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Product Liability

  • October 26, 2018

    Abbott, AbbVie Pay $25M Over Off-Label Promos, Kickbacks

    Abbott Laboratories and AbbVie Inc. will fork over $25 million to end a whistleblower's False Claims Act case alleging off-label promotion of triglyceride drug TriCor and unlawful kickbacks in the form of gift baskets and gift cards, the U.S. Department of Justice said Friday.

  • September 28, 2018

    DOI Rolls Back Some Offshore Drilling Safety Regs

    The U.S. Department of the Interior on Friday finalized a new offshore oil and gas drilling rule that it touted as reducing the regulatory burden on companies, but green groups slammed it for rolling back worker safety and environmental protections.

  • October 26, 2018

    Lenny & Larry’s Offers $5M Cash, Free Cookies In Settlement

    Vegan cookie company Lenny & Larry’s Inc. has reached a $5 million settlement with a proposed class of customers accusing the company of misstating the nutritional value of its cookies, offering some customers free products as part of the deal.

  • October 26, 2018

    Ropes & Gray Adds Ex-FDA Enforcement Pro In DC

    Ropes & Gray LLP has grown its life sciences practice in Washington, D.C., with the addition of Beth P. Weinman, former associate chief counsel for enforcement at the U.S. Food and Drug Administration.

  • October 25, 2018

    Valeant Poised To Pursue Label Suits Over IBS Drug Copycats

    A California federal judge said Thursday he'll likely allow Valeant to proceed with lawsuits alleging two pharmaceutical companies falsely advertised U.S. Food and Drug Administration approval of copycat versions of its irritable bowel syndrome drug, saying he didn't buy arguments that potential appeals to the FDA preempted the suits. 

  • October 25, 2018

    Widow's Plane Crash Claims Not Preempted, 3rd Circ. Says

    A split Third Circuit panel on Thursday revived a widow's state law claims against Avco Corp. alleging a defective engine design caused the plane crash that killed her husband, the pilot, finding a Pennsylvania federal court improperly concluded the claims were preempted by federal law.

  • October 25, 2018

    Ford Asks 9th Circ. To Review F-150 Defect Suit Remand

    Ford Motor Co. told the Ninth Circuit on Thursday that a district court judge improperly kicked back to California state court a driver's proposed class action over purportedly faulty transmissions in F-150 trucks, saying the judge ignored evidence justifying keeping the dispute in federal court.

  • October 25, 2018

    MLB Sporting Co. Hit With Baseball Bat False-Ad Suit

    Major League Baseball co-owned Rawlings Sporting Goods Co. Inc. is facing a punitive consumer class action in California federal court alleging the company is selling children’s baseball bats that are heavier than their advertising and packaging claim.

  • October 25, 2018

    EPA Seeks To Stall States’ Fight Over Landfill Emissions

    The U.S. Environmental Protection Agency urged a California federal judge Thursday to hold off deciding whether to toss claims it violated the Clean Air Act by failing to impose Obama-era regulations limiting emissions from municipal landfills, arguing newly proposed emission rules could impact the suit.

  • October 25, 2018

    Ford Recalls Nearly 1.5M Focuses For Engine Stall Defect

    Ford Motor Co. announced Thursday a recall of almost 1.5 million Ford Focus vehicles for a malfunctioning canister purge valve that could cause gas tank deformation and engine stalling.

  • October 25, 2018

    Mich., Ford Deal As Toxic As Industrial Dumping, Judge Told

    Michigan's environmental quality agency, attorney general and Ford Motor Co. teamed up to rig a "sue and settle" plan in 2017 to let Ford off easy for its decades of dumping toxic chemicals into its neighbors' backyards, a group of residents told a Michigan federal judge Wednesday.

  • October 25, 2018

    Altria Pulls Pod E-Cigs, Flavors As FDA Eyes Youth Use

    Tobacco titan Altria on Thursday said that it was yanking its pod-based e-cigarettes and most of its vaping flavors from the market, as the industry faces pressure from the U.S. Food and Drug Administration to take action on youth vaping.

  • October 25, 2018

    Exxon, Chevron, Others Keep Gas Additive Suit In Fed. Court

    A Maryland federal judge on Wednesday rejected the state’s bid to remand to state court its lawsuit accusing 65 companies including BP America Inc., Chevron Corp., Exxon Mobil Corp. and 7-Eleven Inc. of contaminating the state’s waters with a gasoline additive.

  • October 25, 2018

    DOJ Unveils Appalachian Opioid Strike Force, $35M For Kids

    U.S. Attorney General Jeff Sessions on Thursday announced the creation of an opioid strike force to address the opioid crisis in Appalachia, as well as $35 million in funding to help children affected by opioid abuse and another $27.8 million in funding for state law enforcement.

  • October 25, 2018

    Procter & Gamble Can’t Ditch Herbal Essences False Ad Suit

    A California federal judge has refused to toss most of a proposed class action alleging Procter & Gamble Co. misleadingly labels its Herbal Essences hair care products as “Wild Naturals,” even though they contain synthetic and dangerous ingredients, finding that nearly all of the claims are adequately pled.

  • October 25, 2018

    Donziger Is Thumbing His Nose At Injunction, Chevron Says

    Chevron Corp. has asked a New York federal judge for strong sanctions against attorney Steven Donziger, saying he has been selling interests in a fraudulent $9.5 billion judgment in Ecuador over pollution in the Amazon for his own gain despite court judgments prohibiting him from profiting from the judgment.

  • October 25, 2018

    Youths Lack Standing In Climate Suit, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to halt trial proceedings in a suit brought by a group of young people accusing the government of setting policies that worsen climate change, saying the plaintiffs lack standing and the matter is political in nature.

  • October 25, 2018

    Ex-Tenants Win Cert. In Suit Against Developer Over Fire

    A New Jersey federal judge has granted certification to a class of tenants or occupants who were temporarily displaced by a 2015 fire at a luxury apartment building in Edgewater, in a suit against the complex's developer over claims its negligence led to the blaze.

  • October 25, 2018

    Homeowners' Suit Against Brad Pitt Org Moved To Fed. Court

    Former officers for a foundation launched by Brad Pitt that built homes in the aftermath of Hurricane Katrina won the removal of a lawsuit by a proposed class of homeowners to Louisiana federal court Wednesday, saying the amount sought for alleged damage associated with the properties requires federal jurisdiction over the case.

  • October 24, 2018

    Trump Signs Vast Opioid Legislation Into Law

    President Donald Trump on Wednesday signed into law far-reaching legislation to ease the opioid crisis, marking one of his administration’s most significant bipartisan achievements.

Expert Analysis

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • LED Bulb Case Shines Light On FTC Enforcement

    Terri Seligman

    Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • The EPA Isn’t Putting Asbestos Back Into Buildings

    Andrew Knudsen

    This summer, the U.S. Environmental Protection Agency sparked public outrage with its proposed "significant new use" rule addressing certain commercial uses of asbestos. But the EPA’s proposed action would actually impose substantial new prohibitions on the listed uses of asbestos — which currently are not regulated by the EPA at all, says Andrew Knudsen of Hunton Andrews Kurth LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.