Product Liability

  • January 3, 2018

    Alissa Starzak Talks Net Neutrality, US Army, Leap To Startup

    Cloudflare Inc.'s Alissa Starzak discusses her former role as general counsel for the U.S. Army and the lengthy confirmation process leading up to it, as well as her present work in the private sector and views of net neutrality.

  • January 3, 2018

    NFLers' Attys Seek Changes To Concussion Deal Fee Payouts

    A law firm representing individual class members in the NFL concussion litigation urged a Pennsylvania federal judge and a fee expert to adjust findings related to an uncapped settlement between the football league and players, saying Wednesday that some cases deserve greater compensation.

  • January 3, 2018

    FDA Issues Highest-Level Recall For J&J Heart Device

    The U.S. Food and Drug Administration on Tuesday announced its strictest form of recall for a cardiac device manufactured by a Johnson & Johnson unit because a faulty valve poses the risk of a patient becoming seriously injured or dying.

  • January 3, 2018

    Russia Rips EU's Claims It Didn't Comply With Pork Rules

    Russia has rejected the European Union’s finding that the nation's narrowed ban on the bloc's pork products doesn’t comply with the World Trade Organization's rulings about the scope of the restrictions, and objects to the proposed €1.39 billion in trade sanctions, the WTO said Wednesday.

  • January 2, 2018

    Airbnb Escapes Landlord's Suit Over Rowdy Guests

    A California federal judge on Friday shut the door on corporate apartment landlord Aimco’s suit over allegedly rowdy Airbnb guests the company said are costing residential buildings money and disturbing residents, finding that Airbnb was immune to the claims.

  • January 2, 2018

    Justices Asked To Review Revival Of Flint Water Suits

    The city of Flint and a group of Michigan Department of Environmental Quality employees are asking the U.S. Supreme Court to review a Sixth Circuit decision reviving a pair of proposed class actions stemming from the city’s water contamination crisis, arguing that the suits are preempted by the Safe Drinking Water Act.

  • January 2, 2018

    FDA Warning Wire: Diet Drug Deceit, Fresenius Failings

    A drugmaker promoted diet pills without disclosing potentially deadly side effects, and Fresenius Kabi AG continued a streak of manufacturing missteps by failing to properly investigate bacterial contamination, according to newly unveiled U.S. Food and Drug Administration records.

  • January 2, 2018

    Pie Maker Sued Over 'Made With Real Butter' Claims

    A pie-making company was hit on Sunday in New York federal court with a proposed class action seeking at least $5 million in damages for the company’s purported mislabeling of ingredients and its packaging claims on frozen pies that the crusts are “made with real butter.”

  • January 2, 2018

    Firing Ex-Tobacco Atty Doesn’t Fix Engle Case Conflict: Court

    A Florida law firm made no “proactive effort” to spot potential conflicts with its Engle progeny cases when it hired a lawyer who had done work for tobacco companies and was rightly disqualified, a Florida state appeals court said in a recent decision.

  • January 2, 2018

    RJR Ordered To Continue Fla. Tobacco Payments

    A Florida judge has ruled that R.J. Reynolds must continue making annual tobacco settlement payments to the state for the Winston, Kool and Salem cigarette brands that the company sold to ITG Brands LLC for $7 billion.

  • January 2, 2018

    Apple Knowingly Slows Old IPhones Via Updates, Class Says

    Shortly after Apple Inc. began to accept orders for its newest iPhone models, the company released a software update that diminished the battery life of older iPhones and prompted some customers to spend hundreds of dollars on new phones, claims a proposed class action filed in Florida federal court last Thursday.

  • January 2, 2018

    9th Circ. Tells EPA To Get To Work On Lead Paint Standard

    The Ninth Circuit has ordered the U.S. Environmental Protection Agency to update lead-based paint and dust lead hazard standards, finding that the agency unreasonably delayed acting on environmentalists’ petition for a review.

