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Product Liability

  • October 4, 2018

    Purdue Must Face Trimmed Suit Over Opioid Marketing

    The New Jersey Attorney General’s Office and OxyContin producer Purdue Pharma LP on Thursday each heralded different parts of a state court decision finding the company must face a trimmed lawsuit alleging its deceptive marketing practices contributed to the opioid epidemic.

  • October 4, 2018

    3rd Circ. Won't Rehear Talc Suit That Could Move To Calif.

    The Third Circuit has declined to reconsider a California woman’s proposed federal class action alleging that Johnson & Johnson falsely advertised its baby powder as safe, and her attorneys say they now plan to move the case to state court.

  • October 4, 2018

    EPA Inspector General Sets Ambitious Five-Year Plan

    The U.S. Environmental Protection Agency’s Office of Inspector General said it wants to increase its effectiveness by 10 percent between 2019 and 2023, according to a five-year strategic plan the office released Thursday.

  • October 4, 2018

    Starbucks Accused Of Mislabeling Gummies As 'All-Natural'

    Starbucks Corp. was hit with a proposed consumer class action in California federal court Wednesday accusing the coffee giant of mislabeling its sour gummy snacks as having "all-natural" flavors and profiting off of the deception.

  • October 4, 2018

    Intuitive Investors Get $42.5M Deal With Bargain Attys' Fees

    A California federal judge on Thursday preliminarily approved Intuitive Surgical Inc.’s $42.5 million settlement with shareholders who sued over its da Vinci robotic surgery systems’ safety, a deal with a 19 percent attorneys' fee cut that discounts the $20 million in billable time the investors’ lawyers racked up.

  • October 4, 2018

    Plumbing Co. Sues Allstate Over Asbestos Suit Coverage

    A plumbing manufacturing company formerly based in Erie asked a Pennsylvania federal court on Thursday to make Allstate Insurance cover the company’s asbestos-related settlements and defense costs, including claims about exposures dating to the late 1970s or earlier.

  • October 4, 2018

    Arizona Beverage Co. Hit With 'No Preservatives' Suit

    A trio of Arizona Beverage Co. customers filed a putative class action against the company in New York federal court Wednesday, claiming it falsely markets and labels its products as having no preservatives.

  • October 4, 2018

    DOT Stresses Cooperation In Regulating Automated Vehicles

    The U.S. Department of Transportation on Thursday outlined how government agencies can prepare for computer-driven cars and trucks to enter the country’s roadway system by talking to stakeholders and working together to create compatible regulations.

  • October 4, 2018

    GOP AGs Back Big Oil’s Bid To Ditch Wash. Climate Suit

    Republican attorneys general from 12 states urged a federal court Wednesday to nix King County, Washington's suit seeking to hold Big Oil liable for climate change-related infrastructure damage, arguing the county can't be allowed to use the courts to usurp federal and state regulation of climate change.

  • October 4, 2018

    $4.3M Engle Sanctions May Fund Ethics Training, Legal Aid

    A panel of federal judges overseeing long-running tobacco litigation in Florida federal court told the parties Wednesday they're considering allocating some of the $4.3 million that the court is holding from sanctions against two law firms to fund the Florida Bar's professionalism and ethics programming.

  • October 4, 2018

    Disbarred Atty, Ex-Clients Ink $19M Deal In Fen-Phen Case

    The members of an underlying class action over the popular weight-loss drug fen-phen have reached a $19 million settlement with their former attorney, a once well-known class action attorney who was disbarred after the courts found he pocketed a large portion of the $200 million fen-phen settlement.

  • October 3, 2018

    Bard Says Vein Filter Risks Reasonable As Trial Wraps

    C.R. Bard Inc. closed out the third bellwether trial in its vein filter litigation on Wednesday with an argument that the implant’s occasional drifting and breakage were reasonable risks, while lawyers for the patient suing the device maker told a Phoenix federal jury that the company should have halted sales instead of slowly introducing a sturdier design.

  • October 3, 2018

    J&J Expert: Mesothelioma In Women Rarely Due To Asbestos​​​​​​​

    A Johns Hopkins epidemiologist testifying for Johnson & Johnson on Wednesday told a New Jersey jury that more than three-quarters of mesothelioma cases in women are not attributable to asbestos exposure, citing studies as the company defends against a woman's claims that her alleged exposure to asbestos in J&J’s baby powder caused her cancer.

  • October 3, 2018

    Senate Sends Sweeping Opioid Legislation To Trump's Desk

    The U.S. Senate on Wednesday sent a massive bipartisan bill tackling the opioid crisis to President Donald Trump after passing the wide-ranging legislation 98-1.

  • October 3, 2018

    Tobacco Cos. Can't Duck Damages In Engle Suit, Judge Says

    A Florida federal judge found Wednesday that a 1999 law shielding exposure to punitive damages should not allow Philip Morris and R.J. Reynolds to duck damages in an Engle tobacco wrongful death suit, holding that three state appellate courts have rejected their argument.

  • October 3, 2018

    VW Must Face Claims Of Drivers Who Sold Cars Pre-Scandal

    A California federal judge Wednesday largely rejected bids by Volkswagen AG and electronics engineering firm Robert Bosch LLC to dismiss putative class claims from former owners who sold their affected diesel vehicles before news of an emissions-cheating scandal broke, saying the drivers alleged a sufficiently concrete injury.

  • October 3, 2018

    Emissions Crackdown Stretches To Small Auto Parts Makers

    The U.S. Department of Justice and the Environmental Protection Agency’s criminal prosecutions of small businesses that make aftermarket auto components that increase vehicles’ pollution are a show of force that experts say clearly indicates it’s not just giants like Volkswagen that need to be careful about their products’ effects on air quality.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Things To Watch In The New FAA Reauthorization

    Congress’ swift passage of a five-year reauthorization of the Federal Aviation Administration advances meaningful infrastructure investment, embraces aviation safety reforms and expands the government’s playbook for integrating drones, industry observers say. Here are a few notable provisions in the FAA Reauthorization Act of 2018.

  • October 3, 2018

    Talc From EBay Wrongly Kept Out Of P&G Trial, NJ Court Told

    A New Jersey trial court improperly barred evidence about vintage talcum powder purchased on eBay in a suit alleging a woman developed mesothelioma from using asbestos-contaminated talcum powder sold by a Procter & Gamble Co. predecessor, her husband’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the company’s favor.

Expert Analysis

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • Peering Behind The Peer Review Curtain

    William Childs

    The U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals specified peer review as one criterion for evaluating scientific evidence. But not all peer review is created equal, and sometimes additional exploration — whether through discovery into your adversaries’ experts, or early investigation of your own potential experts — may make sense, says William Childs of Bowman and Brooke LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.