Product Liability

  • September 7, 2017

    Quaker Oats Asks Court To Formalize End Of Class Actions

    Food conglomerate Quaker Oats Co. on Wednesday asked an Illinois federal judge to enter judgment on a pair of putative class actions that were closed last month after the dismissal of a larger consolidated class action claiming Quaker’s oatmeal contained trace amounts of the pesticide glyphosate.

  • September 7, 2017

    Westchester Must Face Chem Co.'s Cleanup Coverage Claims

    An Illinois federal judge on Thursday refused to grant Westchester a quick win on Velsicol Chemical LLC's claims for coverage of its costs in connection with a slew of environmental cleanup actions and personal injury suits, finding that multiple factual issues preclude a ruling in the insurer's favor.

  • September 7, 2017

    Manufacturer Must Face Claims Of Defective Guardrail Design

    A Georgia man who claims a defective Trinity Industries Inc. guardrail pierced the length of his car and severely injured him during a car crash can proceed with his lawsuit against the company, a Georgia federal judge said Thursday.

  • September 7, 2017

    Texas 1st Responders Sue Arkema Over Post-Blast Fumes

    Seven first responders who sued Arkema Inc. in Texas court Thursday won a same-day temporary restraining order that the chemicals maker preserve evidence, including air-quality samples taken at its plant after fumes from a series of explosions sent police and medical personnel to the hospital.

  • September 6, 2017

    Judge Trims Some Claims In Lifeway Milk Smoothie Suit

    Lifeway Foods Inc. saw its motion for dismissal of an Illinois consumer class action largely denied on Wednesday when a federal judge tossed only two counts from a complaint alleging it falsely marketed a probiotic dairy product known as kefir.

  • September 7, 2017

    FDA Says Baby Foods Can Say They Prevent Allergies

    The U.S. Food and Drug Administration on Thursday for the first time gave the green light to companies to state on labels that some baby foods can prevent peanut allergies, citing new research showing feeding peanut products to young children with certain health conditions can prevent them from developing an allergy.

  • September 7, 2017

    EU Consumer Authorities Pressure VW On Emissions Fixes

    European Union consumer authorities and the European Commission on Thursday called on the head of Volkswagen to fix all the cars in the bloc with emissions-cheating software in the next few months as the German automaker pledged to do last year.

  • September 7, 2017

    Ex-NJ Justice Says No Impropriety As Master In Fraud Suit

    Former New Jersey Supreme Court Justice Roberto A. Rivera-Soto fired back at opposition to his appointment as special master in an asbestos fraud class action in New Jersey federal court, saying in a certification Wednesday that there’s no impropriety despite his former and current firms’ connection to the parties.

  • September 7, 2017

    $4.5M Deal In False Supplement Ad Suit Gets Final Nod

    An Illinois federal judge gave the go-ahead to a $4.5 million settlement in a class action against a supplement maker Thursday, ending claims the company falsely marketed its joint health product Instaflex.

  • September 7, 2017

    FDA Invites Public To Weigh In On Regulatory Reform

    The U.S. Food and Drug Administration on Thursday urged the public to share ideas about how current regulations could be repealed, modified or replaced in accordance with the Trump administration’s executive orders about “regulatory reform.”

  • September 7, 2017

    J&J Slammed With $57M Verdict In Philly Mesh Case

    A Philadelphia jury on Thursday awarded $57.1 million in damages to a woman who accused a Johnson & Johnson unit of manufacturing a defective pelvic mesh implant that scarred her urethra and left her incontinent.

  • September 7, 2017

    Atlantic Off Hook In Battle Over Coverage For E-Cig Explosion

    Atlantic Casualty Insurance Co. has prevailed in a coverage dispute with a vape shop that is being sued by a woman after an e-cigarette allegedly exploded in her mouth, as a Washington federal court granted the insurer summary judgment on Wednesday.

  • September 7, 2017

    Judge Won't Pause Petrobras' $400M Suit Over Bad Rig Chain

    A Texas federal judge on Wednesday trimmed a $400 million suit brought by Petrobras America Inc. and its insurers against a Spanish manufacturer but declined to halt the remaining claims over an allegedly defective component at an offshore oil and gas rig for arbitration.

