Product Liability

  • October 4, 2017

    Pa. Appeals Court To Rehear $38M Workplace Shooting Suit

    The Pennsylvania Superior Court has agreed to rethink a three-judge panel’s decision axing $38 million worth of punitive damages awarded to the families of two workers gunned down by a disgruntled colleague at a Kraft Foods Inc. plant in Philadelphia.

  • October 4, 2017

    9th Circ. Reverses Gov’t Win In Work Site Cleanup Suit

    A Ninth Circuit panel on Wednesday reversed a decision that let the federal government off the hook for cleanup costs at a San Diego site where a defense contractor produced equipment for the military for several decades, saying the lower court sharply deviated from the appellate court’s prior case law.

  • October 3, 2017

    Renco Can't Shake Claims Over Poisoning In Peru, Court Told

    A priest suing Renco Group Inc. on behalf of children who allegedly suffered lead poisoning from a Peruvian affiliate's metallurgical complex in the Andean highlands told a Missouri federal court on Monday that it has jurisdiction because the New York company and its owner had ultimate say over the complex through Missouri companies they controlled.

  • October 3, 2017

    Gilead To Take 9th Circ. Escobar Ruling To High Court

    Gilead Sciences Inc. on Tuesday said it will ask the U.S. Supreme Court to review a major Ninth Circuit ruling on False Claims Act liability, arguing that it created a circuit split on the Supreme Court's landmark Escobar decision.

  • October 3, 2017

    Coffee-Maker Importer To Pay $2M For Not Reporting Defect

    A Wisconsin federal judge on Tuesday entered a $1.9 million judgment against importer Spectrum Brands Inc. for taking years to report a defect in a Black & Decker-branded coffee maker that caused the handles of full carafes to suddenly break, leading to dozens of reported burns.

  • October 3, 2017

    3rd Circ. Sinks 'Bare Metal' Defense In Asbestos Suit

    A company that makes an asbestos-free product can be held liable for asbestos-related injuries under maritime law if the manufacturer could’ve reasonably known that a part containing asbestos would be added, the Third Circuit said Tuesday, reviving claims brought by now-deceased U.S. Navy veterans against General Electric and others.

  • October 3, 2017

    AbbVie's Marketing Of AndroGel 'Insidious,' Jury Told

    Attorneys for a man who had a heart attack while using AbbVie Inc.’s testosterone replacement therapy drug AndroGel told an Illinois federal jury Tuesday the company’s efforts to expand the drug’s market without studying its risks were part of an “insidious” plan to up its profits.

  • October 3, 2017

    Takata Special Master Reports Delays In Claims Plan

    The special master overseeing the handling of a nearly $1 billion restitution fund in the criminal lawsuit over Takata’s potentially deadly air bag inflators made his first report to a Michigan federal court on Tuesday, saying that he’s hit several delays carrying out his duties so far.

  • October 3, 2017

    Honeywell Hit With Wrongful Death Suit Over Plane Crash

    The heirs of four people killed in a 2015 plane crash in Indonesia sued Honeywell International Inc. in Illinois state court Monday, claiming the accident was caused by defects in the terrain warning system and autopilot feature made by the company.

  • October 3, 2017

    GM Fights To Be In Bankruptcy Trial Over Revoked Defect Deal

    General Motors Co. argued Tuesday it should get to participate in an upcoming trial over whether a vehicle defect settlement with car purchasers and accident victims that was never signed by a GM bankruptcy trust is enforceable, as the deal could require the manufacturer to hand over $1 billion in company equity.

  • October 3, 2017

    Flint Residents Combine Water Crisis Discrimination Suits

    Residents and business owners in Flint, Michigan, have launched a consolidated proposed class action in Michigan federal court against the state's governor, other public officials and private contractors over the city’s water crisis, saying that they weren’t treated the same as white residents in a neighboring county.

