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Product Liability

  • October 3, 2018

    Senate Sends Sweeping Opioid Legislation To Trump's Desk

    The U.S. Senate on Wednesday sent a massive bipartisan bill tackling the opioid crisis to President Donald Trump after passing the wide-ranging legislation 98-1.

  • October 3, 2018

    Tobacco Cos. Can't Duck Damages In Engle Suit, Judge Says

    A Florida federal judge found Wednesday that a 1999 law shielding exposure to punitive damages should not allow Philip Morris and R.J. Reynolds to duck damages in an Engle tobacco wrongful death suit, holding that three state appellate courts have rejected their argument.

  • October 3, 2018

    VW Must Face Claims Of Drivers Who Sold Cars Pre-Scandal

    A California federal judge Wednesday largely rejected bids by Volkswagen AG and electronics engineering firm Robert Bosch LLC to dismiss putative class claims from former owners who sold their affected diesel vehicles before news of an emissions-cheating scandal broke, saying the drivers alleged a sufficiently concrete injury.

  • October 3, 2018

    Emissions Crackdown Stretches To Small Auto Parts Makers

    The U.S. Department of Justice and the Environmental Protection Agency’s criminal prosecutions of small businesses that make aftermarket auto components that increase vehicles’ pollution are a show of force that experts say clearly indicates it’s not just giants like Volkswagen that need to be careful about their products’ effects on air quality.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Things To Watch In The New FAA Reauthorization

    Congress’ swift passage of a five-year reauthorization of the Federal Aviation Administration advances meaningful infrastructure investment, embraces aviation safety reforms and expands the government’s playbook for integrating drones, industry observers say. Here are a few notable provisions in the FAA Reauthorization Act of 2018.

  • October 3, 2018

    Talc From EBay Wrongly Kept Out Of P&G Trial, NJ Court Told

    A New Jersey trial court improperly barred evidence about vintage talcum powder purchased on eBay in a suit alleging a woman developed mesothelioma from using asbestos-contaminated talcum powder sold by a Procter & Gamble Co. predecessor, her husband’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the company’s favor.

  • October 3, 2018

    Calif. Man Says Monsanto Can't Get Redo After $298M Win

    A school groundskeeper who claims Monsanto-made herbicides contributed to his cancer asked a California federal judge to leave intact the $298 million verdict a jury returned for him in August, saying both the causation and damages findings were on solid ground.

  • October 3, 2018

    NJ Justices Say Garden State Law Topples Accutane Cases

    The New Jersey Supreme Court handed a victory to F. Hoffmann-LaRoche Inc. in multidistrict litigation alleging its acne drug Accutane labels didn’t adequately warn users of possible gastrointestinal side effects, ruling Wednesday that the labels were adequate under New Jersey law and that only Garden State law applies.

  • October 3, 2018

    Amazon Liable As Seller Of Faulty Dog Collar, 3rd Circ. Told

    An Amazon Inc. user who was blinded in one eye by an allegedly defective dog collar she purchased through the internet retail giant urged the Third Circuit to revive her product liability case, telling a three-judge panel on Wednesday that while the company didn't manufacture the product, it was still liable because it directly controlled the sale.

  • October 3, 2018

    J&J Suit Over Talc-Cancer Link Sent Back To Pa. State Court

    A New Jersey federal judge on Wednesday remanded one of the lawsuits alleging Johnson & Johnson's talcum powder causes cancer to Pennsylvania state court, ruling that Rite Aid, considered a Pennsylvania resident, was not fraudulently included in the complaint to defeat diversity jurisdiction.

  • October 3, 2018

    3rd Circ. Revives Medical Costs Row Over Navy's Toxic Spills

    A Third Circuit panel has reversed in part a ruling that barred residents from demanding the government cover the costs of monitoring their health after they discovered local Navy facilities contaminated their drinking water, finding the requests are not considered challenges to cleanup efforts.

  • October 2, 2018

    Claims Trimmed In Bard Vein Filter Bellwether Home Stretch

    An Arizona federal judge nixed certain damages claims Tuesday in an ongoing Bard bellwether trial over its clot-stopping vein filters, while the device maker told a jury that a certain amount of malfunctioning is to be expected from them.

  • October 2, 2018

    Concrete Co. Settles Crash Claims After $12M Verdict

    Silvi Concrete has joined Bridgestone in settling a woman’s claims that the companies are responsible for the dismemberment she and her infant daughter suffered in a car crash, days after a Pennsylvania jury hit Silvi with a $11.7 million compensatory damages verdict in the case, the woman’s attorneys announced Tuesday.

  • October 2, 2018

    Pfizer, Hospira Urge Final Nix Of Suit Over Faulty Pumps

    Hospira and parent company Pfizer Inc. asked an Illinois federal judge Tuesday to permanently toss a whistleblower suit accusing the subsidiary of billing the government for faulty infusion pumps and issuing secret replacements, saying the suit merely alleges regulatory violations not actionable under the False Claims Act.

  • October 2, 2018

    Toyota Distributor Wants Out Of Defective HVAC Suit

    Southeast Toyota Distributors has asked a Florida federal judge to drop it from a proposed class action holding various entities of Toyota liable for selling Camrys with defective ventilation systems, as the regional distributor says it neither sold nor serviced the vehicles in question.

  • October 2, 2018

    GE Says It's Entitled To Atty Fees In Well Blowout Row

    Attorneys for a GE unit told a Texas state judge during a bench trial in Houston on Tuesday that it was entitled to collect close to $1 million in attorneys' fees it racked up defending itself in a product liability case stemming from a well blowout.

  • October 2, 2018

    FDA Focus: What Mintz's Practice Chair Is Watching

    Bethany Hills, chair of the U.S. Food and Drug Administration practice at Mintz Levin Cohn Ferris Glovsky and Popeo PC, tells Law360 that she’s seeing an uptick in “cosmeceutical” class actions and a new trend of drawn-out FDA inspections.

  • October 2, 2018

    Georgia-Pacific Affiliate Says Ch. 11 Should Keep Going

    Georgia-Pacific affiliate Bestwall LLC has defended its Chapter 11 filing, telling a North Carolina bankruptcy judge that a committee of asbestos claimants is pushing “unsubstantiated allegations” by asserting that its parent company is using the case to evade asbestos claims.

  • October 2, 2018

    9th Circ. Doesn't Want A Taste Of Yogurt Labeling Suit

    A split Ninth Circuit panel has rejected an appeal of the denial of class certification in a false advertising suit against a probiotic-drink maker, saying that under a 2017 U.S. Supreme Court ruling, the circuit lost jurisdiction when the plaintiff dropped his individual claims.

Expert Analysis

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.