  • September 6, 2017

    Suit Over Claims Admin's Deal In $16M Award Heads To Trial

    A Massachusetts federal judge on Wednesday changed course and ruled an insurance claims administrator is protected by a state “safe harbor” law in a suit arising from a $16 million verdict stemming from a woman’s death at a nursing home, but said a trial is still needed to resolve the case.

  • September 6, 2017

    Takata Creditors Question Ch. 11 Notices In Air Bag Case

    Manufacturing creditors of bankrupt vehicle airbag maker Takata Corp. objected Wednesday to taking on most of the $37 million cost of expanded notifications to future individual claim-makers, arguing in a Delaware bankruptcy filing that the expense is part of the overall case cost and benefit.

  • September 6, 2017

    McCaskill Slams Opioid Drugmaker Over Sales Efforts

    Sen. Claire McCaskill, D-Mo., said on Wednesday that an investigation she is leading into prescription opioid manufacturers has revealed that the maker of a fentanyl-based pain medication linked to the death of a New Jersey woman had engaged in aggressive and even deceptive efforts to reduce barriers to prescriptions for the powerful drug.

  • September 6, 2017

    Daiichi Wants In On RoxyBond Rival's FDA Challenge

    Daiichi Sankyo Inc. on Wednesday asked a Pennsylvania federal judge if it could intercede in a rival’s suit challenging the U.S. Food and Drug Administration’s approval of abuse-deterrent opioid RoxyBond, saying it has a direct interest in the case’s outcome.

  • September 6, 2017

    House Passes Bill For New Self-Driving Car Rules

    The House of Representatives on Wednesday passed a bill intended to ease the process for deploying self-driving cars on the country’s roads, changing federal rules for safety, vehicle testing and other measures.

  • September 6, 2017

    FDA Releases Guidance On Connected Medical Devices

    The U.S. Food and Drug Administration on Tuesday released final guidance outlining its advice for how electronic medical devices can talk to each other and information systems safely and securely.

  • September 6, 2017

    Goldberg Nabs Toxic Tort Team From Segal McCambridge

    Goldberg Segalla announced Tuesday that it has nabbed a seven-attorney team from Segal McCambridge Singer & Mahoney Ltd. to bolster its toxic tort and environmental practice group in Philadelphia.

Expert Analysis

  • Bristol-Myers Squibb: The Aftermath

    Erin Bosman

    Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California. Mass tort defendants appear to be wasting little time in moving to dispose of claims from nonresident plaintiffs under this ruling, say attorneys with Morrison & Foerster LLP.

  • How A Dairy Campaign Went Sour Under The Lanham Act

    Randy Miller

    When Arla Foods portrayed a little girl defining a common hormone used to increase milk production in cows as “weird stuff” akin to a “six-eyed monster,” a Wisconsin federal judge recently decided the ad went too far and would likely mislead consumers. The court's opinion will likely be relied upon by other Lanham Act litigants as health and safety claims in advertising continue to grow, say Randy Miller and Kevin Weigand of Venable LLP.

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

    Robert W. Ludwig

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

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Trimming An MDL Expert's Testimony On Remand

    Michelle Hart Yeary

    In Walker v. Ethicon, a case remanded from multidistrict litigation, the Northern District of Illinois recently found that a plaintiffs expert's reports went beyond the scope of what was legally permissible. Expert testimony's conformity with state law will be under particular scrutiny by the remand court in such situations, says Michelle Yeary of Dechert LLP.

  • How Highly Automated Vehicles Will Drive Legal Change

    Jason McCarter

    When highly automated vehicles are prevalent on the road there will be at least three major areas in which risk allocation associated with automobiles will change: litigation, contracting and regulation, say Jason McCarter and Tracey Ledbetter of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • An FDA Petition Denial Preempts A Failure-To-Warn Claim


    The Tenth Circuit recently affirmed that a branded drug manufacturer was not liable for failing to warn consumers about alleged birth defect risks when the U.S. Food and Drug Administration had previously rejected a citizen’s petition calling for the same warnings. If other circuits agree, pharmaceutical companies may face reduced burdens from state law warning requirements, say attorneys with Morrison & Foerster LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • If The Surgeon's A Robot, Who's The Learned Intermediary?

    James Beck

    In addition to driverless cars, it is time to contemplate surgeonless surgery. Autonomous surgical robots are on the horizon, and product liability litigation might follow. A key question is what happens to the learned intermediary rule when the product itself stands in the shoes of the doctor, says James Beck of Reed Smith LLP.