Product Liability

  • March 14, 2017

    Medical Device Maker Seeks To Kill Weight Loss System Suit

    Medical device maker Syneron Candela on Tuesday asked an Illinois federal court to kill a proposed class action by a Chicago plastic surgeon alleging the company had misrepresented the results from a weight loss device, saying the contract of sale clearly states any dispute should be governed by Massachusetts law.

  • March 14, 2017

    GSK Owes $12M To Widow of Reed Smith Atty, Jury Hears

    The widow of a Reed Smith LLP partner who took his own life in 2010 says pharmaceutical giant GlaxoSmithKline owes her $12 million for the role that a generic Paxil prescription played in the attorney's death, a role that the company strenuously denied at the opening of a federal jury trial Tuesday.

  • March 14, 2017

    Class Certification Denied In $1.5B Chevron Rig Blast Suit

    A California federal judge refused Monday to certify a proposed class seeking $1.5 billion in damages from Chevron Corp. for a deadly 2012 natural gas rig explosion off Nigeria, citing issues with the reliability of evidence, the credibility of the named plaintiff and the abilities of his counsel.

  • March 14, 2017

    Apple Consumer Row Over Faulty IPhone Screens Gets Cut

    A California judge on Tuesday dismissed with leave to amend some putative class action claims against Apple Inc. alleging that the tech giant intentionally failed to fix a design defect in the touchscreens of the iPhone 6 and iPhone 6 Plus, finding that the consumers' fraud allegations were too vague.

  • March 14, 2017

    CPSC To Probe Fatal Hoverboard Fire

    A spokesman for the U.S. Consumer Product Safety Commission told Law360 on Tuesday that the agency has formally opened an investigation into a recent house fire started by an exploding hoverboard that killed a 3-year-old girl in Pennsylvania.

  • March 14, 2017

    Multivitamin Has Dangerous Folate Levels, Suit Says

    An Illinois resident filed a putative class action Monday in federal court accusing a vitamin supplement maker of putting out a mislabeled product with dangerous amounts of folate.

  • March 14, 2017

    Tire Cos. Say Feds' Witness Will Lie In PCBs Retrial

    Titan Tire Corp. and parent company Dico Inc. asked an Iowa federal judge Monday not to let the government use an environmental consultant in an upcoming trial over their alleged sales of buildings contaminated with polychlorinated biphenyl, saying it’s clear he is willing to lie on the stand.

  • March 14, 2017

    FDA Warning Wire: Scofflaw Shuttered After 5-Year Saga

    The U.S. Food and Drug Administration this week shut down a Colorado supplement operation that flouted inspectors for five years, warned an Indian drugmaker over its use of river water and rebuked a Chinese drugmaker for shipping banned products. Here’s a glance at the agency's latest enforcement actions.

  • March 14, 2017

    Carbon Monoxide Is Excluded Pollutant, Ore. Judge Says

    Ruling on a matter of first impression in Oregon, a federal judge has found that carbon monoxide falls within the pollution exclusion in a liability insurance policy, foreclosing a swimming pool builder's bid for coverage of lawsuits alleging that its failure to properly install a pool heater caused several people to be sickened by the gas.

  • March 14, 2017

    Experts Ordered To Produce Medical Records In Benicar MDL

    A New Jersey federal judge on Monday ordered the disclosure of redacted medical records used by experts on behalf of litigants in multidistrict litigation alleging that the blood pressure drug Benicar caused gastrointestinal injuries, rejecting plaintiffs' claims that the experts do not control the records and that producing them would be burdensome.

  • March 14, 2017

    Faulty Louisville Slugger Suit A Swing And Miss, Wilson Says

    Wilson Sporting Goods Co. asked an Illinois federal court on Tuesday to trim several claims from a proposed class action accusing it of failing to honor warranties for defective Louisville Slugger baseball bats, saying the alleged defect is a patented feature.

  • March 14, 2017

    Buyers Know Kraft Parmesan From Fresh Cheese, Co. Says

    A reasonable customer looking at the words "100% Parmesan" on the front of Kraft's Parmesan cheese cans would know the product contains other ingredients, attorneys for the food giant told an Illinois federal judge overseeing multidistrict litigation on the label Tuesday.

  • March 14, 2017

    Pruitt Blocks Start Of EPA Rule On Chemical Risk Plans

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday delayed by 90 days the effective date of an Obama-era rule intended to help prevent chemical accidents, saying the EPA needs time to review an industry petition calling for the rule’s revocation.

