahoma federal court to dismiss a suit filed by pharmacies and drug distributors aimed at halting a tribal court case against them that alleged liability for opioid addiction, saying the tribal court case had ended.

  • February 8, 2018

    J&J Hit With Stock-Drop Suit Over Claims Of Asbestos In Talc

    Johnson & Johnson and its top executives were hit with a putative class action in New Jersey federal court on Thursday alleging the company harmed its stockholders by purportedly concealing the truth underlying lawsuits and articles that contend J&J’s talcum powder products contain asbestos.

  • February 8, 2018

    MD's Knowledge Of Risks Bars Hernia Patch Defect Claims

    The Eleventh Circuit on Wednesday affirmed a lower court's dismissal of a lawsuit alleging a hernia patch made by Davol and C.R. Bard was defective, saying the attending physician's knowledge of risks associated with the product thwarted the injured patient's “failure-to-warn” claim.

  • February 8, 2018

    Sens. Unveil Bill Aimed At Curbing Opioid Crisis

    A bipartisan group of U.S. senators announced Thursday that they are introducing legislation aimed at stemming the opioid crisis, during a hearing focusing on the epidemic’s devastating impact on children and families.

  • February 8, 2018

    Claims Handler Must Face Suit Over $7.2M Asbestos Verdict

    In a judgment made public Tuesday, a New York state judge denied a motion by a claims management company indirectly owned by Warren Buffett’s Berkshire Hathaway Inc. to escape a suit claiming it blocked some of the payout on a $7.2 mesothelioma verdict claim, saying the plaintiff had made a sufficient case to go forward.

  • February 8, 2018

    Ford, Driver Fight Over $1.5M Attys’ Fees At 9th Circ.

    Ford Motor Co. on Thursday urged the Ninth Circuit to reverse a decision awarding $1.5 million in attorneys’ fees to a woman who accused the automaker of failing to disclose acceleration defects in 150,000 vehicles, arguing that a program to fix the vehicles was prompted by a federal investigation and not the woman’s lawsuit.

  • February 8, 2018

    11th Circ. Revives Defibrillator Failure Claims Against Zoll

    The Eleventh Circuit on Thursday revived the bulk of a suit alleging a faulty external defibrillator made by Zoll Services LLC failed to shock a woman’s heart after detecting a problem, saying that a lower court erred in finding her husband's claims were preempted by federal law.

  • February 8, 2018

    Fiat Chrysler Takes Early Swing At Stalling Pacificas Suit

    Fiat Chrysler told a California federal court Wednesday that a class action over Chrysler Pacificas that can allegedly stall at high speeds missed certain presuit requirements, and asked for dismissal of a claim it says is contingent on those requirements.

  • February 8, 2018

    Disney Says It’s Not Liable For Blinding By Toy It Didn't Make

    Disney's merchandising unit asked a Pennsylvania federal judge Wednesday to be removed from a lawsuit brought by a man who said he was partially blinded by the broken wing of a flying Tinkerbell doll because the company had nothing to do with making the toy.

  • February 8, 2018

    Fla. Court OKs Toss Of Engle Cases Filed For Dead Plaintiffs

    A Florida appeals court on Thursday said a lower court was right to toss several dozen Engle progeny suits filed by two law firms on behalf of smokers that “had been dead for many years,” just months after a panel of federal judges fined the same firms $9.1 million for filing nearly identical zombie suits.

  • February 8, 2018

    GM Gets Engine Defect Class Action Trimmed

    A California federal judge on Wednesday trimmed a proposed class action accusing General Motors LLC of manufacturing a vehicle engine that consumes excessive oil, potentially causing unexpected engine shutdowns or fires.

  • February 8, 2018

    EU Also Seeks Compliance Ruling In Russia WTO Pork Brawl

    The European Union asked the World Trade Organization on Wednesday to determine whether Russia has adequately scaled back its pork import restrictions, following Moscow’s lead and restoring a measure of order to a dispute that had become tangled in procedural fights.

  • February 7, 2018

    Judge Questions Attys' Fees In 2 Takata Air Bag Deals

    A Florida federal judge expressed concern Wednesday about the attorneys' fees requested in settlements worth more than $702 million between Honda, Nissan and a class of vehicle owners who sued the car manufacturers over the cost of replacing their defective Takata air bags.

Expert Analysis

  • Why Physician Choice Matters In Medical Product Cases

    Luther Munford

    When the law addresses medical judgment directly, it allows room for reasonable physician choice. But a product liability suit over a design defect may not allow any such room. To protect physician choice, courts must resist turning product liability disputes into contests where reasonable physician choice has no place, says Luther Munford of Butler Snow LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Connected Devices Bring New Product Liability Challenges

    Erin Bosman

    The U.S. Consumer Product Safety Commission is charged with protecting consumers from products that pose potential hazards. Traditionally, this has meant hazards that may cause physical injury or property damage. But as internet-connected household products proliferate, along with cybersecurity and privacy concerns, technological innovation is far outpacing the regulatory process, say attorneys with Morrison & Foerster LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Why Sales Rep Witness Tampering Accusations Matter

    Ryan O'Neil

    In two recent product liability trials, plaintiffs have alleged that witnesses were improperly contacted by pharmaceutical and medical device sales representatives. Such allegations can be damaging to a case and to attorney credibility, and can divert precious resources midtrial, while sidelining the actual products liability claims at issue, say Ryan O’Neil and Anne Gruner of Duane Morris LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • The Link Between E-Cigarette Design And Explosions

    Domenic Sanginiti.jpg

    A recent report from the U.S. Fire Administration and the Federal Emergency Management Administration links e-cigarette product design to the severity of injuries suffered in explosion incidents. Despite the report, the refusal of the e-cigarette industry to recognize product failures means more product liability claims can be expected, says Domenic Sanginiti of Stark & Stark LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • The Tide Could Be Turning On The Bare Metal Defense

    Rachel Farnsworth

    The Third Circuit recently vacated part of a ruling that turned on the application of the “bare metal defense,” the theory that a manufacturer of an asbestos-free product cannot be held liable for injuries caused by other manufacturers’ later-added asbestos-containing parts. Now the state law tide is turning in the same direction, says Rachel Farnsworth of Weil Gotshal & Manges LLP.