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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.