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Product Liability

  • July 26, 2018

    Monsanto's Toxicology Figures Don't Hold Up, Jury Hears

    A toxicologist took the stand Thursday in a landmark California jury trial over claims Monsanto’s herbicides gave a groundskeeper lymphoma, saying 10 percent of the products' active ingredient can be absorbed through the skin — more than 10 times what Monsanto claims.

  • July 26, 2018

    Drugmaker Put 'Misbranded' Medicines On Market, Feds Say

    The U.S. government hit a Chicago-based medicine and supplement maker with a lawsuit in federal court Thursday over claims that the company is illegally selling “adulterated,” “misbranded” and unapproved dietary supplements and medicines for ailments such as HIV and Alzheimer’s disease.

  • July 26, 2018

    J&J Can't Get New Judge For Philly Pelvic Mesh Trial

    A Pennsylvania state judge has rebuffed Johnson & Johnson's argument that because his mother is suing the company, he should recuse himself from an upcoming trial of a woman’s claims that she suffered injuries from a pelvic mesh implant.

  • July 26, 2018

    3rd-Party Funder Recovers From Ex-NFLer's Injury Payout

    The Pennsylvania federal judge overseeing the National Football League concussion settlement ordered the settlement claims administrator to pay nearly half of an amount awarded to a former player to third-party litigation funder RD Legal after the funder sought to rescind a prior advance to the player.

  • July 26, 2018

    Sho-Me Pays $24M To End Land Dispute Before 3rd Trial

    Sho-Me Power Electric Cooperative has agreed to pay $24 million to a class of Missouri landowners who accused the company of violating land-use agreements, allowing the parties to avoid going to trial a third time, according to papers filed in Missouri federal court on Tuesday.

  • July 26, 2018

    Warning Claims Axed In Bard Blood Vessel Filter Bellwether

    An Arizona federal judge Thursday trimmed claims from a bellwether case in multidistrict litigation alleging that C.R. Bard Inc.’s blood vessel filters are dangerously defective, saying that the patient didn’t show that an inadequate warning caused her injuries.

  • July 26, 2018

    Media Can't Access Drug Co. Data In Opioid MDL

    An Ohio federal judge on Thursday blocked media access to voluminous drug company data divulged in multidistrict litigation over the opioid crisis, concluding that publicity would undermine a delicate discovery process in the high-stakes case.

  • July 26, 2018

    FDA To Mull Labeling For Nondairy 'Milks'

    The U.S. Food and Drug Administration said Thursday that it will be looking at whether plant-based beverages, like soy and almond milks, should be labeled differently, saying consumers might be confused about the nutritional differences between them and traditional dairy milk.

  • July 26, 2018

    3M Settles FCA Suit Over Military Earplugs For $9M

    3M Co. will pay $9.1 million to settle a whistleblower False Claims Act suit accusing it of knowingly selling defective earplugs to the U.S. military, the U.S. Department of Justice announced Thursday.

  • July 26, 2018

    Fiat Chrysler Must Face Negligence Claims In Rider's Death

    Fiat Chrysler must face a suit over a passenger’s death in a 2015 accident in which the Chrysler Dodge Durango he was riding in lost control and overturned, after a South Carolina federal judge ruled Thursday that negligence and warranty breach claims aren’t barred by Chrysler's 2009 bankruptcy sale order.

  • July 26, 2018

    600 Lb Gorillas Can't Expand Suit On Eve Of Ice Cream Trial

    Dessert company 600 lb Gorillas Inc. cannot add a New Jersey state law claim to its suit against ice cream supplier Mister Cookie Face LLC, a Massachusetts federal judge ruled Thursday, hours before a Boston trial was set to commence in their contract dispute.

  • July 26, 2018

    EPA Wants Navajo, States' Gold King Mine Claims Tossed

    The U.S. Environmental Protection Agency asked a New Mexico federal court to dismiss claims brought by New Mexico, Utah and the Navajo Nation over the 2015 Gold King Mine spill, arguing that the agency had been acting under its Comprehensive Environmental Response, Compensation and Liability Act authority.

  • July 26, 2018

    Factory Dust System Makers Can't Ditch $33M Injury Verdict

    A Texas state court judge has rejected a bid to upset a $33 million jury verdict against two companies that made components of a Georgia Pacific wood processing facility’s dust collection system, entering judgment for a worker who was burned in a fire at the plant.

  • July 25, 2018

    Judge Slams Fitbit, MoFo Attys For Arbitration Runaround

    A California federal judge sanctioned Fitbit Inc. and its Morrison & Foerster LLP attorneys on Wednesday for acting in bad faith, saying they owe attorneys' fees after getting a proposed consumer class action removed to arbitration only to reveal they had no intention of arbitrating the claims.

  • July 25, 2018

    Amazon Faulty Eclipse Glasses Suit Sent To Arbitration

    A South Carolina federal judge held Wednesday that a couple must arbitrate their claims stemming from Amazon.com Inc.’s sale of allegedly defective solar eclipse glasses that put wearers at risk of injuries like headaches and eye damage, saying they are both bound by the arbitration provision in the website terms.

  • July 25, 2018

    Ex-NHLers Won't Appeal Head Trauma Cert. Denial For Now

    Retired National Hockey League players who say the league hid the dangers of repeated head trauma and ignored scientific evidence linking the sport with long-term brain diseases will not immediately seek to appeal the denial of their bid to bring their claims in a class action, one of the lead attorneys for the players confirmed to Law360 Wednesday.

  • July 25, 2018

    BigLaw Atty Suspended For Calling Pregnancy A Delay Tactic

    Shook Hardy & Bacon LLP said Wednesday that it has suspended a Miami-based partner after he suggested that a pregnant opposing counsel was using her impending childbirth as a pretext to delay a product liability trial.

  • July 25, 2018

    Mister Cookie Face Rips Gorillas' Bid To Add NJ Claim

    Dessert maker Mister Cookie Face LLC cried foul on a bid by its former customer 600 lb. Gorillas Inc. to amend its complaint only days before a trial between the two over the butterfat content in ice cream by adding a claim under the New Jersey Consumer Fraud Act, according to an opposition filed Wednesday in Massachusetts federal court.

  • July 25, 2018

    Jury Tacks $1M Onto $3.5M Smoking Verdict Against Reynolds

    A Florida jury on Wednesday hit R.J. Reynolds with roughly $1 million in punitive damages, a day after finding the company bore the majority of the blame for a smoker’s cigarette addiction and resulting vascular and heart diseases and awarding $3.52 million in compensatory damages.

  • July 25, 2018

    Toyota Can’t Protect Documents From Seat-Design Trial

    A Texas appeals court on Tuesday rejected Toyota’s bid to undo a trial court’s decision to admit allegedly privileged documents into a suit accusing the automaker of designing defective front seats that collapsed during a crash, severely injuring children in the backseat.

Expert Analysis

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.

  • What To Know About Proposed Chemical Safety Reg Changes

    Shannon Broome

    Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.

  • How Courts Apply Contact-Sports Exception To Nonplayers

    Amy Crouch

    Established case law holds that a sports participant has no claim against another participant for injuries sustained during play, unless the co-participant intentionally or recklessly injured the other. In the context of concussion-based litigation, courts have grappled with how to apply that standard to entities far removed from the field of play, say Amy Crouch and Kerensa Cassis of Shook Hardy & Bacon LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.