The founder of Arizona-based opioid manufacturer Insys Therapeutics Inc. has urged a New Jersey federal court to release him from a couple’s lawsuit over their daughter’s drug-related death, arguing he has nothing to do with claims arising in the Garden State.
Allergan USA Inc. urged a California federal court Monday to sanction Imprimis Pharmaceuticals Inc. for violating a discovery order in a false advertising case by refusing to hand over documents in the time period set out by the court and then unilaterally setting criteria for what it had to hand over.
A California drugmaker produced biopsy medicines using cookware and power tools, a high-end skincare company distributed bacteria-laced products, and a Japanese drugmaker didn't disclose failing test results, the U.S. Food and Drug Administration said in newly released warning letters.
Trucking giant Cummins Inc. will recall about 500,000 medium- and heavy-duty trucks whose faulty emissions control systems spew too much nitrogen oxides, the U.S. Environmental Protection Agency and the California Air Resources Board said Tuesday.
A California federal judge granted Coca-Cola a win on Monday in a putative class action claiming the beverage giant’s “no added sugar” label misleads customers about the sugar content of Odwalla’s orange juice, finding the claims don’t violate the federal Food, Drug and Cosmetic Act.
Counsel for Coca-Cola subsidiary Odwalla urged a California federal judge Monday to toss a proposed class action alleging that “no added sugar” labeling on orange juice is misleading and violates California state law, arguing the U.S. Food and Drug Administration has cleared the label, making the suit a "poster child for preemption."
Insurance broker Marsh must face state court asbestos claims that it had argued were categorically barred by a massive asbestos-claim trust from the 1980s, a New York federal judge ruled Monday.
The full Ninth Circuit may upend a panel's ruling that courts must weigh varying state consumer protection laws before certifying nationwide class action settlements when it rehears the Hyundai Kia case this fall, offering much-needed clarity on what attorneys overwhelmingly described as an unworkable standard for class actions.
A Minnesota federal judge on Monday recommended that a home buyer in a proposed class action alleging that defective joists gave off formaldehyde not be forced to arbitrate his row with Weyerhaeuser Co., as he didn't agree to arbitrate the dispute.
The U.S. Food and Drug Administration has rejected Insys Therapeutics Inc.'s new opioid painkilling spray over potential safety concerns, the company said.
Eight states and Washington, D.C., sued the Trump administration in Washington federal court Monday, seeking to block a recent settlement allowing a defense firm to publicly post 3D printing plans for guns online, saying the deal would wrongly allow “dangerous criminals” to effectively access untraceable weapons.
Five global oil giants urged a federal judge Friday to spike a lawsuit in which the county home to Seattle seeks to hold them accountable for climate change-related infrastructure damages, arguing that such claims do not belong in a courtroom, as other judges have recently concluded in similar disputes.
Family members of two people who died when a tourist boat sank in a Missouri lake and claimed 17 lives filed a $100 million lawsuit Sunday, saying the amphibious "duck boat" was dangerously designed and that the boat’s operator ignored a severe storm warning.
A motor-oil maker conceals that its products are outdated and could damage vehicles, with one executive likening the products to cancer for cars, according to a proposed class action removed to Florida federal court.
A New Jersey state appeals court on Monday upheld the dismissal of a product liability suit by a woman claiming an Outback Steakhouse served her salmonella-contaminated food, saying she had failed to provide sufficient evidence that the restaurant's food made her sick.
A Florida jury on Monday assessed R.J. Reynolds with $300,000 in punitive damages after the company was found partially responsible for a smoker’s fatal lung cancer, a fraction of the $18 million counsel for the man’s son had asked the jury to award.
The U.S. Food and Drug Administration on Monday alerted patients and physicians to unproven treatments promising “vaginal rejuvenation” and released seven letters that questioned device companies over their marketing practices.
Drivers accusing Kobe Steel Ltd. of misrepresenting the quality of certain steel, aluminum and copper products used in Toyota vehicles urged a California federal court Friday to keep their proposed class action alive, saying they don’t need to have personally experienced a defect to bring their claims.
An almost $4 million breach of contract trial over the butterfat content in ice cream kicked off in a Boston federal court Monday morning with the jury hearing differing accounts over whether ice cream maker Mister Cookie Face LLC was responsible for putting dessert maker 600 lb Gorillas Inc. out of business.
The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.
In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.
For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.
Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.
Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.
The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.
At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.
Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.
In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.
The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.
Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.