Product Liability

  • June 16, 2017

    Navy Report Ties Faulty Oxygen Systems To Jet Crew Deaths

    Faulty oxygen systems on Navy FA-18 fighter jets have been linked to four fatal accidents, according to a redacted U.S. Navy review of onboard oxygen system problems, spurred by a rash of hypoxia incidents that has grounded training flights for more than a month.

  • June 16, 2017

    Ex-NFLers Can't Appeal Some Claims In Painkiller Suit

    A California federal judge Thursday refused to certify ex-NFL players’ dismissed claims for appeal in a case claiming the league’s 32 teams pressured them to abuse prescription painkillers, which the players said would’ve avoided a prolonged dispute.

  • June 16, 2017

    Drivers Seek Cert. In Hyundai Shattering Sunroofs Suit

    Vehicle owners suing Hyundai Motor America for allegedly failing to warn drivers of a defect that caused certain sunroofs to shatter asked a California federal judge on Thursday for class certification in multiple states.

  • June 16, 2017

    BU Slams NHL Over Concussion Research Row Fees Bid

    Boston University urged a federal court on Friday to grant its attorneys’ fee request for fighting the National Hockey League’s discovery bid in litigation over players’ long-term concussion risk, arguing the NHL’s rejected request for data on all of the university’s donated brains “overreached.”

  • June 16, 2017

    New Texas Law Welcomes Driverless Cars To State Roads

    Texas Gov. Greg Abbott signed a bill Thursday that will officially allow self-driving vehicles to operate freely on state roads, with or without human supervision.

  • June 16, 2017

    Insurer To Pay MSA An Extra $2M In Fees In Asbestos Fight

    A Pennsylvania state court judge has agreed to tack another $2 million in legal fees and court costs onto a $58 million damages award against North River Insurance Co. in a dispute over coverage for asbestos-related product liability claims brought by MSA Safety.

  • June 16, 2017

    $15M Depakote Verdict A Bargaining Chip For Either Side

    A downstate Illinois jury’s $15 million award to a 10-year-old boy in his suit against Abbott Laboratories over its anti-epilepsy drug Depakote last week could be a bargaining chip for both plaintiffs and the company in the thousands of cases around the country, product liability attorneys told Law360.

  • June 15, 2017

    Judge Recommends Insurer Win In Pet Food Coverage Case

    Colony Insurance should not have to cover Custom Ag Commodities for its role in a massive pet food adulteration fight, a Texas magistrate judge recommended Thursday, saying Custom Ag has presented no convincing arguments for coverage under an ad injury policy.

  • June 15, 2017

    'Pink Slime' Coiner Tells Jury USDA Approval Was Wrong Call

    The former U.S. Department of Agriculture microbiologist who first called Beef Products Inc.’s trimmings product “pink slime” testified Thursday in the company's defamation trial against the ABC network that the “weird” looking product should not have been approved for use in ground beef.

  • June 15, 2017

    2nd Circ. OKs Class Cert. Reviews In Flushable Wipes Suits

    Procter & Gamble, Kimberly-Clark and Costco will be allowed to appeal a district court's decision to certify three classes of consumers accusing them of mislabeling bathroom wipes as "flushable" when they can cause plumbing damage, a Second Circuit panel ruled Wednesday.

  • June 15, 2017

    J&J Appeals $48M Award Over Man's Severe Motrin Reaction

    Johnson & Johnson urged a California appellate court Thursday to overturn a $48 million jury award for a man who developed a severe skin condition from taking the pain reliever Motrin, saying the jury's "confused" verdict form responses were irreconcilably inconsistent.

  • June 15, 2017

    State AGs Open Probe Into Opioid Drugmakers

    Attorneys general throughout the U.S. have launched a joint investigation into how drugmakers might have contributed to the country’s opioid epidemic, the latest indication that pharmaceutical companies are being increasingly scrutinized as the crisis worsens.

  • June 15, 2017

    Restless Legs Drugs Need Black Box Warnings, FDA Hears

    Several drugs for restless legs syndrome should get black box warnings that emphasize the risks of impulse-control disorders and other side effects, an industry-backed research company told the U.S. Food and Drug Administration in a petition released Wednesday.

  • June 15, 2017

    Wilson Elser Snags Product Liability Pros As Tropio Closes

    Three attorneys are joining Wilson Elser Moskowitz Edelman & Dicker LLP’s Los Angeles office who hail from boutique product liability and commercial litigation law firm Tropio & Morlan, which closed its doors after 22 years.