  • October 3, 2017

    FDA Warning Wire: No Love For Playful Granola Labels

    A granola maker’s labeling improperly described “love” as an ingredient, a South Korean drugmaker didn’t test for the presence of lethal contaminants implicated in past tragedies, and several Indian drugmakers failed inspections, according to newly released U.S. Food and Drug Administration documents.

  • October 3, 2017

    Smoker's Widow, Philip Morris Seek Changes To $350K Verdict

    Philip Morris argued Tuesday for reversal of a Florida jury's verdict awarding a cigarette smoker's widow $350,000, saying some of her claims were time-barred, while she sought retrial for other claims, alleging faulty jury instructions and improper closing arguments.

  • October 3, 2017

    Cephalon Slams Bid To Reinstate Pa. Opioid Marketing Suit

    A Pennsylvania appeals court was urged on Monday to affirm a decision that federal law preempted claims that off-label marketing by Cephalon Inc. of its opioid painkiller “lollipop” Actiq to treat migraines had led to the death of a Philadelphia family’s adult son.

  • October 3, 2017

    Vets Want DOD Docs About Radiation Exposure At Crash Site

    U.S. Air Force veterans who participated in the cleanup of a Vietnam War-era nuclear accident in Spain asked a Connecticut federal judge Monday to compel the Department of Defense to release to them the results of urinalysis it conducted at the time of the cleanup, saying they have been improperly denied disability benefits related to radiation exposure.

  • October 3, 2017

    Zac Brown, Live Nation Settle With Woman In Injury Suit

    Country singer Zac Brown has reached an undisclosed settlement with a blind woman who claimed she was injured when fans rushed the disabled section of a concert in an effort to shake the celebrity’s hand, a Massachusetts federal judge said Tuesday.

  • October 3, 2017

    Fruit Co. Seeks Sanctions In Contaminated Cane Juice Suit

    Agrana Fruit US Inc. on Monday asked an Ohio federal court to issue sanctions against AmCane Sugar LLC for evidence spoliation in its lawsuit accusing AmCane of selling it evaporated cane juice littered with stones, arguing that the company intentionally destroyed evidence, including screens used in the production process and 200 to 300 testing stones.

  • October 3, 2017

    J&J, DePuy Ask 1st Circ. For Stay To Appeal FCA Ruling

    Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. urged the First Circuit Monday to delay implementing its decision to keep alive a False Claims Act suit over allegedly faulty hip replacement devices while the companies appeal to the Supreme Court.

  • October 3, 2017

    EU, Canada Settle Decadeslong Beef Spat, Citing Trade Deal

    The European Union and Canada have put an end to a 21-year World Trade Organization battle over Brussels’ restrictions on hormone-treated beef, according to a WTO document circulated on Tuesday that cited provisions of the two governments’ new bilateral trade deal.

  • October 2, 2017

    Justices Let $3M Pelvic Mesh Verdict Against Ethicon Stand

    The U.S. Supreme Court on Monday rejected Johnson & Johnson subsidiary Ethicon’s bid to overturn a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, declining to review the ruling.

Expert Analysis

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Managing Consumer Expectations For Autonomous Vehicles

    Charles Moellenberg Jr.

    As consumers begin to sit in the driver’s seat of automated and autonomous vehicles, manufacturers and sellers have a golden opportunity to educate consumers on the benefits and risks of those vehicles and to shape their expectations, says Charles Moellenberg Jr. of Jones Day.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • Shopping For Standard Food Date Labels

    Brian Sylvester

    The voluntary initiative by grocery manufacturers and retailers to distill date labels to just two standard phrases should go a long way toward stemming consumer confusion. But if states continue to jump into the fray, a patchwork of differing standards could trigger federal rulemaking, says Brian Sylvester of Keller and Heckman LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 3

    Robert W. Ludwig

    In the final installment of this three-part series, attorney Robert W. Ludwig concludes his deep dive into the controversial history of Second Amendment jurisprudence.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

    Katie Gates Calderon

    Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.