Product Liability

  • November 21, 2017

    Juice Maker Didn't Face 'Claim' Until Labeling Suit: Judge

    A Washington federal judge on Tuesday found a juice maker had given its insurer sufficient notice to be covered for a labeling suit, saying the initial statutory notice the company received was not a claim.

  • November 21, 2017

    Dialysis Patients Face Undoing By Experts In Fresenius MDL

    Attorneys for about a dozen dialysis patients argued in Boston on Tuesday that, although their own experts say otherwise, they should be allowed to seek a jury's opinion on claims that they were gravely injured on the watch of leading kidney clinician Fresenius Medical Care.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    FDA Warning Wire: Insomnia Drug Promo Omits Risk Info

    The U.S. Food and Drug Administration voiced concerns about promotions for an insomnia spray that left out risk information, scolded an online retailer of disposable cigarette filters for making unapproved claims, and upbraided a nutritional supplement maker for labeling claims and other issues.

  • November 21, 2017

    Fla. Hospitals Launch Wide-Ranging Opioid Liability Suit

    Two Florida hospitals on Monday sued a group of pharmacies, drug manufacturers and drug distributors for allegedly contributing to the nation’s opioid crisis by filling suspicious orders or prescriptions and downplaying the risks of the painkillers.

  • November 21, 2017

    Highway Crashes Lead National Increase In Auto Deaths

    New data released Tuesday by the National Transportation Safety Board showed that more people died in accidents last year than in 2015, with the vast majority of the incidents occurring on highways.

  • November 21, 2017

    Hyundai Fights Reconsideration Bid In Brake Defect Suit

    A New York federal court shouldn’t reconsider a late-September ruling dismissing many claims brought by a proposed class of drivers alleging a brake defect in some Hyundai Sonata sedans, the automaker’s U.S. unit said Monday, arguing that the motion is untimely, repeats rejected arguments and improperly raises new ones.

  • November 21, 2017

    Insurer Escapes Coverage In Exploding Batteries Suit

    A Washington federal judge ruled Monday that a vape shop’s liability insurer doesn’t owe the company a defense against a suit in state court over exploding batteries, saying the batteries aren’t covered under the insurance policy.

  • November 20, 2017

    Ice Cream Co. Denies Attempt To Freeze Out Legal Rival

    Ice cream maker Mister Cookie Face LLC and parent Fieldbrook Foods Corp. rebuffed a Boston federal judge's comments Monday that they appear to have perpetuated a lawsuit knowing the costly process could hobble their family-owned opponent.

  • November 20, 2017

    Chicago To Sue US Steel Over Lake Michigan Chemical Spills

    The city of Chicago on Monday issued a notice of intent to sue Pittsburgh-based U.S. Steel, which Chicago alleges polluted Lake Michigan from 27 miles across the state line at the company’s Portage, Indiana, steel plant.

  • November 20, 2017

    Fiat Chrysler Botched Recall Row Survives, Returns To Calif.

    A New York bankruptcy judge ruled Friday that Fiat Chrysler can’t ditch a putative class action claiming it's liable for allegedly botched recall repairs, but sent the matter back to California federal court, saying the issues relate to events that occurred after its bankruptcy-related purchase of Old Chrysler.

  • November 20, 2017

    Takata Can Extend Airbag Lawsuit Freeze For Individuals

    The Delaware bankruptcy judge presiding over the Takata case on Monday granted the debtors’ request to extend the freeze on lawsuits connected to its dangerously defective airbag inflators through late February for individual claims, but will revisit a stay on state enforcement actions in 30 days.

  • November 20, 2017

    Hernandez CTE Suit Should Stay In Mass., Court Hears

    Counsel for Aaron Hernandez’s daughter fired back at the NFL’s bid to pause her lawsuit that blames his violent behavior on late-stage chronic traumatic encephalopathy while it attempts to include the suit in ongoing multidistrict litigation, telling a Massachusetts federal court that the case is unrelated and should immediately continue in state court.

