Product Liability

  • October 3, 2017

    FDA Warning Wire: No Love For Playful Granola Labels

    A granola maker’s labeling improperly described “love” as an ingredient, a South Korean drugmaker didn’t test for the presence of lethal contaminants implicated in past tragedies, and several Indian drugmakers failed inspections, according to newly released U.S. Food and Drug Administration documents.

  • October 3, 2017

    Smoker's Widow, Philip Morris Seek Changes To $350K Verdict

    Philip Morris argued Tuesday for reversal of a Florida jury's verdict awarding a cigarette smoker's widow $350,000, saying some of her claims were time-barred, while she sought retrial for other claims, alleging faulty jury instructions and improper closing arguments.

  • October 3, 2017

    Cephalon Slams Bid To Reinstate Pa. Opioid Marketing Suit

    A Pennsylvania appeals court was urged on Monday to affirm a decision that federal law preempted claims that off-label marketing by Cephalon Inc. of its opioid painkiller “lollipop” Actiq to treat migraines had led to the death of a Philadelphia family’s adult son.

  • October 3, 2017

    Vets Want DOD Docs About Radiation Exposure At Crash Site

    U.S. Air Force veterans who participated in the cleanup of a Vietnam War-era nuclear accident in Spain asked a Connecticut federal judge Monday to compel the Department of Defense to release to them the results of urinalysis it conducted at the time of the cleanup, saying they have been improperly denied disability benefits related to radiation exposure.

  • October 3, 2017

    Zac Brown, Live Nation Settle With Woman In Injury Suit

    Country singer Zac Brown has reached an undisclosed settlement with a blind woman who claimed she was injured when fans rushed the disabled section of a concert in an effort to shake the celebrity’s hand, a Massachusetts federal judge said Tuesday.

  • October 3, 2017

    Fruit Co. Seeks Sanctions In Contaminated Cane Juice Suit

    Agrana Fruit US Inc. on Monday asked an Ohio federal court to issue sanctions against AmCane Sugar LLC for evidence spoliation in its lawsuit accusing AmCane of selling it evaporated cane juice littered with stones, arguing that the company intentionally destroyed evidence, including screens used in the production process and 200 to 300 testing stones.

  • October 3, 2017

    J&J, DePuy Ask 1st Circ. For Stay To Appeal FCA Ruling

    Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. urged the First Circuit Monday to delay implementing its decision to keep alive a False Claims Act suit over allegedly faulty hip replacement devices while the companies appeal to the Supreme Court.

  • October 3, 2017

    EU, Canada Settle Decadeslong Beef Spat, Citing Trade Deal

    The European Union and Canada have put an end to a 21-year World Trade Organization battle over Brussels’ restrictions on hormone-treated beef, according to a WTO document circulated on Tuesday that cited provisions of the two governments’ new bilateral trade deal.

  • October 2, 2017

    Justices Let $3M Pelvic Mesh Verdict Against Ethicon Stand

    The U.S. Supreme Court on Monday rejected Johnson & Johnson subsidiary Ethicon’s bid to overturn a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, declining to review the ruling.

  • October 2, 2017

    BNP Paribas Escapes Claims It Funded '98 Embassy Attacks

    A D.C. federal judge Friday tossed a suit claiming French bank BNP Paribas S.A. helped fund two 1998 al-Qaida bombings of U.S. embassies by skirting sanctions against the Sudanese government, saying the plaintiffs had failed to state any viable claims.

  • October 2, 2017

    Insurers Face Headwinds In Bid To Audit Asbestos Payouts

    Insurers' bid for deeper audits of asbestos injury trust payouts on behalf of Philips North America hit skeptical questioning in Delaware’s Chancery Court on Monday, and reminders that the insurers appeared to have already agreed to nothing more.

  • October 2, 2017

    Student-Athletes, NCAA Seek Final Approval Of $75M Deal

    Former student-athletes on Friday asked an Illinois federal court for final approval of a $75 million settlement in multidistrict litigation against the NCAA over head injuries, saying that given reports of young NFL players diagnosed with brain damage after death, the medical monitoring program that is part of the deal can’t come soon enough.

  • October 2, 2017

    Novartis Not On Hook For Generic's Label, Calif. Justices Hear

    Novartis urged the California Supreme Court at a hearing Monday to find it can’t be liable for insufficient labeling on a generic version of its asthma medication after it sold the rights to the brand drug, arguing that policy would encourage drug brand buyers to take greater risks with consumers.

  • October 2, 2017

    Takata Gets Nod On Unusual Bankruptcy Financing Deal

    A Delaware bankruptcy judge agreed Monday to give final approval to Takata Corp.’s unusual post-petition financing arrangement with its big-name automaker customers, expected to free up roughly $300 million in liquidity, after hearing they had resolved differences over funding with the tort claimant committee.

  • October 2, 2017

    Justices Won't Hear Widower's Jeep Defect Appeal

    The U.S. Supreme Court won’t revive a New York state court case over various 2003 Jeep Liberty defects brought against Daimler AG by a man whose wife died from injuries after a 2004 crash in her Jeep Liberty, according to the court’s Monday order list.

  • October 2, 2017

    Toyota Can't Flee Camry Buyers' Suit Raising Stink Over Smell

    A California federal judge on Friday denied most of Toyota’s bid to duck a proposed class action that claims it hid an air conditioning defect in Camry vehicles that caused foul odors, saying the complaint adequately pled alleged wrongdoing by the company to forge ahead.

  • October 2, 2017

    No Primary Coverage Means No Excess Too For Contractor

    An Alabama federal judge found Saturday that an excess carrier for an airport building contractor does not owe it coverage if the contractor was not covered by its primary policies.

  • October 2, 2017

    Justices Seek US' Views In $315M Case Over USS Cole Attack

    The U.S. Supreme Court asked the federal government Monday to weigh in on whether victims of the 2000 USS Cole bombing who won a $315 million default judgment against Sudan satisfied the service requirements of the Foreign Sovereign Immunities Act when they mailed the case documents to the country’s foreign minister at its embassy in the U.S.

  • October 2, 2017

    P&G Agrees To Pay Up To $30M To End Probiotic False Ad Suit

    Procter & Gamble has agreed to pay up to $30 million to settle a long-running class action lawsuit claiming the company falsely advertised its probiotic supplement Align as “clinically proven” to promote digestive health, according to a Friday filing in Ohio federal court.

  • October 2, 2017

    Big Pharma Wants Opioid-Epidemic Class Claims Tossed

    Drug companies including Endo, Johnson & Johnson and Purdue urged an Arkansas federal judge to throw out a proposed class action alleging they fed the opioid epidemic for money, saying Friday that the suit targets activities regulated by the U.S. Food and Drug Administration.

Expert Analysis

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Managing Consumer Expectations For Autonomous Vehicles

    Charles Moellenberg Jr.

    As consumers begin to sit in the driver’s seat of automated and autonomous vehicles, manufacturers and sellers have a golden opportunity to educate consumers on the benefits and risks of those vehicles and to shape their expectations, says Charles Moellenberg Jr. of Jones Day.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • Shopping For Standard Food Date Labels

    Brian Sylvester

    The voluntary initiative by grocery manufacturers and retailers to distill date labels to just two standard phrases should go a long way toward stemming consumer confusion. But if states continue to jump into the fray, a patchwork of differing standards could trigger federal rulemaking, says Brian Sylvester of Keller and Heckman LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 3

    Robert W. Ludwig

    In the final installment of this three-part series, attorney Robert W. Ludwig concludes his deep dive into the controversial history of Second Amendment jurisprudence.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

    Katie Gates Calderon

    Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.