  • March 14, 2017

    NM, Navajo Tribe Blast EPA Bid To Duck Gold King Spill Suits

    The state of New Mexico and the Navajo Nation on Monday blasted the U.S. Environmental Protection Agency’s bid to toss their liability suits over the agency’s role in the 2015 Gold King Mine spill, rejecting the contention that the agency has sovereign immunity to claims under the Comprehensive Environmental Response, Compensation and Liability Act.

  • March 14, 2017

    VW Bondholders Say Emissions Suit Has Legs

    A putative class of disgruntled Volkswagen AG bondholders told a California federal judge that he shouldn’t dismiss their suit alleging the company misled them into buying bonds based on false statements about the company’s emissions cheating.

  • March 14, 2017

    Class Certified In 'Natural' Baby Wash Case Against J&J

    A Connecticut federal judge on Monday certified a class of buyers of Johnson & Johnson baby wash in one of two deceptive marketing suits over the company's labeling of certain sunscreen and baby wash products as “natural,” while also rejecting both sides’ attempts to end the dispute before trial.

  • March 14, 2017

    Safeway Settles Underfilled Tuna Suit In California

    A California federal judge on Monday signed off on Safeway Inc.'s settlement with a putative class over the supermarket chain’s alleged negligent misrepresentation about underfilled cans of tuna, without disclosing the settlement terms.

  • March 14, 2017

    ‘K-Cup’ Labeling Suit Class Hits Back On Decertification Bid

    A consumer in a class action against a food processing company and its subsidiary hit back Monday against attempts by the companies to decertify the class, telling an Illinois federal court their arguments in the suit, which alleges they sold coffee pods containing instant coffee but misrepresented them as fresh-ground, had already been rejected in court.

  • March 14, 2017

    Judge Warns That Sausage Suit Stuffed With 'Boilerplate'

    An Iowa federal judge has threatened counsel on both sides of a rancid pepperoni sausage dispute with sanctions, saying in an opinion that didn't bother to conceal his annoyance that he’s had it with the rampant use of “boilerplate objections” that tie up the court system.

  • March 14, 2017

    Verizon Settles $45M Suit Over Hostages' Failed 911 Calls

    A Mississippi federal judge on Monday dismissed a couple's $45 million suit against Verizon over an allegedly faulty 911 system after the two sides struck a settlement, according to court documents.

Expert Analysis

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why The Supreme Court Must Revisit Personal Jurisdiction

    Grant Esposito

    In recent decisions, the U.S. Supreme Court has distinguished between general personal jurisdiction and specific personal jurisdiction. The standards are clear, but the results they produce apparently remain troubling to some state courts. The high court’s rulings in BNSF Railway Company v. Tyrrell and Bristol-Myers Squibb Company v. Superior Court of California may provide more guidance, say attorneys from Morrison & Foerster LLP.

  • FDA's Streamlined Requirements For Combination Products

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    The U.S. Food and Drug Administration recently issued final guidance on how makers of combination medical products — which may contain both drug and device components — can comply with current good manufacturing practice requirements. Central to understanding the FDA’s approach to combination products is that each component retains its regulatory status after being combined, say attorneys from Sidley Austin LLP.

  • A Look At New EPA Composite Wood Formaldehyde Limits

    Winston Stomberg

    Last month, the U.S. Environmental Protection Agency published the final Formaldehyde Standards For Composite Wood Products Rule. The Trump administration has postponed the effective date of the rule, creating the potential that it will be amended or further delayed. But many in the industry are looking forward to a consistent national standard, say attorneys from Latham & Watkins LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • FDA Memo Does Not Simplify 1st Amendment Considerations

    Diane E. Lifton

    The U.S. Food and Drug Administration's new memorandum addressing the First Amendment and its re-examination of FDA rules and policies does little more than set out information that was already publicly available, says Diane Lifton of Hughes Hubbard & Reed LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • Federal Automated Vehicles Policy: A Work In Progress

    Hanley Chew

    Laws and regulations governing driverless vehicles vary between states. Last fall, the U.S. Department of Transportation and the National Highway Transportation Safety Authority issued the Federal Automated Vehicles Policy — the first comprehensive attempt by the federal government to regulate this developing technology. But the policy is drawing mixed reviews from some interest groups, says Hanley Chew of Fenwick & West LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

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    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • The Road To Recall: Evaluating Substantial Product Hazards

    Julie Scheipeter

    Manufacturers, importers, distributors and retailers of all consumer products are required to report potential product defects to the U.S. Consumer Product Safety Commission. Doing so will not necessarily lead the CPSC to require a recall; the agency will first seek to determine if a "substantial product hazard" exists. Following this process can save a company from greater problems later, says Julie Scheipeter of Stinson Leonard Street LLP.