  • January 2, 2018

    Fiat Chrysler Faces Class Action Over Alleged Engine Defect

    Fiat Chrysler Automobiles has been hit with a putative class action in California federal court, alleging its 2017 and 2018 Chrysler Pacifica vehicles equipped with a 3.6-liter V6 engine contain a design defect that causes the vehicles to stall at high speeds without warning.

  • January 2, 2018

    Auxilium Settles 1st Philly Testosterone Case

    Auxilium Pharmaceuticals Inc. avoided an upcoming trial in Philadelphia over the alleged connection between its testosterone gel and a user's stroke, settling a suit on Tuesday that had once been positioned as the lead case in a proposed mass tort over products containing testosterone.

  • January 2, 2018

    Goldberg Segalla Opens LA Office Led By Ex-Sedgwick Atty

    Goldberg Segalla kicked off 2018 by announcing it opened a Los Angeles office with strong capabilities in areas including online data security, sports, entertainment and complex product liability litigation that will be led by the former co-chair of Sedgwick LLP’s cybersecurity and privacy practice group.

  • January 2, 2018

    Bristol-Myers, Consumers Look To Centralize NJ Abilify Suits

    Bristol-Myers Squibb Co., Otsuka America Pharmaceutical Inc. and consumers of the companies' antipsychotic drug Abilify have urged a New Jersey state court to grant multi-county litigation status to at least 42 pending cases alleging that the treatment caused them to participate in compulsive activities such as gambling.

  • January 1, 2018

    Illinois Cases To Watch In 2018

    The courthouse in Chicago is among the busiest in the country, and hot-button issues from the status of sanctuary cities and generic drug safety are among the cases lawyers will be watching in 2018.

  • January 1, 2018

    Key New Jersey Cases To Watch In 2018

    High-profile New Jersey cases are poised for key developments in 2018, when the U.S. Supreme Court may decide on the state’s bid to legalize sports betting and the Third Circuit ponders appeals by former public officials facing prison for their roles in the infamous George Washington Bridge lane closures.

  • January 1, 2018

    Environmental Regulation And Legislation To Watch In 2018

    The Trump administration started off 2017 promising rescissions and rollbacks of Obama-era rules and has already nixed some and launched agency reviews of others. That deregulatory push will likely gain momentum in 2018 as key agency posts are filled and leaders focus on revisiting climate change, water, fossil fuel and automotive regulations.

  • January 1, 2018

    Life Sciences Cases To Watch In 2018

    The life sciences world is booming with questions over the future of patent challenges, whether opioid makers can survive a litany of deceptive marketing suits, and whether Allergan PLC’s bold move to sell some of its patents to a Native American tribe will pay off. Here's which cases life sciences attorneys should have their eyes on in 2018.

Expert Analysis

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Cos. Should Note Guidance From Gov'ts On Human Rights

    Hannah Edmonds

    Recent legislative and courtroom developments in the U.K., the U.S. and further afield may have a significant impact on human rights compliance requirements for companies doing business internationally, say attorneys with Covington & Burlington LLP.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Federal Claims Must Meet Diversity Jurisdiction Burden

    Jeffrey Odom

    The Third Circuit recently dismissed a plaintiff’s fear of cancer claims arising from a chemical spill, and found the diversity jurisdiction burden was not met. Defendants should look beyond the sensational facts of toxic tort claims and challenge the evidence presented at filing to determine whether jurisdiction is proper, says Jeffrey Odom of Lane Powell PC.

  • Adapting To The New TSCA Regulatory Structure

    Judah Prero

    California Gov. Jerry Brown recently signed the Cleaning Product Right to Know Act of 2017 into law. It will require online ingredient listing and on-package disclosure of ingredients by manufacturers of cleaning products. This new law is just one of the latest actions taken by a state to somehow regulate the use of chemicals, says Judah Prero of Sidley Austin LLP.

  • Connected Products For Kids: Compliance Beyond COPPA

    J. Nicci Warr

    Manufacturers of "smart" products that collect, transmit or store data related to a child should be aware that, while compliance with the Children's Online Privacy Protection Act is crucial, other federal and state laws may also apply — and are likely to be strictly enforced when children’s personal information is at issue, says J. Nicci Warr of Stinson Leonard Street LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.