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Product Liability

  • July 6, 2018

    FDA Can't Compel New Tobacco Co. Warning Labels Yet

    Cigar and pipe-tobacco makers received a reprieve Thursday from a looming deadline for the placement of new, larger health warnings on packages and ads when a federal judge, citing a recent Supreme Court decision, halted the U.S. Food and Drug Administration mandate pending appeal of a May ruling.

  • July 6, 2018

    BMW Hit With NJ Class Action Over Engine Defect Claims

    BMW of North America LLC has been slapped with a putative class action in New Jersey state court alleging the company failed to disclose a defect in certain M3 vehicles that causes "catastrophic engine failure" and increases the risk of crashes.

  • July 6, 2018

    Drug Cos. Assail Hospital Bellwether In Opioid MDL

    Drug companies are directing heavy fire at a bellwether lawsuit for hospitals in multidistrict litigation over the opioid crisis, calling it a “dangerous” case that suggests health care providers can sue any business that harms an uninsured patient.

  • July 6, 2018

    Dr Pepper Hit With Suit Over 'Real Ginger' Campaign

    A group of Texas soda drinkers hit Dr Pepper Snapple Group Inc. with a proposed class action, alleging that its claim of having "real ginger" in its ginger ale is a lie intended to trick consumers into paying extra for drinks they were led to believe were healthier than sodas.

  • July 5, 2018

    Atty Pushes To Arbitrate Legal Malpractice Suit

    A Texas attorney on Thursday told a Rhode Island federal judge not to accept a special magistrate’s recommendation that a legal malpractice suit — brought by former clients claiming that he misled them into taking a smaller part of a global settlement in surgical mesh litigation — should not be arbitrated.

  • July 5, 2018

    J&J Expert Says Talc Plaintiffs Had Other Cancer Causes

    An oncologist testifying for Johnson & Johnson in a St. Louis trial that sees 22 women allege J&J’s talcum powder gave them cancer on Thursday told the jury that genetic testing and family histories show that several of the plaintiffs had a genetic predisposition to develop cancer.

  • July 5, 2018

    Baxter, Hospira Freed From Saline Price-Fixing Case For Now

    An Illinois federal judge on Thursday dismissed Baxter International Inc. and Hospira Inc. without prejudice from an Alabama health care provider’s proposed antitrust class action alleging that they conspired to fix the price of intravenous saline solution by using recalls to stage a shortage, agreeing that the theory is "implausible."

  • July 5, 2018

    NY Property Owners Win Cert. In Chemical Exposure Suit

    A New York state court certified a class of New York residents who claim they’ve been harmed by nearly 60 years of exposure to a toxic chemical that resulted from an industrial process of coating fabrics with Teflon, according to an order on Tuesday.

  • July 5, 2018

    Drivers Win Partial Cert. In Fiat Chrysler Car-Hacking Dispute

    An Illinois federal judge on Thursday partially certified and slightly trimmed a class action claiming Fiat Chrysler vehicles were outfitted with infotainment systems that were vulnerable to hacking, saying there are enough facts and evidence backing the consumers’ fraud and warranty claims to advance the case.

  • July 5, 2018

    Bristol-Myers, Otsuka Beat Suit Over Abilify Side Effects

    A West Virginia federal judge on Thursday tossed a products liability suit against Bristol-Myers Squibb and Otsuka Pharmaceutical that alleged the companies’ drug Abilify caused a man to develop a twitching condition, finding that the man’s case ignored that the medication explicitly identified his condition as a potential side effect.

  • July 5, 2018

    Feds, Wis. Defend Superfund Deal At 7th Circ.

    The federal government and the state of Wisconsin have urged the Seventh Circuit to uphold a deal with NCR Corp. and Appvion Inc. to finish cleaning up a Wisconsin Superfund site contaminated with polychlorinated biphenyls by the paper industry activity, despite paper manufacturer P.H. Glatfelter Co.'s objections.

