Product Liability

  • July 12, 2017

    UK VW Drivers Report Car Problems After Emissions Fix

    The U.K. law firm representing Volkswagen, Audi and Skoda car owners in emissions litigation said Wednesday that of those who had their cars fixed, more than half report problems with performance and fuel efficiency.

  • July 12, 2017

    New GM Out Of Reach For Car Defect Punitive Damages

    A New York bankruptcy judge found Wednesday that General Motors Co. is shielded from punitive damages from product liability claims based on its prebankruptcy actions.

  • July 12, 2017

    General Mills Beats Nature Valley False Labeling Suit

    A Minnesota federal judge on Wednesday tossed a proposed class action alleging General Mills misrepresented its Nature Valley products as containing 100 percent “natural whole grain oats,” saying the inclusion of trace amounts of a chemical doesn’t make the statement untrue.

  • July 12, 2017

    Off-Label Drug Bills Get Little Traction On Capitol Hill

    Republican legislation to ease limits on off-label drug promotion faced significant pushback Wednesday on Capitol Hill, as Democrats, experts and independent groups questioned the wisdom of relaxed rules.

  • July 12, 2017

    FDA Rejects Ocular Therapeutix Eye Drug

    The U.S. Food and Drug Administration on Tuesday rejected Ocular Therapeutix Inc.'s eye disease drug Dextenza, citing problems with manufacturing and quality control testing uncovered during a May inspection of the company's plant.

  • July 12, 2017

    2nd Circ. Denies BP, Shell's Attempt To Squash MTBE Suit

    A Second Circuit panel on Tuesday rejected requests from Shell Oil Co. and BP Products North America to revisit its decision to revive the Orange County Water District’s claims that oil companies had endangered its water supply by leaking the gasoline additive methyl tertiary-butyl ether.

  • July 12, 2017

    Judge Recommends Partial Cert. In Train Derailment Suit

    A Tennessee magistrate judge on Tuesday recommended partial certification of a group of residents alleging railroad operator CSX and a railway equipment company caused a train car carrying hazardous substances including acrylonitrile to derail, purportedly putting the community at risk of exposure to a potential carcinogen.

  • July 12, 2017

    3 Takeaways From The FDA Head's New Opioid Rx Standards

    After only two months in office, U.S. Food and Drug Administration Commissioner Scott Gottlieb has unveiled a series of steps to curb the opioid crisis, including focusing on abuse-deterrent opioid options and expanding existing risk evaluation and mitigation strategies. Here, Law360 looks at three takeaways from the new standards.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Benjamin Moore, Paint Cos. Settle Over Emission-Free Ads

    Benjamin Moore & Co. Inc. and three other paint companies reached proposed settlements with the Federal Trade Commission over allegations that they deceptively advertised some of their paint products as free of potentially harmful chemicals, the agency announced Tuesday.

  • July 11, 2017

    GM Targets Revised Ignition Switch In New Bellwether Round

    General Motors began a new round of federal trials Tuesday over 2000s-era ignition switches that could cut cars’ power without warning, telling a Manhattan jury that a modified switch was a different animal from its more infamous predecessor and had no role in an Arizona man’s crash.

  • July 11, 2017

    Crucial Expert's Opinion In Doubt For J&J Talc Cancer Trial

    A California judge ruled Tuesday that Johnson & Johnson can’t keep a gynecologist from testifying in an upcoming trial that its talcum powder products caused a woman’s ovarian cancer, but said the expert must confirm her opinion is unchanged after the judge excluded some of the expert’s evidence.

  • July 11, 2017

    Judge Says FTC Claims Already Settled In VW Emissions Suit

    A California federal judge on Tuesday denied the Federal Trade Commission’s pending motion seeking additional testimony into claims that Volkswagen AG’s U.S. unit intentionally destroyed documents after its diesel emissions cheating scandal made headlines, a procedural move in light of the FTC’s settlements with the German automaker. 

  • July 11, 2017

    Takata To Recall 2.7M More Air Bag Inflators

    Takata Corp. plans to recall 2.7 million more air bag inflators built between 2005 and 2012 and installed in Ford, Nissan and Mazda vehicles sold in the U.S., because tests have shown predictors of future explosions, the National Highway Traffic Safety Administration said Monday.

  • July 11, 2017

    Akin Gump Nabs Ex-FDA Deputy Chief

    Akin Gump Strauss Hauer & Feld LLP has brought aboard a high-ranking U.S. Food and Drug Administration official who oversaw much of the recent revolution in supply chain safety, the firm announced Tuesday.

