Product Liability

  • February 10, 2017

    GSK Moves To Cut Willfulness From Reed Smith Suicide Trial

    GlaxoSmithKline PLC pressed an Illinois federal judge to cut claims of wanton and willful conduct from a case implicating the drugmaker in a former Reed Smith LLP partner's suicide, saying Thursday that GSK had no time to prepare a defense against the last-minute allegations before trial next month.

  • February 10, 2017

    6 Cos. To Pay $4.9M To Clean Up NY Hazardous Waste Site

    The U.S. Environmental Protection Agency submitted a pair of consent decrees in New York federal court on Friday collectively binding six companies to pay about $4.9 million total to the agency in connection with the cleanup of a site plagued by hazardous waste.

  • February 10, 2017

    FDA Warns Of Potential Obesity Stomach Balloon Issues

    The U.S. Food and Drug Administration warned health care providers Thursday that it received reports of two different problems with fluid-filled balloons placed in patients’ stomachs to treat obesity, with neither complication currently listed as a potential issue on the device’s labeling.

  • February 10, 2017

    Gourmet Food Co. Hit With Suit Over Underfilled Popcorn Tins

    Gourmet food gift maker Harry & David LLC was hit with a consumer protection lawsuit in New York federal court on Friday alleging that the company's popcorn tins were deceptively underfilled in violation of the Federal Food, Drug and Cosmetic Act.

  • February 10, 2017

    European Parliament Floats Tougher Car Testing Rules

    A European Parliament committee on Thursday voted to overhaul the bloc’s rules for safety and environmental testing of cars and strengthen the bloc’s oversight of vehicles already on the road, in an effort aimed at avoiding a repeat of the Volkswagen emissions cheating scandal.

  • February 10, 2017

    Philly Collapse Victims Jumped Hurdle Of State Liability Law

    Wednesday’s record-setting $227 million settlement ending the civil trial over a 2013 fatal building collapse in Philadelphia was hastened by a harsh jury verdict that helped defang a 2011 liability reform statute that has hit plaintiffs hardest by limiting their avenues for collecting damages.

  • February 10, 2017

    Insurer Can Sue For Injured Worker, Pa. Panel Says

    A Pennsylvania appeals court ruled in a published decision Friday that an insurer correctly followed new state legal precedent in a subrogation action the company launched to recover medical and wage benefits paid to a woman who was struck by a vehicle on a rental-car lot.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    5th Circ. Won't Review Auto Parts Store's BP Relief Bid

    A Louisiana federal court was within its right not to review whether an unnamed auto parts and accessories store can pass itself off as a tourism business when seeking relief from settlements tied to BP PLC’s Deepwater Horizon oil spill, the Fifth Circuit ruled Thursday.

  • February 9, 2017

    Nissan Can't Shake Hair-Trigger Air Bag Class Action

    A California judge on Thursday tentatively rejected Nissan North America’s bid to dismiss a putative class action alleging the automaker hid a defect that causes Nissan Frontier side air bags to deploy unnecessarily, holding a majority of the suit's claims are properly alleged.

  • February 9, 2017

    Marlboro Addiction Controlled Refugee's Life, Jury Hears

    A Cuban refugee who fled to Miami and began a 14-year love affair with Marlboro cigarettes said Thursday that their maker, Philip Morris, is to blame for the lung cancer she survived after having one lung removed.

  • February 9, 2017

    Wash. High Court Says Intuitive Had Duty To Warn Hospital

    Washington state’s high court ruled Thursday that manufacturers must warn those who buy their products about related risks, vacating a jury verdict that Intuitive Surgical Inc. previously won in a case over a botched surgery that contributed to a man’s death.

  • February 9, 2017

    J&J Hid Talc Risk For 'Love Of Money,' Jury Hears

    The latest trial in the closely watched talc litigation against Johnson & Johnson kicked off Thursday in a St. Louis courtroom where a plaintiffs’ attorney said the company’s “love of money result[ed] in all manner of evil” for women who used its baby powder.

  • February 9, 2017

    Former Sutherland Partners Open Their Own Firm In Houston

    Two former Sutherland Asbill & Brennan LLP senior partners announced Thursday they have opened their own firm in Houston, Johnson Garcia LLP, that will exclusively focus on the recovery of damages for businesses and individuals in complex business and personal injury disputes.

