Product Liability

  • November 1, 2017

    Apple Can't Dodge Suit Claiming IOS 9 Destroyed IPhones

    Apple Inc. failed to dismiss a putative class action claiming iPhone 4 users were duped into downloading a software update that made their devices buggy and unusable when a New York federal judge on Wednesday found that consumers adequately alleged the iOS 9 operating system was misrepresented.

  • November 1, 2017

    Chuck Norris, Wife Say MRI Drug Threatened Her Life

    Chuck Norris, known for fighting fictional crime on television, said in a California state court lawsuit on Wednesday that he and his wife have been in a fight for her life after drugs injected into her system during an MRI gave her a painful condition that cost them $2 million to treat.

  • November 1, 2017

    FDA Warns 4 Cos. On Pot Compound Cancer Claims

    The U.S. Food and Drug Administration on Wednesday warned four companies, including the provider of marijuana strain Charlotte’s Web, for illegally selling products online that were promoted as treatments or cures for cancer that allegedly contain cannabidiol, a non-psychoactive compound derived from marijuana.

  • November 1, 2017

    Fed. Circ. Upholds Ruling That FluMist Didn't Kill Child

    The Federal Circuit on Wednesday upheld a U.S. Court of Federal Claims special master’s decision that a flu vaccination made by AstraZeneca didn’t cause a girl with a mitochondrial disorder to die, finding that his ruling was “based on the record evidence and is not wholly implausible.”

  • November 1, 2017

    White House Panel Urges Sweeping Action On Opioid Crisis

    A special White House commission on Wednesday unveiled sweeping recommendations to ease the opioid crisis, including new payment policies for health care providers, changes to criminal sentences, stepped-up screening of imports and closer scrutiny of employer health insurance.

  • November 1, 2017

    Alaska, Ohio City Latest To Sue Over Opioid Marketing

    Litigation accusing opioid makers and distributors of deceptively marketing the safety of their painkillers has continued to grow, with the attorney general of Alaska suing Purdue Pharma on Tuesday and an Ohio city suing a wide range of companies Monday in their respective state courts.

  • November 1, 2017

    Final OK Granted For $741M In Takata MDL Settlements

    A Florida federal judge on Wednesday granted final approval for $741 million in settlements reached by Toyota, BMW, Subaru and Mazda to resolve consumer class actions over dangerously defective Takata Corp. air bags, including an award of $166 million in attorneys’ fees for class counsel.

  • November 1, 2017

    DOT Connected-Car Proposal May Be On Pause For Now

    The Trump administration may shelve a proposed rule requiring all new cars to be able to “talk” to each other to avoid crashes and get alerts on roadway hazards, casting doubt on whether an Obama-era proposal intended to reduce accidents and traffic fatalities will survive.

  • November 1, 2017

    Starbucks Latte Drinkers Seek Cert. In Underfilling Suit

    A proposed class of Starbucks customers asked a California federal judge on Tuesday to certify them in a suit alleging the ubiquitous chain underfilled lattes and mochas, arguing that all of their fraud claims are based on the same underlying issues.

  • November 1, 2017

    9/11 Victims Seek Terrorism-Linked Records From Dubai Bank

    Victims of the 9/11 terrorist attacks, their family members and insurers on Monday urged a New York federal judge to force Dubai Islamic Bank to turn over financial information related to hundreds of accounts with alleged connections to terrorism and threaten sanctions if the bank doesn’t comply.

  • November 1, 2017

    Negligent Credentialing Claim Survives In Surgery Suit

    A Kentucky federal judge ruled Tuesday that the guardian of a patient who claimed his doctor performed an experimental bariatric surgery without his consent could proceed with his case against the doctor’s former hospital, while also throwing out one count of negligence.

  • November 1, 2017

    CPSC Escapes Toy Safety Suit After Issuing Phthalates Regs

    A New York federal judge on Tuesday tossed a suit over the U.S. Consumer Product Safety Commission’s delay in banning five chemicals that could cause reproductive issues from children’s toys, after the final rule about the substances was published in the Federal Register last week.

  • October 31, 2017

    Racing Corvette Buyers Sue GM Over Unsafe Engines

    A putative class of race-enthusiast Corvette owners sued General Motors in Illinois federal court on Monday, alleging three model years of the Corvette Z06 had transmission and other defects that made it unsafe to drive on racetracks, and possibly even on highways.

