Product Liability

  • June 12, 2017

    Justices Say Xbox Buyer Who Ended Defect Suit Can't Appeal

    The U.S. Supreme Court on Monday pulled the plug on a proposed class action alleging defects in Microsoft Xbox 360 game consoles, ruling that the Ninth Circuit does not have jurisdiction to review an order denying class certification after the consumers in the suit voluntarily dropped their claims.

  • June 9, 2017

    6th Circ. Affirms Ex-Atty’s Lengthy Sentence In 2nd Appeal

    A former attorney who admitted to stealing funds from a $42 million judgment tied to a class action over the diet drug fen-phen saw his once-vacated 20-year prison sentence affirmed Friday when the Sixth Circuit ruled the lower court properly addressed an enhancement issue.

  • June 9, 2017

    J&J Targeted Minorities With Deadly Talc, Jury Told

    Johnson & Johnson boosted talcum powder sales by targeting African-American women, who face a higher cancer risk from talc use, counsel for three women who died of ovarian cancer after using J&J’s products said during Friday opening statements in the latest Missouri jury trial over J&J’s talc products.

  • June 9, 2017

    GM's Excess Insurers Ordered To Prorate Asbestos Coverage

    A Delaware judge on Thursday ruled that excess insurers OneBeacon Insurance Co. and Continental Casualty Co. must share on a prorated basis coverage of tens of thousands of asbestos injury claims against prebankruptcy General Motors Corp., while also finding that the claims constitute a single occurrence.

  • June 9, 2017

    8th Circ. Upholds Toyota Sudden Acceleration Verdict

    The Eighth Circuit on Friday upheld a $11.4 million verdict awarded in a suit blaming an unintended acceleration defect for a fatal Toyota car crash — which had led to a man's imprisonment on vehicular manslaughter charges — finding that the jury’s verdict wasn’t based on sheer speculation.

  • June 9, 2017

    Kraft Succeeds At Nixing Class In 'Natural' Cheese Suit

    A California federal judge on Friday partly granted a motion by Kraft Foods Group to decertify and trim the claims of a class of consumers accusing it of falsely advertising artificially colored fat-free cheddar cheese as "natural," saying the class didn't give enough evidence to show its members deserved restitution.

  • June 9, 2017

    NJ Soup Maker Resolves Spat Over GMO Ingredients

    A Florida consumer on Friday dropped his proposed class action claiming that a family-owned New Jersey soup maker duped shoppers into believing its products are all-natural when they actually contain a number of genetically modified ingredients.

  • June 9, 2017

    Product Liability Regulation & Legislation: Midyear Report

    At the beginning of the year, product liability attorneys were expecting to see further action from the U.S. Food and Drug Administration on a number of issues, such as requirements for menu labeling and how it intended to police the off-label promotion of drugs and medical devices. Here, Law360 takes a look at the current state of regulatory and legislative affairs in the product liability world.

  • June 9, 2017

    No Clarity On The Horizon For Anti-Drone Technology

    With the rapid uptake of unmanned aircraft systems, both the drone industry and property owners — among others — want certainty on the legality of nascent “anti-drone” technology, but the state of related law is murky at best and is likely to remain so for at least the near future.

  • June 9, 2017

    Bayer, Janssen Say Blood Thinner Warning Claim Preempted

    Bayer and Janssen urged a Louisiana federal judge Thursday to toss patients’ last remaining failure-to-warn claim in multidistrict litigation alleging their blood thinner Xarelto caused irreversible bleeding, saying they couldn’t have changed the treatment’s label to recommend a diagnostic test without approval by the U.S. Food and Drug Administration.

  • June 9, 2017

    Philly Jury Clears J&J In Latest Pelvic Mesh Case

    Johnson & Johnson’s losing streak in pelvic mesh litigation in Philadelphia ended on Friday as a jury rejected claims that a defective implant had left a woman facing the prospect of a lifetime of chronic pain.