  • February 9, 2017

    5-Hour Energy Ordered To Pay $4.3M For Deceptive Ads

    The makers of 5-Hour Energy were ordered to fork over nearly $4.3 million in penalties and attorneys’ fees and costs for duping consumers with misleading claims regarding things like the effectiveness of the popular flavored energy shots, the Washington attorney general announced Wednesday.

  • February 9, 2017

    Report Details Problems At Theranos' Arizona Lab

    Federal inspectors found that Theranos’ now-shuttered Arizona laboratory wasn’t making sure some patients were told their diabetes test results might be wrong, nor was it following its own policies and procedures, according to a report revealed Wednesday.

  • February 9, 2017

    San Diego Citizens Group Loses Appeal Over Sea Lion Stench

    A California appellate court on Thursday dismissed a citizens group's lawsuit against San Diego over an alleged public nuisance caused by smelly sea lions, saying the city isn’t responsible for any bad odors caused by wildlife.

  • February 9, 2017

    GAO Singles Out Holes In FDA Adverse Event Reporting

    Gaps in the U.S. Food and Drug Administration’s system for reporting adverse events meant that doctors and hospitals failed to inform the agency of suspected cases of a surgical device spreading cancer in women’s bodies, according to a Government Accountability Office report on Wednesday.

  • February 9, 2017

    NFL Players' Opioid Suit's RICO Claims Are Sacked

    A California federal judge sacked a lawsuit by former NFL players alleging teams distributed painkillers to players to keep them on the field without regard to long-term health risks, tossing many of their claims, including claims against 24 of the 32 NFL teams.

  • February 9, 2017

    AbbVie Fights Discovery Request Of Doc In Testosterone MDL

    AbbVie Inc. told an Illinois federal judge on Wednesday that a discovery request for information from a doctor serving as an expert witness went beyond what was proper in the multidistrict litigation over heart health risks and injuries allegedly caused by testosterone replacement therapy drugs.

Expert Analysis

  • Course Corrections For Oil Spill Cleanup Reimbursements

    Lawrence I. Kiern

    A D.C. federal court’s recent decision in Water Quality Insurance Syndicate v. U.S. overturned the U.S. Coast Guard National Pollution Funds Center’s action in the matter of an oil spill from an offshore supply vessel. The ruling promises new hope for responsible parties that their statutory right to limitation of liability will actually be honored in practice, says Lawrence Kiern of Winston & Strawn LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Potential SAFETY Act Issues For Insurers To Consider

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    Although the Support Antiterrorism by Fostering Effective Technologies Act provides numerous protections for sellers of qualified antiterrorism technology, several uncertainties surround the questions of if and how the act would apply to a mass-loss event. Insurance carriers should enact their own safeguards against the act's uncertain application, says Brandon Almond of Troutman Sanders LLP.

  • Punitive Damages: Post-Campbell, Questions Remain

    Allison Ebeck

    The U.S. Supreme Court has established a framework that requires a case-by-case, fact-based inquiry to gauge punitive damages. Procedural safeguards and substantive due process restrictions have been gradually imposed on punitive damage awards since such limitations were first considered in 1988. But approaches and results have been and remain inconsistent, says Allison Ebeck of Eckert Seamans Cherin & Mellott LLC.

  • Legal Loopholes For Dietary Supplements Must Be Sealed

    Robert Tauler

    A lack of sustained and serious enforcement of federal laws and regulations allows shady dealers to openly sell illegal supplements in the U.S. Someday, the U.S. Food and Drug Administration may have enough resources to bring these bad actors down, but until then laws that govern competition in the marketplace will remain the strongest weapon to protect consumers, says Robert Tauler of Tauler Smith LLP.

  • Talking 'Bull': Episode 10, E.J.

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • How A False Claims Act Case Works — Or Fails

    Steven Boranian

    How does off-label promotion of prescription drugs relate to the False Claims Act? A recent lawsuit alleged that the manufacturer of a prescription diabetes medication engaged in off-label promotion, inducing medical providers to make false claims for reimbursement to Medicare and Medicaid. The problem was that the suit demonstrated neither falseness nor a particular claim, says Steven Boranian of Reed Smith.