  • October 31, 2017

    Walgreens Hit With Suit Over Prescription That Killed Child

    An Illinois woman on Monday hit Walgreens with a state court suit claiming store personnel gave her incorrect instructions for handling the anti-rejection drugs prescribed to her 3-year-old son after his heart transplant, resulting in his death.

  • October 31, 2017

    DuPont Snags Early Win In Liability Suit Over Marine's Death

    DuPont will not face a lawsuit over alleged defects in a helicopter that fatally crushed a Marine Corps sergeant, but its fellow defendant, aircraft manufacturer Sikorsky, will still have to defend itself from claims brought by the sergeant’s minor children, a California federal judge said Friday.

  • October 31, 2017

    EPA Says No Agency Grants For Science Committee Members

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday said that in an effort to avoid conflicts of interest, no member of one of the agency’s scientific advisory committees may receive an EPA grant while serving in that role.

  • October 31, 2017

    Drugmakers Want Chicago's Opioid Suit Paused Pending MDL

    Purdue Pharma, Janssen Pharmaceuticals and Cephalon Inc. on Monday asked an Illinois federal court to stay the city of Chicago’s suit accusing them of deceptively marketing opioid painkillers until after the Judicial Panel on Multidistrict Litigation decides whether to consolidate more than 70 related suits.

  • October 31, 2017

    Insys Founder Resigns From Board After Opioid Charges

    John N. Kapoor, the founder of Insys Therapeutics Inc., has resigned from the company’s board of directors after he was charged with racketeering and fraud for allegedly bribing doctors who prescribed a spray version of the opioid fentanyl to patients who didn’t necessarily have cancer pain.

  • October 31, 2017

    Without Motive, Murder Hard To Prove In Meningitis Trials

    Despite the dozens of deaths stemming from a 2012 meningitis outbreak linked to the New England Compounding Center and testimony about appalling conditions in its labs, federal prosecutors’ failure to secure murder convictions for its owner and head pharmacist boiled down to being unable to prove motive.

  • October 31, 2017

    Consumers Get Initial OK On $300M Vita-Mix Blender Deal

    An Ohio federal judge on Tuesday gave preliminary approval to a $300 million class action settlement that would end consumers’ claims that Vita-Mix Corp. blenders contained a defective seal that left flecks of a Teflon-like substance in their food and beverages.

Expert Analysis

  • Self-Driving Trucks Get Closer To Hitting The Road

    Lawrence Hamilton

    The U.S. House of Representatives recently passed bipartisan legislation in support of autonomous vehicles, but specifically excluded commercial motor vehicles. Labor unions and other stakeholders fear that deployment of autonomous trucks could lead to widespread job losses. However, safety considerations may ultimately bring self-driving commercial vehicles into service, say attorneys with Holland & Knight LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Between Counsel And Class Members, Silence Is Golden

    Thomas Dickerson

    Prohibiting all unapproved communications from both plaintiffs and defense counsel to members of a class of plaintiffs ensures that the court can safeguard the interests of the class members. A recent decision in a California federal court reveals the wisdom of this principle, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • And Now A Word From The Panel: Billing For An MDL

    Alan Rothman

    At its next hearing, the Judicial Panel on Multidistrict Litigation will consider an MDL motion arising from class actions against a telecommunications provider regarding pricing practices. Some plaintiffs oppose centralization because of legal differences among the various actions. But MDL centralization only requires the presence of one or more common questions of fact, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Mandatory Arbitration: Better Strategies For Retailers

    Ari Weisbrot

    For retailers facing frivolous lawsuits, there are clear benefits to requiring customers to resolve disputes in arbitration. But first, customers must voluntarily and knowingly waive the right to trial. A recent decision from the Western District of New York demonstrates how this can be effectively implemented, says Ari Weisbrot of Bryan Cave LLP.

  • Regulatory Changes May Boost Cosmetics Liability Claims

    Steven Napolitano

    Federal regulators have traditionally given cosmetics less scrutiny than other products. But legislation has been proposed this year in both the House and Senate that could significantly alter the regulation of cosmetics, and if passed, it would almost certainly lead to increased product liability claims, says Steven Napolitano of Skarzynski Black LLC.

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.

  • How Plaintiffs And Defense Counsel Misperceive Each Other

    Daniel Karon

    What makes the practice of law so stressful? Our thesis is that it comes from being terrible to each other. As a plaintiffs lawyer and a defense lawyer, we asked what we believed our opposition thought about us and how our opposition judged us — and then we compared notes, say Daniel Karon of Karon LLC and Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.