Product Liability

  • March 13, 2017

    Retired NFL Players Push Back On $112.5M Attys' Fee Request

    A group of retired NFL players took issue with the lead counsels’ fee request in the landmark concussion litigation, asking a Pennsylvania federal judge on Friday not to approve the $112.5 million request because of a provision that asks for 5 percent of the settlement to be set aside for future costs.

  • March 11, 2017

    Bharara Fired After Refusing To Resign

    U.S. Attorney Preet Bharara said on Saturday that he had been fired after he refused to comply with Attorney General Jeff Sessions' order directing Obama-appointed U.S. attorneys to resign.

  • March 10, 2017

    Texas Justices Steer Clear Of Spat Among Fen-Phen Lawyers

    The Texas Supreme Court declined Friday to review the dismissal of Houston law firm Fleming Nolen & Jez LLP’s malicious prosecution suit against Kirklin Law Firm PC in a referral fee dispute tied to a $339 million settlement over a recalled weight loss drug.

  • March 10, 2017

    Bumble Bee Buyers Face Uphill Fight As Mislabel Trial Ends

    A California judge overseeing a bench trial over allegations Bumble Bee mislabeled its tuna voiced doubts Friday over half of the claims at issue, saying during closing arguments that there’s insufficient evidence an American Heart Association logo on Bumble Bee cans constituted a paid endorsement.

  • March 10, 2017

    Ex-NFLer, Concussion Deal Counsel Continue To Spar

    Retired running back Fred Willis on Thursday again defended himself in Pennsylvania federal court against a bid by the attorneys representing the class of retired players the NFL concussion litigation settlement to silence Willis’ allegedly false communications with fellow class members.

  • March 10, 2017

    Railroads Ask 9th Circ. To Keep Block On Calif. Hazmat Fee

    BNSF Railway Co. and Union Pacific Railroad Co. pressed the Ninth Circuit on Thursday to uphold a federal court’s ruling that blocked California’s tax board and regulators from implementing a new law that slaps a fee on rail cars transporting hazardous materials such as crude oil and chemicals.

  • March 10, 2017

    5 Fast Facts About Trump's Pick For FDA Chief

    President Donald Trump said Friday he will nominate right-leaning health scholar Scott Gottlieb to lead the U.S. Food and Drug Administration, a pick likely to be welcomed warmly by drug and device makers.

  • March 10, 2017

    Ex-NFLers Unveil New Details In Painkiller Suit

    A revised complaint by retired NFL players who claim teams pushed them to abuse painkillers unveiled new allegations Friday that point to reports and communications from team doctors and trainers showing how drugs were carelessly handled and dispensed, including in violation of the Controlled Substances Act.

  • March 10, 2017

    Classes Certified In GE Shatter-Prone Microwave Suit

    A group of consumers suing General Electric over microwaves with glass doors they say are prone to shattering have been granted partial class certification in Connecticut federal court.

  • March 10, 2017

    'Healthy' Food Labeling Needs Hybrid Approach, FDA Told

    The U.S. Food and Drug Administration was urged Thursday to take a hybrid approach to redefining the term “healthy” on food labels and to consider both nutrient content and what food group a product falls into while the agency considers changing its definition of the term.

  • March 10, 2017

    Wrong Test Used In Ford Rollover Death Suit, 9th Circ. Told

    An attorney for a Ford Explorer owner's widow asked the Ninth Circuit Friday to revive her suit over his death in an SUV rollover accident, saying jurors should have been instructed that design defects are measured against the reasonable expectations of consumers.

  • March 10, 2017

    Samsung’s 'Exploding' Washing Machines Lead To Class Suit

    Samsung Electronics was hit Friday with a putative class action in Florida federal court over both its manufacture of “exploding” washing machines and a recall program that allegedly fails to offer consumers adequate repairs or rebates. 

  • March 10, 2017

    Tropical Smoothie Sues Broker Over Insurance Troubles

    Tropical Smoothie Cafe sued its insurance broker in Georgia federal court on Friday, alleging that the broker's misstatements about the scope of the beverage chain's business on an application for a Sentinel Insurance Co. Ltd. policy have caused the insurer to fight coverage for litigation over injuries allegedly tied to tainted smoothies.

  • March 10, 2017

    Sessions Asks Obama's 46 Remaining US Attys To Resign

    U.S. Attorney General Jeff Sessions has asked for resignation letters from 46 U.S. attorneys including Manhattan's Preet Bharara, the U.S. Department of Justice said on Friday, reversing an assurance from Sessions and President Donald Trump that Bharara could stay.