  • November 20, 2017

    Sharp Seeks Pause In Chinese Co.'s Arbitration Bid

    Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.

  • November 20, 2017

    Abbvie Says Medical Mutual Being 'Cagey' In Androgel MDL

    Medical Mutual of Ohio is refusing to answer AbbVie Inc.'s request for more detail on the basic premise behind its potential class action accusing AbbVie of fraudulently marketing its testosterone replacement therapy drug Androgel, the drugmaker told an Illinois federal court Monday.

  • November 20, 2017

    EU Drug Agency Packs Bags For Amsterdam Amid Brexit

    In a razor-thin decision, the European Union on Monday selected Amsterdam as the new headquarters of the bloc’s prescription drug regulator, starting the clock on a relocation from London prompted by Brexit.

  • November 20, 2017

    Las Vegas Victims Sue MGM, Live Nation Over Shooting

    Hundreds of victims of the Las Vegas shooting and their families hit Mandalay Bay, MGM and Live Nation with five suits in California state court on Monday over the deadliest mass shooting in recent U.S. history, saying that they failed to keep the site of the shooting reasonably safe.

  • November 20, 2017

    Pest Control Co. To Pay $10M For Illegal Fumigant Use

    A pest control company and its U.S. Virgin Islands subsidiary were ordered in Virgin Islands federal court to pay $10 million in criminal fines, community service and restitution for applying illegal fumigants in residential locations, the U.S. Department of Justice and the U.S. Environmental Protection Agency said in a statement on Monday.

  • November 20, 2017

    GE Faces Suit Over Fukushima Nuclear Plant Design

    Residents and companies of Fukushima, Japan, on Friday filed a putative class action lawsuit against General Electric Co. in Massachusetts federal court, accusing the company of negligence that led to a catastrophic meltdown when a 2011 tsunami hit a nuclear power plant it built.

  • November 20, 2017

    Deal Expected In Insurer's Actos Cancer Suit Against Takeda

    Dozens of claims from Blue Cross and Blue Shield of Massachusetts alleging that a link between diabetes treatment Actos and bladder cancer was long known to drug manufacturer Takeda are expected to head for arbitration separate from a $2.4 billion settlement with patients, a Boston federal judge said Monday.

Expert Analysis

  • 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.

  • 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.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • What Duties Do Lead Lawyers Owe MDL Plaintiffs?

    Elizabeth Burch.jpg

    Do lead lawyers have fiduciary obligations to individual plaintiffs in multidistrict litigation who have no direct attorney-client relationship with them? That’s the question at the heart of a recent opinion by U.S. District Judge David Herndon in the Yazmin/Yaz litigation, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • An Inch, 3% Or 10 Calories: Which Is Material?

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    Class plaintiffs often accuse food manufacturers of misrepresenting their product offerings. There are many examples of discrepancies seized on by the plaintiffs bar between what the manufacturer advertised and what the consumer received. But as three recent cases demonstrate, proving a material misrepresentation can be challenging, says Reena Bajowala of Jenner & Block LLP.

  • Next Round Of Water Contamination Suits May Involve CWA

    Seth Kerschner

    Manufacturing facilities that produced and used perfluorinated chemicals are already targets of plaintiffs attorneys. Now, current and former military aviation installations may be next, as these military sites could be subject to Clean Water Act litigation risk concerning PFCs used in firefighting foam, say Seth Kerschner of White & Case LLP and Zachary Griefen of the Conservation Law Foundation.

  • When Plaintiff Conduct Matters: Part 3

    James Beck

    Where supported by sufficient evidence, defenses based on plaintiff conduct are sometimes available in pharmaceutical product liability litigation. Situations where plaintiffs failed to disclose critical medical information, or did not comply with medical instructions, may present such opportunities, and other plaintiff conduct can be relevant as well, says James Beck of Reed Smith LLP.