We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Product Liability

  • January 1, 2019

    Consumer Protection Cases To Watch In 2019

    The new year isn’t shaping up to be a restful one for consumer protection attorneys, with the full Ninth Circuit poised to hand down a decision on nationwide class settlements, the high court diving back into standing in the privacy context and the Federal Communications Commission grappling with the scope of the Telephone Consumer Protection Act. Here, Law360 rounds up the cases worth keeping an eye on in 2019.

  • January 1, 2019

    Life Sciences Cases To Watch In 2019

    The life sciences industry will be keeping an eye on courtrooms around the country in 2019, watching to see how the U.S. Supreme Court decides a legal battle over patent protection for drugs and monitoring the fallout from federal prosecutors’ decision to spike a False Claims Act case. Here are seven cases life sciences attorneys say they'll be following in the coming year.

  • January 1, 2019

    Pennsylvania Cases To Watch In 2019

    From the trial court level all the way up to the Supreme Court, the Pennsylvania judiciary is looking at a busy year ahead with major litigation teed up over the extent of the state’s jurisdiction over foreign corporations, the statute of limitations in sex abuse cases against the Roman Catholic Church, and overtime obligations for employers.

  • January 1, 2019

    New Jersey Cases To Watch In 2019

    New Jersey businesses will enter 2019 bolstered by a slew of state high court victories in 2018, which ushered in stricter litigant witness guidelines in mass torts targeting pharmaceutical giants like Hoffmann-La Roche Ltd., along with a tougher burden-of-proof standard in consumer protection class actions against retailers.

  • January 1, 2019

    Product Liability Cases To Watch In 2019

    Product liability attorneys are closely watching two appeals at the U.S. Supreme Court — one over Merck's osteoporosis drug Fosamax and another involving asbestos and maritime law — as well as the enormous multidistrict litigation over the opioid crisis and suits alleging that Monsanto’s weedkiller Roundup causes cancer. Here, Law360 summarizes the top cases product liability attorneys will be following in 2019.

  • January 1, 2019

    Product Liability Regulation & Legislation To Watch In 2019

    How the U.S. Food and Drug Administration modernizes the process for clearing medical devices to enter the marketplace and debates over how plant-based alternatives to milk and meat should be labeled will be among the key regulatory developments product liability attorneys will be watching in the new year.

  • December 20, 2018

    Atty's Widow Asks High Court To Look At Case Against GSK

    The widow of a Reed Smith LLP partner who had been taking a GlaxoSmithKline antidepressant when he killed himself asked the U.S. Supreme Court on Wednesday to review the case against the drugmaker, which was initially held liable for the death until a Seventh Circuit appeals panel threw out the verdict.

  • December 20, 2018

    Class Attys Get $75M Payday In Ford Air Bag Settlement

    A Miami federal judge on Thursday awarded the full $74.8 million fee sought by lawyers who brokered a settlement with Ford Motor Co. over dangerous Takata Corp. air bags, also granting final approval to the $299 million package.

  • December 20, 2018

    9th Circ. Won't Revive Almond Milk Labeling Suit

    The Ninth Circuit on Thursday upheld the dismissal of a proposed class action alleging Blue Diamond Growers almond milk is mislabeled and should instead be labeled "imitation milk," saying a reasonable consumer would not be fooled by the labeling.

  • December 20, 2018

    FDA Tells Stem Cell Cos. Regulatory Eyes Fixed On Them

    The U.S. Food and Drug Administration on Thursday said it has sent a warning letter to Genetech Inc. for marketing “dangerous unapproved stem cell products,” as well as to other clinics believed to be offering stem cell treatments, to remind them that regulators are closely watching the safety of the emerging science.

  • December 20, 2018

    NJ Judge Nixes Enviro Bid In Newark Water Lead Case

    A New Jersey federal judge Thursday denied a bid by the Natural Resources Defense Council and a group of Newark teachers to force the city to expand a lead filtration program as part of their lawsuit alleging that the city’s water system contains dangerous levels of the toxic metal.

  • December 20, 2018

    Join Suits Over HIV Drugs In Calif., Patients Urge JPML

    Patients accusing Gilead Sciences Inc. of hiding that its HIV drugs are toxic to users’ kidneys and bones on Wednesday asked the Judicial Panel on Multidistrict Litigation to consolidate five related suits and send them to the Northern District of California.

  • December 20, 2018

    Orlando Utility Sued Over Coal Plant Property Damage

    Three Orlando residents who live near a power plant that is partially run on coal filed a putative class action in Florida state court against plant owner Orlando Utilities Commission and developers, alleging that emissions from the plant contaminated nearby properties and elevated local cancer rates.

  • December 20, 2018

    3rd Circ. Revives Firm's Fee Claim Against Ex-Atty

    The Third Circuit on Thursday ruled that a district judge wrongly assumed jurisdiction over a lawsuit brought by Specter Specter Evans & Manogue seeking fees the firm claimed an ex-attorney owed it for his work on a multidistrict litigation program that ended with a $24 million settlement.

  • December 20, 2018

    Purdue Says Texas Can't Slip Out From Opioid MDL

    Purdue Pharma LP has told Texas' multidistrict litigation panel that it should ignore a request from the state lodged earlier this month trying to get out of the MDL process, because Texas has already conceded its opioid abuse lawsuit implicates “common factual questions” about Purdue's marketing of the drugs.

  • December 20, 2018

    NTSB Says Local DA Blocking Probe Of Deadly NY Limo Crash

    The National Transportation Safety Board said Thursday that a New York county district attorney is blocking its investigation into an October stretch limousine crash upstate that killed 20 — reportedly the country’s deadliest transportation accident since 2009.

  • December 20, 2018

    Addiction Recovery Co. Sues Over 'Libelous' Murder Claims

    A for-profit addiction treatment company launched a libel suit in New Jersey federal court Thursday alleging two men associated with its nonprofit competitors have spread malicious lies about the business, including that it paid Google to manipulate search results and that its employees are charged with murdering patients.

  • December 20, 2018

    Occidental Says Phillips 66, Others Liable For Calif. Cleanup

    Occidental Chemical Corp. has told a California federal court that other companies, including Phillips 66 and Union Oil Co. of California, should be responsible for the cost of cleaning up contaminants at the Port of Los Angeles.

  • December 20, 2018

    Starbucks Looks To Dump White Chocolate Energy Drink Spat

    Starbucks asked a New York federal court on Wednesday to toss a putative class action alleging the company deceived customers by selling white chocolate-flavored energy drinks that do not contain white chocolate, telling the court the products were appropriately labeled as naturally and artificially flavored.

  • December 20, 2018

    Pair Overdose Antidote With Opioid Prescriptions, HHS Urges

    The U.S. Department of Health and Human Services released guidance on Wednesday that recommended increasing access to naloxone, a drug that can reverse opioid overdoses, by having doctors co-prescribe it with the drugs it counteracts.

Expert Analysis

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.