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Product Liability

  • May 9, 2018

    Man Stole Friend's Warhol Prints, Sold Fakes, Feds Say

    Federal agents on Wednesday arrested a Massachusetts resident they believe stole several pieces of acclaimed artwork from a friend in South Korea, including two Andy Warhol silkscreen prints, then copied and sold them in a heist that culminated in one count of wire fraud in Massachusetts federal court.

  • May 9, 2018

    DOJ Sues To Stop Clinics' Unapproved Stem Cell Treatments

    The U.S. Department of Justice is seeking to enjoin clinics that it says are advertising stem cell treatments without approval from the U.S. Food and Drug Administration, hitting them with lawsuits in California and Florida federal court Wednesday.

  • May 9, 2018

    Attys Brawl Over Hospital Choice For Opioid MDL Bellwether

    Plaintiffs’ attorneys in multidistrict litigation over the opioid crisis are alleging shady maneuvering and conflicts of interest as they vie to represent hospitals in a bellwether case, according to a filing on Wednesday in Ohio federal court.

  • May 9, 2018

    DuPont Gets $7M Leukemia Liability Award Tossed

    A Texas state appellate court has overturned a $7 million jury award to an industrial painter who claimed his leukemia was caused by exposure to a chemical found in paint and thinners manufactured by DuPont Co., ruling the patient’s experts did not base their testimony on reliable evidence.

  • May 9, 2018

    Family Dollar Escapes Aloe Vera Labeling Suit, For Now

    Family Dollar Inc. temporarily escaped a proposed class action alleging it violated consumer protection laws by selling an aloe vera gel that didn’t contain the plant’s active ingredient after an Illinois federal judge ruled Tuesday the company might not have known about the defect.

  • May 9, 2018

    Court Asked To Force Investment Firms To Repay Ex-NFLers

    Counsel for the class in the National Football League’s uncapped concussion settlement Tuesday asked a Pennsylvania federal court for sanctions against a group of related financial firms they say have failed to account for funds invested by class members.

  • May 9, 2018

    Thoratec Investors Win Cert. In Revived Stock-Drop Suit

    A group of Thoratec Corp. shareholders won class certification Tuesday in a recently revived suit claiming the medical device company hid risks linked to its heart devices, as a California federal judge concluded the company made material misrepresentations that could have reasonably misled investors.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    DOT Picks Expanded Drone Ops Test Sites, Mulls New Rules

    The U.S. Department of Transportation on Wednesday picked 10 sites in Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee to test expanded drone operations, including package-delivery and nighttime flights, and is considering additional new rules for drones.

  • May 9, 2018

    RJ Reynolds Seeks To Undo Punitives In $11.5M Award

    R.J. Reynolds asked a Florida appeals court Wednesday for a new trial in a case that resulted in an $11.5 million award for the relatives of a nurse who died of lung cancer, arguing that the instructions to the jury regarding how they could determine entitlement to punitive damages gave the jurors an erroneous impression.

  • May 9, 2018

    Pa. Court Grapples With Proof Behind $1M Fracking Fine

    As part of an ongoing dispute over a $1.1 million fine levied against an EQT Corp. unit for hydraulic fracturing fluid that leaked from an in-ground impoundment, a Pennsylvania appeals court wrestled during oral arguments on Wednesday over how to prove whether soil-bound contaminants had moved into groundwater.

  • May 9, 2018

    Starbucks Fails To Sway Judge In Calif. Cancer Warning Case

    Starbucks and other companies in the coffee business will likely have to put up public cancer warnings in California, after a state judge ruled that their experts had failed to convince him that java should be exempted from a controversial state notification law.

  • May 9, 2018

    Patients Paid When Takeda Hid Actos Cancer Risks, Suit Says

    The mass of litigation accusing Takeda Pharmaceuticals America Inc. of hiding that its diabetes drug Actos causes bladder cancer continued to grow Tuesday, with a new potential class action in California federal court filed by patients hoping to recoup the money they paid for the “inefficacious and dangerous” drug.

  • May 9, 2018

    $117M Verdicts In J&J Talc Case Must Stand, Couple Says

    A husband and wife have called on a New Jersey state court to uphold their trial victories totaling $117 million in damages against Johnson & Johnson and its talc supplier, saying they established that the man’s exposure to the pharmaceutical giant’s asbestos-containing talcum powder played a substantial role in causing his mesothelioma.

  • May 9, 2018

    Neb. Tribes Sue Pharma Cos. Over 'Havoc' From Opioid Crisis

    Three Nebraska tribes accused Purdue Pharma LP, McKesson Corp. and other opioid manufacturers and distributors in federal court Tuesday of allowing their drugs to be diverted into and wreak "havoc" on tribal communities, adding to the growing number of cases against pharmaceutical companies over the opioid epidemic.

  • May 9, 2018

    Snowboarder's Injury Suit Against Pa. Resort Sent To Trial

    A Pennsylvania federal judge has found a trial is necessary in a suit accusing Big Boulder of negligence in a snowboarder's accident, saying there are questions of where personal responsibility ended for the snowboarder and where negligence — if there was any — began for the resort.

  • May 9, 2018

    Titan Of The Plaintiffs Bar: Hagens Berman's Steve Berman

    Hagens Berman Sobol Shapiro LLP’s Steve Berman helped secure a $1.67 billion payout for dealers over Volkswagen’s emissions cheating scandal and a $209 million settlement for student-athletes suing the NCAA over its limits on compensation for living expenses, earning him a place as one of Law360’s 2018 Titans of the Plaintiffs Bar.

  • May 9, 2018

    Apple Consumers Denied Cert. In IPhone Touch-Screen Suit

    A California federal judge on Tuesday refused to certify a class of Apple consumers who claim the tech giant failed to tell them about a design defect in the iPhone 6 and iPhone 6 Plus that causes the touch screen to stop responding, finding they failed to meet the predominance requirement for certification.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 8, 2018

    Drug Execs Deny Blame For Role In Opioid Crisis

    Four executives for drug distributors including Cardinal Health Inc. and McKesson Corp. on Tuesday told lawmakers their companies didn't feed the deadly opioid crisis, although another admitted his company did play a role in the ongoing epidemic.

Expert Analysis

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.

  • Innovator Liability: A Pandora’s Box For Pharma Cos.?

    Monee Hanna

    A number of state high courts have recently held brand-name prescription drug manufacturers liable for inadequate labeling claims brought by patients who took generic equivalents. While only a few states have endorsed this doctrine, the trend may be growing, say Monee Hanna and Nicholas Janizeh of Tucker Ellis LLP.

  • There Is A Cognitive Science Behind Big Jury Verdicts


    In most trials with large verdicts, the jury award is determined by multiple factors, including the facts of the case, strength of evidence, bias, emotion and jury instructions. However, we should not disregard the effect on jurors of the cognitive limits conceptualizing large numbers, say Dennis Stolle and Amit Patel of ThemeVision LLC, a jury research and litigation consulting firm affiliated with Barnes & Thornburg LLP.

  • Why Bristol-Myers Applies To Federal Class Actions

    William Delgado

    The U.S. Supreme Court's Bristol-Myers Squibb ruling, limiting state courts' personal jurisdiction over nonresident defendants, did not speak to whether the Fifth Amendment imposes similar limits on federal courts' personal jurisdiction. But the Fourteenth Amendment generally protects defendants from service of process by foreign jurisdictions, say William Delgado and Amelia Sargent of Willenken Wilson Loh & Delgado LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.