  • March 10, 2017

    9th Circ. Says Rules Don't Call For Asbestos Suit's Eternal Nix

    Procedural rules did not oblige a judge to dismiss with prejudice, a widow's allegations that her late husband developed mesothelioma because Baxter Healthcare Corp. and Fisher Scientific Co. LLC products exposed him to asbestos, the Ninth Circuit held in a published opinion Thursday.

  • March 10, 2017

    Work Robot Blamed For Michigan Woman’s Death

    A Michigan man slapped five robotics, automotive and welding companies with a suit in Michigan federal court after his wife’s head was fatally crushed at an automotive parts facility by a wayward robot that he claims they failed to properly design, build and test.

  • March 10, 2017

    Exxon Slams Bid To Rethink Order Trimming La. Plant Suit

    Exxon Mobil Corp. on Thursday urged a Louisiana federal judge to deny a bid from environmentalists to reconsider an order throwing out part of their suit alleging that the company’s Baton Rouge chemical plant violated the Clean Air Act, saying the environmentalists are merely restating arguments. 

  • March 10, 2017

    VW Pleads Guilty In Emissions Cheating Suit

    Volkswagen AG on Friday formally pled guilty in Michigan federal court to three criminal charges and agreed to pay $4.3 billion in criminal and civil penalties as part of an agreement with the U.S. Department of Justice stemming from the automaker’s diesel emissions cheating scandal.

  • March 9, 2017

    GSK, Reed Smith Partner's Widow Preview Paxil Jury Trial

    An FDA-endorsed label change for antidepressants in 2007 didn’t go far enough to alert doctors about the increased risk of suicidality in patients taking GlaxoSmithKline’s Paxil, the widow of a deceased Reed Smith partner told an Illinois federal judge Thursday, offering a brief glance of what is to come at a jury trial next week.

  • March 9, 2017

    House Passes Class Action, Joinder Restriction Bills

    The Republican-controlled U.S. House passed a pair of litigation bills Thursday, aimed at making it more difficult to bring class actions and raising the hurdles to keeping suits in state courts, over Democratic objections the measures would hurt the public’s ability to keep companies’ abuses in check.

Expert Analysis

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why The Supreme Court Must Revisit Personal Jurisdiction

    Grant Esposito

    In recent decisions, the U.S. Supreme Court has distinguished between general personal jurisdiction and specific personal jurisdiction. The standards are clear, but the results they produce apparently remain troubling to some state courts. The high court’s rulings in BNSF Railway Company v. Tyrrell and Bristol-Myers Squibb Company v. Superior Court of California may provide more guidance, say attorneys from Morrison & Foerster LLP.

  • FDA's Streamlined Requirements For Combination Products

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    The U.S. Food and Drug Administration recently issued final guidance on how makers of combination medical products — which may contain both drug and device components — can comply with current good manufacturing practice requirements. Central to understanding the FDA’s approach to combination products is that each component retains its regulatory status after being combined, say attorneys from Sidley Austin LLP.

  • A Look At New EPA Composite Wood Formaldehyde Limits

    Winston Stomberg

    Last month, the U.S. Environmental Protection Agency published the final Formaldehyde Standards For Composite Wood Products Rule. The Trump administration has postponed the effective date of the rule, creating the potential that it will be amended or further delayed. But many in the industry are looking forward to a consistent national standard, say attorneys from Latham & Watkins LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • FDA Memo Does Not Simplify 1st Amendment Considerations

    Diane E. Lifton

    The U.S. Food and Drug Administration's new memorandum addressing the First Amendment and its re-examination of FDA rules and policies does little more than set out information that was already publicly available, says Diane Lifton of Hughes Hubbard & Reed LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • Federal Automated Vehicles Policy: A Work In Progress

    Hanley Chew

    Laws and regulations governing driverless vehicles vary between states. Last fall, the U.S. Department of Transportation and the National Highway Transportation Safety Authority issued the Federal Automated Vehicles Policy — the first comprehensive attempt by the federal government to regulate this developing technology. But the policy is drawing mixed reviews from some interest groups, says Hanley Chew of Fenwick & West LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

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    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • The Road To Recall: Evaluating Substantial Product Hazards

    Julie Scheipeter

    Manufacturers, importers, distributors and retailers of all consumer products are required to report potential product defects to the U.S. Consumer Product Safety Commission. Doing so will not necessarily lead the CPSC to require a recall; the agency will first seek to determine if a "substantial product hazard" exists. Following this process can save a company from greater problems later, says Julie Scheipeter of Stinson Leonard Street LLP.