  • July 5, 2018

    Pa. Justices To Mull Risperdal Breast-Growth Time Limit

    In a pair of cases with implications for thousands of lawsuits pending in Philadelphia against a Johnson & Johnson unit, the Pennsylvania Supreme Court agreed on Thursday to weigh when the clock began to run on claims of abnormal breast growth in adolescent boys prescribed the antipsychotic drug Risperdal.

  • July 5, 2018

    $140M Verdict Against AbbVie In Testosterone MDL Tossed

    An Illinois federal judge vacated a $140 million verdict against AbbVie Inc. from the second bellwether in multidistrict litigation over testosterone products on Thursday, saying the jury’s finding for the company on the case’s strict liability claim threw a wrench in the rest of its verdict.

  • July 5, 2018

    Shell To Hand Over $3.9M Over 2016 Gulf Oil Spill

    Shell Offshore Inc. agreed to pay nearly $3.9 million in connection with a May 2016 spill of more than 80,000 gallons of oil in the Gulf of Mexico that occurred about 100 miles from the Louisiana coast, according to a consent decree filed Thursday in federal court.

  • July 5, 2018

    Heart Meds Recalled In UK, EU, For Possible Cancer Link

    Health authorities in the United Kingdom on Thursday urged pharmacies to yank heart medicines containing valsartan, which are being recalled in Europe after it came to light that they may have been tainted with a carcinogen at a Chinese factory.

  • July 5, 2018

    Chopper Training Co. Sues Lockheed Unit Over Fatal Crash

    A helicopter training and services company has sued a division of Lockheed Martin, claiming in Pennsylvania federal court that a helicopter designed and manufactured by the division was partly responsible for a helicopter crash that killed an instructor and student.

  • July 5, 2018

    Nature's Way Oil Row Paused After 9th Circ. Hyundai Ruling

    A California federal judge on Tuesday paused a putative class action accusing Nature’s Way Products LLC of misleading consumers about the health of its coconut oil, citing the Ninth Circuit's recent decision to ax a $200 million settlement in multidistrict litigation involving automakers Hyundai and Kia.

  • July 4, 2018

    Law360 Reveals The Global 20 Firms Of 2018

    What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.

  • July 4, 2018

    How Smaller Firms Can Go Global Without Going Bankrupt

    Setting up shop across the globe may seem impossible for smaller law firms, but it can be done — and it's not the only way to get business overseas. Here, Law360 looks at what firms should think about when deciding whether, and how, to go global.

  • July 4, 2018

    Global Law Firms Bulk Up In Europe As Brexit Approaches

    With Britain less than a year from exiting the European Union, firms on Law360’s Global 20 have begun pushing deeper into the countries remaining in the bloc, adding offices and industry specialists in a shift that could rebalance how BigLaw works in the region.

Expert Analysis

  • FDA's Youth E-Cig Blitz Could Go Much Further

    Azim Chowdhury

    The U.S. Food and Drug Administration recently launched an initiative to reduce the use of e-cigarettes and related products by young people. While it is not clear how extensively the FDA will try to restrict electronic nicotine delivery systems and e-liquids, forthcoming proposals may be substantial, say Azim Chowdhury and Benjamin Wolf of Keller & Heckman LLP.

  • PFAS: Not Your Typical Emerging Contaminants — Part 1

    Jeffrey Dintzer

    The U.S. Environmental Protection Agency recently held its National Leadership Summit with the goal of “taking action” on the emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances. In part one of this two-part series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss the possible legal consequences for businesses that manufacture, sell or consume PFAS products.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Don’t Cry Over Clearly Labeled Organic Milk

    Jeff Brown

    Earlier this month, a California federal court dismissed a claim that Horizon Organic milk, which contained an additive noted on the package, was not truly organic, and thus violated state laws against product misrepresentation. The decision makes clear that if a label identifies a product’s content, a claimant cannot assert that she read the label and then was misled, says Jeff Brown of Thompson Coburn LLP.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.