We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • August 1, 2018

    Junior Mints Dodges Class Action Over Slack-Fill In Boxes

    A New York federal judge on Wednesday axed a proposed class action alleging that Tootsie Roll Industries LLC fills its boxes of Junior Mints with too much air, saying the boxes contain enough information for consumers to figure out how much candy they contain and that the court wouldn't "enshrine into the law an embarrassing level of mathematical illiteracy."

  • August 1, 2018

    Charter May Have To Cough Up NCTA Docs To NY AG

    A New York state appeals judge told Charter Communications that it can't necessarily withhold communications with telecom trade association NCTA from the state attorney general's office in a false advertising suit over the cable company's purported internet speeds.

  • August 1, 2018

    Opioid MDL Counties Get Partial Info From McKesson Report

    A special master appointed to oversee a discovery dispute in multidistrict litigation over the opioid crisis partially granted a request by counties for more information from a McKesson Corp. investigation into suspicious drug order oversight, finding Wednesday the counties are entitled to witness names but that statements and terms used in the investigation are protected work product.

  • August 1, 2018

    Pa. High Court To Weigh How Asbestos Liability Is Divided

    The Supreme Court of Pennsylvania on Tuesday said it will decide whether the state’s Fair Share Act requires juries in asbestos cases to apportion liability on a percentage basis, after a trial court evenly split a $6.4 million asbestos verdict among eight companies.

  • August 1, 2018

    NJ Justices Say Unreliable Evidence Kills Accutane MDL

    The New Jersey Supreme Court on Wednesday toppled more than 2,000 cases alleging Hoffman-La Roche Ltd.’s acne drug Accutane causes gastrointestinal problems, ruling that courts must assess the scientific reliability of evidence before it’s placed before a jury.

  • August 1, 2018

    Top Product Liability Cases Of 2018: Midyear Report

    So far in 2018, attorneys have seen juries return staggering verdicts against Johnson & Johnson in cases alleging its talc products contained carcinogenic asbestos, a ruling that dealt a massive setback for former National Hockey League players bringing concussion claims and an embarrassing, but not devastating, ruling for plaintiffs in hip implant litigation. Here are the top product liability rulings and verdicts so far this year.

  • August 1, 2018

    Nestle Wants Poland Spring Labeling Row Tossed

    Nestle Waters North America Inc. told a Connecticut federal judge on Monday that consumers were "returning to the same empty well" in an amended version of a proposed class action alleging Poland Spring water is misleadingly labeled, arguing that the suit should be tossed for good.

  • August 1, 2018

    Apple Hit With Suit Over SC Man's Exploding IPhone

    A South Carolina man was severely burned after an exploding iPhone 6 battery set his clothes on fire, according to a new product liability suit filed against Apple in federal court.

  • August 1, 2018

    Jaguar Land Rover Aims To Ax Suit Over Timing Chains

    Jaguar Land Rover North America LLC asked a New Jersey district court Tuesday to toss a proposed class action alleging the company concealed a defect in the timing chains of its vehicles, saying a single repair for a lone plaintiff doesn't justify nationwide class claims.

  • August 1, 2018

    Benecol Buyers Seek Class Cert. In Trans Fat False Ad Suit

    Customers who claim Johnson & Johnson falsely advertised its Benecol buttery spreads as having no trans fat asked a New York federal judge to certify them as a class, saying that common evidence, including prominent product labeling, supports their suit.

  • August 1, 2018

    Chipotle Sued Over Food Poisoning Outbreak in Ohio

    An Ohio man who was badly sickened after eating chicken tacos at a Chipotle Mexican Grill tied to a large food poisoning outbreak sued the fast-casual giant in state court Tuesday, in what his attorneys say is only the first of many lawsuits to come.

  • August 1, 2018

    Car Dealers Want $10.8M Pact OK'd In Price-Fixing Case

    A group of car dealers has asked a federal judge in Michigan to approve a $10.8 million settlement in a proposed class action against Tokai Rika Co. Ltd., resolving multidistrict litigation accusing the Japanese auto parts maker of taking part in a bid-rigging and price-fixing conspiracy involving many others.

