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Product Liability

  • September 25, 2018

    'IV Cocktail' Ads Stir FTC To Prioritize Health Enforcement

    The Federal Trade Commission last week required a company to stop marketing its intravenous therapy "cocktails" as a treatment for serious diseases without scientific proof, a first-of-its-kind action that signals the agency has made false claims concerning health and safety an enforcement priority.

  • September 25, 2018

    2nd Circ. Flips Utica's $6.9M Asbestos Reinsurance Award

    The Second Circuit on Tuesday reversed an order requiring reinsurer Clearwater Insurance Co. to shell out $6.9 million to help Utica Mutual Insurance Co. defray the cost of asbestos-related claims against a pump manufacturer, directing a lower court to assess whether Clearwater is obligated to pay for such claims and, if so, how much.

  • September 25, 2018

    FDA Head Says Agency Mulling Ban On E-Cig Online Sales

    The head of the U.S. Food and Drug Administration said Tuesday that the agency is contemplating banning online sales of e-cigarettes as a step to curb the rise in vaping among minors.

  • September 25, 2018

    GM Buyers Must Certify Class To Advance $1B Defect Deal

    Purchasers of General Motors vehicles manufactured before the carmaker's 2009 bankruptcy, now seeking damages stemming from ignition-switch defects, must certify a class to pursue a proposed settlement that could cost the reorganized New GM $1 billion in new stock, a New York bankruptcy judge ruled Tuesday.

  • September 25, 2018

    FTC Wins False Ad Suit Against Diet Pill Maker Roca Labs

    A Florida federal judge has granted the Federal Trade Commission summary judgment on all counts in its lawsuit accusing diet pill maker Roca Labs and its owners of deceiving consumers through false claims, undisclosed paid success stories and threats of lawsuits to discourage negative reviews.

  • September 25, 2018

    Landowners Denied Class Cert. Over Corroded AT&T Cable

    A Texas federal judge on Tuesday denied class certification to residents who sued AT&T Inc. alleging that the company is responsible for digging up abandoned telephone cables buried about 70 years ago, saying that the individual easements the company has struck with landowners over the decades favor individualized claims. 

  • September 25, 2018

    Tech Co. Denies Ties To Robot In Deadly Auto Plant Accident

    A robotics company among several manufacturers being sued in Michigan federal court for the death of a technician whose head was crushed by an allegedly out-of-control robotic machine at an automotive parts plant sought Tuesday to be eliminated from the case, arguing it made no part of the automated machine in question.

  • September 25, 2018

    6th Circ. May Push High Court Review Of Groundwater Cases

    The question of whether the Clean Water Act’s reach extends to some groundwater pollution was already a contender for U.S. Supreme Court review, and the Sixth Circuit has improved the odds the high court will weigh in by landing firmly on the opposite side of the Fourth and Ninth circuits on the matter.

  • September 25, 2018

    Mercedes Must Face Claims Of Fatal Seat Restraint Failure

    A Colorado federal judge has denied an attempt by Mercedes Benz USA and Daimler AG to dismiss a negligence suit filed by the heirs of a woman killed when her Smart car’s seating restraints allegedly failed, though the court tossed breach of warranty and consumer protection law violation claims.

  • September 25, 2018

    Adidas Escapes Suit Alleging Defective Running Shoes

    A New York federal judge on Friday dismissed for lack of prosecution a claim that Adidas’ Springblade running shoes are defective, more than two years after he rejected an attempt to certify a class in the case.

  • September 24, 2018

    Roundup MDL Seeks More NorCal Bellwether Cases For Trial

    The California federal judge overseeing multidistrict litigation over consumers’ claims Monsanto’s Roundup weedkiller caused their cancer sought Monday to find more potential bellwether cases to bulk up options for trials slated for February and May.

  • September 24, 2018

    Prosecutors Can Tell 3rd NECC Jury About Meningitis Pain

    Low-level pharmacists at the shuttered New England Compounding Center whose bosses have been convicted of causing a drug contamination that gave patients meningitis cannot preclude prosecutors from telling jurors next month about the horrendous pain caused by their supervisors, a Massachusetts federal judge ruled Monday.

  • September 24, 2018

    In A Circuit Split, 6th Circ. Limits CWA's Reach

    The Sixth Circuit said Monday the Clean Water Act can't be used to regulate pollutants that travel from a source through groundwater before entering navigable waters, in a split from Fourth and Ninth circuit rulings on the law's reach.

  • September 24, 2018

    GM Says Recall Issues Are Too Varied For Class Cert.

    General Motors has asked a New York federal judge not to grant class certification to vehicle owners in bellwether cases in California, Missouri and Texas who claim they lost out on the resale value of their cars due to vehicle recalls, arguing the issues are too varied among the individual cases to qualify for class status.

  • September 24, 2018

    Jury Deadlock Ends Latest Philly Mesh Case

    The latest trial over alleged injuries from a Johnson & Johnson unit’s pelvic mesh products ended Monday as a Philadelphia jury deadlocked over whether negligence they agreed had been involved in the design of the implant had contributed to a woman’s chronic pain and left her largely unable to have sex.

  • September 24, 2018

    Amarin Sees Off-Label Claims Boosted By Study Results

    Amarin Corp. PLC on Monday reported eye-popping cardiovascular benefits from its omega-3 drug Vascepa, lending credence to off-label uses the company was allowed to promote under a historic court ruling against the U.S. Food and Drug Administration.

  • September 24, 2018

    Janssen Gets $1M Risperdal Breast-Growth Verdict Flipped

    A New York federal judge has overturned a $1 million verdict for a man who took Risperdal as a child and developed female breast tissue, agreeing with defendant Janssen that it could not have warned of the condition on the label and that the trial was biased by a lawyer’s mention of his own childhood bullying.

  • September 24, 2018

    Dow, Shell Accused Of Polluting Drinking Water With TCP

    The Golden State Water Co. has accused the Dow Chemical Co., Shell Oil Co. and others of product liability violations for contaminating drinking water with unsafe amounts of TCP, a toxic chemical found in agricultural and other products, according to a complaint filed Friday in California federal court.

  • September 24, 2018

    Jury Deadlocks In J&J Trial Over Talc-Asbestos Claim

    A California jury’s members on Monday said that after a week’s deliberation they still can't decide if Johnson & Johnson’s talcum powder products caused a woman's mesothelioma, prompting a mistrial in the latest case over the alleged link between J&J's talc products and asbestos.

  • September 24, 2018

    Allergan's Discovery Buck-Passing Rejected In Opioid MDL

    Allergan PLC can’t avoid coughing up documents about its sales of narcotic painkillers even though Teva Pharmaceutical Industries Ltd. recently acquired the painkillers’ rights and legal liabilities, according to a new ruling in multidistrict litigation over the opioid epidemic.

Expert Analysis

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • An Upgrade For Expert Evidence Standards In New Jersey

    James Beck

    In the Accutane litigation, the New Jersey Supreme Court just unanimously upgraded the state’s standards for admission of expert testimony. This decision may finally break the back of the long-running — and scientifically bogus — Accutane litigation that has plagued New Jersey courts, says James Beck of Reed Smith LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • 3D Gun Legality After Defense Distributed Settlement, Ruling

    Kelsey Wilbanks

    A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.