Product Liability

  • February 9, 2017

    Mead Johnson Hit With Whistleblower Suit Over Baby Formula

    A former executive in charge of compliance at Mead Johnson Nutrition Co. sued the company in Illinois federal court Wednesday, claiming company leadership fired her after she repeatedly raised concerns about contamination in its ready-to-use infant formula.

  • February 9, 2017

    Big Pharma Challenges FDA's New Off-Label Rule

    Big Pharma is calling on the U.S. Food and Drug Administration to overhaul a newly finalized regulation giving the agency wide latitude to police off-label promotion, saying it contains abrupt and unconstitutional policy changes, according to a petition released Thursday.

  • February 9, 2017

    Ala. Judge Pauses Fiat Emissions Suit Pending MDL Ruling

    An Alabama federal judge on Thursday agreed to pause a proposed class action against Fiat Chrysler for allegedly manipulating the emissions and fuel efficiency tests of more than 100,000 vehicles, allowing both sides to wait for a ruling on whether multiple related cases should become a multidistrict litigation.

  • February 8, 2017

    Fresenius Drug Killed Dialysis Patient, Jury Told

    Fresenius Medical Care failed to train doctors or warn the public about the risks of its dialysis drug Naturalyte, leading to the death of a North Carolina diabetic, his relatives told a Massachusetts federal jury Wednesday in opening statements at the first bellwether trial for litigants who declined to take part in a $250 million case settlement.

  • February 8, 2017

    Stakes High For J&J At Start Of Latest Baby Powder Trial

    After last year's trio of multimillion-dollar verdicts against Johnson & Johnson over claims that its talc-based baby powder causes ovarian cancer, attorneys will be watching the latest trial, set to kick off Thursday morning, to see if the fourth time will be a charm for the company.

  • February 8, 2017

    SoCalGas To Pay $8.5M To Settle Aliso Canyon Leak Suit

    Southern California Gas Co. has reached an $8.5 million settlement with the South Coast Air Quality Management District over claims stemming from a massive natural gas leak at its Aliso Canyon storage facility that displaced thousands of area residents.

  • February 8, 2017

    Kimberly-Clark, Gown Buyers Want Experts, Evidence Blocked

    Kimberly-Clark Corp. and surgery centers bringing a class action alleging the company passed off porous surgery gowns as essentially impermeable on Tuesday submitted several motions in California federal court to block experts and evidence for their late March trial.

  • February 8, 2017

    Ex-Massey Brass Urge Chancery To Ax Mining Disaster Suit

    Former Massey Energy Co. directors urged a Delaware Chancery judge Wednesday to toss a shareholder lawsuit related to the Upper Big Branch mine disaster, arguing the claims were extinguished by majority stockholder approval of the company's $7 billion merger with Alpha Natural Resources, an argument suing shareholders derided as “silly.”

  • February 8, 2017

    Takata To Plead Guilty To Wire Fraud In Air Bag Scandal

    Takata Corp. will plead guilty to one count of wire fraud in Michigan federal court Feb. 27 as part of its plea deal with prosecutors over the company's potentially deadly air bag inflators, according to a Tuesday court filing.

  • February 8, 2017

    Jury Finds Smoker's COPD Time-Barred, Giving RJR A Win

    A Florida jury found Wednesday that a woman who died after smoking Winstons for decades should have known she had chronic obstructive pulmonary disorder before the 1990 cutoff for membership in the Engle class, even though she was not diagnosed until 1993.

  • February 8, 2017

    Ex-NFLers, Judge Push Independence In Concussion Claims

    The Pennsylvania federal judge overseeing the landmark settlement ending litigation over the NFL's responsibility for former players' brain injuries agreed with an attorney for the plaintiffs Wednesday over the importance of ensuring the independence of the medical evaluation process, in the first meeting between the parties since the uncapped agreement took force.

  • February 8, 2017

    Omalu Says NHL Docs Using 'Alternative Facts' To Refute CTE

    Famed neuropathologist Dr. Bennet Omalu said the NHL is mimicking the NFL and boxing before it in denying a link to the degenerative brain condition known as CTE, using doctors of “meager repute” to propose “alternative facts” that can’t pass scientific muster.

  • February 8, 2017

    VW Customers Fight Arbitration Bid In Engine Defect Suit

    Volkswagen owners suing the company and Audi for allegedly hiding knowledge of an engine defect for six years on Tuesday defended their potential class action’s place in New Jersey federal court, arguing arbitration agreements were only between dealerships and customers, not manufacturers.

  • February 8, 2017

    Pa. School District Hid Lead, Copper Levels, Suit Claims

    A Pennsylvania school district hid the presence of hazardous copper and lead levels in the water of an elementary school for months and allowed the students to attend class and drink the water, a new class action lawsuit filed Tuesday in federal court alleged.

  • February 8, 2017

    Philly Building Collapse Trial Ends In $227M Settlement

    The civil trial over a 2013 fatal building collapse in Philadelphia — the longest in the city’s history — came to an abrupt end Wednesday with all parties agreeing to a $227 million settlement.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 7, 2017

    Pa. Judge Explains Bench Toss Of Paxil Birth Defect Suit

    A Pennsylvania state judge on Tuesday issued a written opinion elaborating on his bench ruling from last year dismissing a cardiac birth defect suit against GlaxoSmithKline PLC relating to the antidepressant Paxil, asserting his ruling "was an unfortunate, but absolute, necessity" due to an omitted witness question.

  • February 7, 2017

    Decadeslong Smoker Couldn't Know Cigs' Danger, Jury Hears

    A woman who died from chronic obstructive pulmonary disorder after smoking Winstons for decades should not be held responsible for decades of smoking in which she had no way of knowing the danger she was putting herself in, a lawyer told a Florida jury Tuesday in closing arguments in an Engle-progeny trial.

  • February 7, 2017

    AIG Policies Don't Cover Unfair Competition Deal, Judge Says

    A Texas magistrate judge on Tuesday found that an AIG unit's policies don't cover agricultural product company Stoller Enterprises Inc.'s settlement of an unfair competition lawsuit, but said Stoller should be allowed to pursue its claims that the insurer's claims handling practices violated the state insurance code.

  • February 7, 2017

    RJ Reynolds Cast Doubt On Dangers Of Smoking, Jury Told

    A World War II hero who died of lung disease never knew how bad smoking was for him because R.J. Reynolds and other tobacco companies sowed doubt around many scientific findings about the dangers of cigarettes, his family's lawyer told a Florida jury Tuesday.

Expert Analysis

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Implied Preemption And Monograph Drugs: Part 2

    James Beck

    Tort claims demanding that over-the-counter drugs carry warnings or other information that is different from federal labeling requirements are preempted by statute. But the savings clause exempts product liability claims from preemption. James Beck of Reed Smith LLP considers preemption of OTC drugs under the U.S. Food and Drug Administration’s monograph system.

  • Implied Preemption And Monograph Drugs: Part 1

    James Beck

    Tort claims demanding that over-the-counter drugs carry warnings or other information that is different from federal labeling requirements are preempted by statute. But the savings clause exempts product liability claims from preemption. James Beck of Reed Smith LLP considers preemption of OTC drugs under the U.S. Food and Drug Administration’s monograph system.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Lithium Batteries In Flight: Risks And Regulations

    Jonathan Todd

    Air transportation of lithium ion batteries recently garnered significant attention due to reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire and even exploding. Jonathan Todd and David Krueger of Benesch Friedlander Coplan & Aronoff LLP examine the current regulatory regime relating to air transport of lithium batteries, the forces shaping its future, and relevant emerging trends in hazardous materials compliance.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.