  • August 1, 2018

    UK Construction Co. Can Limit Access To Insurance Trial Docs

    The U.K.'s Court of Appeal has sided with construction company Cape Intermediate Holdings Ltd. in its challenge to an order granting an asbestos victims support group access to documents from a trial where insurers pursued claims over payouts to individuals who had mesothelioma from contact with Cape products made with asbestos.

  • July 31, 2018

    Wash. Judge Blocks 3D Gun Blueprint Releases, For Now

    A Washington federal judge temporarily blocked the public dissemination of instructions for 3D printing guns on Tuesday, noting that the Trump administration appears to have made a “dramatic change” without following prescribed procedures and adding that the firearms could fall into the wrong hands.

  • July 31, 2018

    Remington Escapes Wrongful Death Suit Over Recalled Rifle

    A Mississippi federal judge on Monday threw out a wrongful death suit brought by the family of an 11-year-old killed in 2011 by an allegedly defective Remington Model 700 XMP rifle that was subsequently recalled, saying the family waited too long to research why the gun had discharged.

  • July 31, 2018

    Monsanto Expert Rips Studies Linking Herbicide To Cancer

    A Harvard associate professor of epidemiology testified Tuesday in a landmark California state jury trial over claims Monsanto's herbicides gave a school groundskeeper lymphoma that multiple epidemiological studies over the past two decades show no causal link between the herbicides' active ingredient and cancer, and that statistics showing links are biased.

  • July 31, 2018

    NFL Concussion Settlement Pays Out Over $502M In Claims

    The special master overseeing the National Football League’s concussion settlement on Monday said that more than half a billion dollars in claims have been awarded in the past year and a half, exceeding what the NFL originally estimated it would pay out over 10 years.

  • July 31, 2018

    Starbucks Scores Small Win In Battle Against Cancer Labels

    A California judge who ruled in May that coffee must carry cancer warnings said Tuesday that before entering an injunction requiring such labels, he would entertain arguments by Starbucks and other coffee companies that a rule being considered by a state environmental health agency would make the warnings unnecessary.

  • July 31, 2018

    6th Circ. Urged To Rethink Class Issues In Dayton Toxic Tort

    Four companies have urged the full Sixth Circuit to rethink a panel’s recent ruling cementing the certification for classwide treatment of certain issues in a group of Dayton, Ohio, residents’ lawsuit accusing them of groundwater pollution, saying that the panel’s ruling “opened the virtual class action floodgates.”

  • July 31, 2018

    Insys Founder Tries To Exit Suit Over Drug-Related Death

    The founder of Arizona-based opioid manufacturer Insys Therapeutics Inc. has urged a New Jersey federal court to release him from a couple’s lawsuit over their daughter’s drug-related death, arguing he has nothing to do with claims arising in the Garden State.

Expert Analysis

  • Merger Or Acquisition? Beware The Wrong Description

    Jillian Thornton Flax

    The acquisition of other companies with complementary manufacturing practices or products is commonplace today. But the Eighth Circuit's April ruling in Kirk v. Schaeffler Group USA highlights the fact that an acquiring company must ensure its deals are properly represented in any public matter, given the possible consequences for future product liability litigation, says Jillian Thornton Flax is a member of Cozen O'Connor.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Kellie Combs

    The U.S. Food and Drug Administration recently provided drug and device manufacturers additional flexibility to convey certain types of truthful, nonmisleading product information. These guidance documents address FDA regulation of manufacturer communications, but the FDA still has work to do to complete its comprehensive review of policies in this area, say attorneys at Ropes & Gray LLP.

  • Win For Zen Magnets Still A Good Precedent For The CPSC

    Matthew Howsare

    A federal judge's June 12 ruling that Zen Magnets' due process rights were violated by the U.S. Consumer Products Safety Commission puts CPSC commissioners on notice that their public statements can be used against them if they suggest a prejudgment. But the decision supports the commission’s authority to interpret its own regulations, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Tips For Keeping FDA Advisory Action Letters Out Of Court

    Jaime Davis

    The U.S. Food and Drug Administration often gives drug and device manufacturers notice of perceived violations by sending advisory action letters. Plaintiffs counsel may seek to admit such letters in litigation, but there are multiple ways defendants can try to keep juries from seeing them, say Jaime Davis and Caitlyn Ozier of King & Spalding LLP. 

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.