  • July 11, 2017

    $35M Ends US Claims Of Mallinckrodt Link To Opioid Abuse

    U.S. Attorney General Jeff Sessions said Tuesday that a $35 million settlement of government allegations that Mallinckrodt PLC was a conduit for generic oxycodone pills to be peddled on the street marked a major step forward in fighting a deadly opioid epidemic.

  • July 11, 2017

    FDA Warning Wire: Corroded Equipment At Indian Drug Plant

    The U.S. Food and Drug Administration scolded an Indian drug manufacturer over the poor condition of its equipment, took issue with supplements lauded as treatments for “obesity genes” and chastised an online e-cigarette store for selling to a minor.

  • July 11, 2017

    Coca-Cola, Buyers To Mediate 'No Added Sugar' Juice Suit

    A California federal judge Monday ordered Coca-Cola-owned fruit juice brand Odwalla Inc. and a proposed class of consumers to mediate a dispute over the company’s "no added sugar" label on its fruit drinks.

  • July 11, 2017

    Walgreens Refutes Customers' Redo Bid In Blood Test Suit

    Walgreens Boots Alliance Inc. said Monday an Arizona federal court should not revive parts of a largely dismissed suit filed by a proposed class of consumers alleging Theranos Inc. misrepresented the accuracy of blood tests administered at Walgreens stores.

  • July 11, 2017

    Bayer, J&J Misrepresented Xarelto Risks, Suits Say

    Bayer HealthCare Pharmaceuticals Inc. and Johnson & Johnson unit Janssen Pharmaceuticals Inc. have downplayed the risks associated with their blood thinner Xarelto, two couples allege in separate suits filed in New York state court Monday.

Expert Analysis

  • Automated Transportation’s Legal And Ethical Risks

    Video Thumbnail

    What should driverless cars do when traffic laws and traffic safety are at odds? Would an autonomous vehicle exceed the speed limit or drive around an obstacle if it meant breaking the rules of the road? In this video, Eversheds Sutherland LLP partners Jason McCarter and Fabian Volz discuss legal and ethical risks of automated driving.

  • Potential Impact Of BNSF: 2 Areas To Watch

    Michael Paisner

    The impact of the U.S. Supreme Court's recent decision in BNSF Railway Co. v. Tyrrell will depend on how the lower courts apply it, and in particular whether they heed the court’s crystal-clear direction to strictly enforce the jurisdictional limits it has established, despite efforts to circumvent them, says Michael Paisner, chief counsel of litigation at Boeing Commercial Airplanes.

  • Presenting The Science Is Key In Talc Trials

    David Schwartz

    Establishing a causal link between an exposure and an adverse health outcome is a scientifically difficult thing to do. But it can be even harder to show that a causal relationship does not exist. This was illustrated in the most recent talcum powder trial in St. Louis, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.

  • Unwritten Settlement Terms May Still Be Enforceable

    Angela Whittaker-Pion

    Once parties in a civil case agree on a monetary amount in exchange for a release of claims, a settlement is considered effective. But in between agreeing on the amount and finalizing all the terms of the settlement, parties must take care not to end up with terms that are not to their liking, say Angela Whittaker-Pion and Lynn Schlie of Miles & Stockbridge PC.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • If It Happens Here: Facing Post-Terror Attack Litigation

    Brian Finch

    Terrorist attacks aimed at civilians are despicable and cowardly. But while these events leave us at a loss, the court system braces for a wave of litigation — not against the attacker, but against venue owners, operators and security providers. Stakeholders must know the law and be prepared before the worst occurs, says Brian Finch of Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Lessons From Risk Minimization FCA Cases Post-Escobar

    Manvin Mayell

    Relators pursuing False Claims Act suits based on safety risk minimization or benefit overstatement have faced difficulties getting past dismissal motions, particularly after the U.S. Supreme Court’s 2016 Escobar decision on materiality, says Manvin Mayell of Arnold & Porter Kaye Scholer LLP.

  • Rebuttal

    After The BNSF Decision, There’s No Place Like 'At Home'

    Richard Dean

    In its recent BNSF Railway decision, the U.S. Supreme Court confirmed that a company cannot be sued in a state where it is not “at home.” Contrary to the claims of the plaintiffs bar, this finding does not deprive plaintiffs of the chance for a remedy: it restores balance between the parties, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • Vapor Smoke And Mirrors: The Future Of E-Cigarettes

    Tim Agajanian

    In May 2016, the U.S. Food and Drug Administration finalized a "deeming rule" extending its authority to all tobacco products, including electronic cigarettes. However, with the Trump administration and new FDA Commissioner Scott Gottlieb at the helm, the rule may evaporate as quickly as e-cigarette vapor, say Tim Agajanian and Thomas McNamara of Ropers Majeski Kohn & Bentley PC.