  • June 15, 2017

    Defective Bayer Warnings Led To Leg Amputation, Suit Says

    Bayer AG provided inadequate warnings or instructions on its “Dr. Scholl's” padded callus removers about the potential risks to diabetics, leading a New Jersey man with diabetes who used the product to lose part of his left leg, according to a medical malpractice action filed against the company in state court.

  • June 15, 2017

    Ex-Client Sues Blasingame Burch Over Pelvic Mesh Deal

    A woman who took a $300,000 settlement over alleged injuries from a pelvic mesh product is now suing Blasingame Burch Garrard & Ashley PC, claiming she was coerced and misled into taking the deal, in part due to the firm's claims about how the settlement would affect a personal bankruptcy.

  • June 15, 2017

    Judge Says No Sanctions For Pipeline Co. In Tribal Land Row

    An Oklahoma federal judge on Thursday denied a bid from a group of tribal landowners to sanction Enable Midstream Partners LP for allegedly refusing to respond to discovery requests in a suit challenging the company’s ongoing use of a gas pipeline on the landowners' property, finding some of the company's objections justified.

  • June 15, 2017

    Japanese Prosecutors To Probe Takata, Nissan Employees

    Japanese prosecutors will be looking into whether Takata Corp. and Nissan Motor Co. safety officials were professionally negligent in a 2015 accident in which a recalled Takata air bag ruptured in a Nissan car and injured a woman, according to a media report Thursday.

  • June 15, 2017

    Syngenta Looks To Nix Farmers' Claims In 1st GMO Corn Trial

    Agricultural giant Syngenta AG urged a Kansas federal judge on Wednesday to toss without jury deliberation allegations brought by corn producers in multidistrict litigation over the company’s alleged role in China’s rejection of U.S. corn shipments.

  • June 15, 2017

    Amazon Says Consumer Agreed To Its Terms In Diet Drug Row

    Amazon.com Inc. told a New York federal judge on Wednesday that a consumer in a proposed class action agreed to the online retailer’s conditions of use and therefore must arbitrate the case accusing it of failing to do enough to prevent the sale of a dangerous diet drug.

Expert Analysis

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • More Nutrition Info On Menus, More Class Actions In Court

    Abby Risner

    Including nutrition information on menus presents potential risk beyond regulatory compliance: consumer class actions. Even with the U.S. Food and Drug Administration’s menu labeling rules postponed until 2018, class actions in this area will undoubtedly persist, says Abby Risner of Greensfelder Hemker & Gale PC.

  • Complicated Landscape Awaits New FDA Commissioner

    Ethan Jorgensen-Earp

    Dr. Scott Gottlieb was confirmed this week as head of the U.S. Food and Drug Administration, but it is still unclear whether he will be able to bring significant change to the agency. Gottlieb has a background in medicine, politics and the biotech industry, but he faces meager budgets and a powerful status quo, says Ethan Jorgenson-Earp of Holland & Knight LLP.

  • Why Plaintiffs Bar Should Worry About Asbestos Suits

    Gregory Cade

    Asbestos-related cases have come to be known as the longest-running mass tort litigation ever, and they have collected a number of potential problems over time. Diminishment of trust funds for victims, loss of insurance coverage for asbestos defendants and long court backlogs are all potential issues attorneys must confront and discuss with their asbestos plaintiffs, says Gregory Cade of Environmental Litigation Group PC.

  • Rare Grable Removal Sighted In Missouri

    Julie Park

    A Missouri federal court recently found that, under the Grable doctrine, federal jurisdiction existed in a case brought under state law, because the plaintiffs’ claims dealt with the practices and regulations of a federal agency. Companies subject to federal regulation may find this case useful when seeking to invoke removal jurisdiction, say attorneys from Morrison & Foerster LLP.

  • Expect Change At The Consumer Product Safety Commission

    Kevin Penhallegon

    With a new Republican acting chairman appointed in February, and the retirement of a Democratic commissioner coming in October, the U.S. Consumer Product Safety Commission is already in the midst of change. Statements by Republican commissioners offer further proof that the CPSC is due for a shift in policy and philosophy, say attorneys with Miles & Stockbridge PC.

  • Arizona's Off-Label Promotion Law May Hinge On Gottlieb

    Alexis Kellert

    As the U.S. Food and Drug Administration considers allowing drug and device makers to promote products for off-label uses, Arizona has legalized truthful off-label promotion. But the law's impact may depend on Scott Gottlieb's approach at the FDA, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In Tronox, 2nd Circ. Sends Clear Message About Injunctions

    Jack Haake

    There is value in the protections afforded by an injunction, be it through a settlement or a bankruptcy discharge. The Second Circuit’s recent decision in Tronox preserves an injunction’s value in two ways, says Jack Haake of Foley & Lardner LLP.