  • June 9, 2017

    DC Circuit Says Locomotives Can Idle At Night In Delaware

    Delaware authorities won’t be allowed to order locomotives idling in residential areas at night to quiet down or move along, the D.C. Circuit said on Friday, rejecting the state’s challenge of a Surface Transportation Board finding that its train idling statute was overruled by federal law.

  • June 9, 2017

    Insurers Must Defend Pa. School In Tainted Water Suit

    A Pennsylvania federal judge on Friday found that two insurance companies have a duty to defend a school district against a proposed class action over alleged water contamination, saying the at-issue pollution exclusions do not apply to the underlying claims.

  • June 9, 2017

    Walgreens, McKesson Look To Block Cherokee Opioid Suit

    Major pharmacies and drug distributors including Walgreens and McKesson asked an Oklahoma federal court Thursday to pump the brakes on the Cherokee Nation’s efforts in its tribal court to make them pay for the opioid crisis plaguing its citizens, contending that the tribe lacks jurisdiction.

  • June 9, 2017

    Q&A With Baron And Blue's Lisa Blue

    I have never lost my passion for politics and remain committed both on a national and local level to help elect lawmakers who want to protect the constitutional right to trial by jury, says Lisa Blue of Baron and Blue.

  • June 9, 2017

    Native American Cases To Watch In The 2nd Half Of 2017

    A U.S. Supreme Court fight over whether a law that ended a challenge to a tribal casino passes constitutional muster and the Cherokee Nation's tribal court suit seeking to hold major pharmacies and drug distributors accountable for the opioid crisis plaguing its citizens are at the top of the list of cases Native American law practitioners will be keeping an eye on in the second half of 2017.

  • June 9, 2017

    Trans Fat Suit Should Stay In Federal Court, Mondelez Says

    Nabisco Ginger Snaps maker Mondelez International Inc. asked a California federal judge Thursday to keep in federal court a proposed class action alleging the cookies are mislabeled and violate rules against trans fats, saying the product is sold nationwide and a California-based grocery store isn’t responsible for the bulk of the alleged misconduct.

  • June 9, 2017

    Calif. Jelly Belly 'Cane Juice' Suit Tossed For Now

    Although a California federal judge ruled Thursday that a California woman plausibly showed the public could have been misled by Jelly Belly's labeling its “Sport Beans” as containing “evaporated cane juice” instead of sugar, he dismissed her complaint for lacking specifics about her own Sport Beans purchase.

  • June 9, 2017

    U. Of Tulsa, NCAA Hit With Concussion Class Action

    Former football players for the University of Tulsa hit the school, Conference USA and the NCAA with a proposed class action Thursday in Texas federal court, accusing the trio of letting them suffer repeated traumatic head injuries without proper medical care despite understanding the serious long-term repercussions.

  • June 9, 2017

    Abbott Labs Hit With $15M Verdict In Depakote Trial

    An Illinois federal jury found that Abbott Laboratories failed to properly warn doctors about the risk of a severe birth defect in the babies of women taking its blockbuster drug Depakote on Friday, awarding a 10-year-old boy born with the defect $15 million.

Expert Analysis

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.

  • 3 Guidelines For Avoiding CPSC Penalties

    Robert Hopkins

    The U.S. Consumer Product Safety Commission's recent $4.65 million civil penalty against Viking Range serves as a harsh reminder to manufacturers, importers and/or distributors of consumer products of the strict obligation to immediately report product safety issues to the CPSC, say Robert Hopkins and Bryan Gales of Duane Morris LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Haeger V. Goodyear: Just Put The Cookie Back In The Jar

    Jeb Butler

    The U.S. Supreme Court's recent ruling in Haeger v. Goodyear illustrates how manufacturers and their lawyers get away with withholding evidence. If the chances of getting caught are low, and the penalty is merely that you go back to where you started, there is little incentive to play fair, says Jeb Butler of Butler Tobin LLC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.