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

  • November 14, 2018

    Ranbaxy Consumers Denied Cert. In Drug Contamination Suit

    A New Jersey federal judge Wednesday denied class certification in a suit claiming Ranbaxy Pharmaceuticals Inc. distributed pills that might have contained glass, saying there was not enough data to identify who got pills from the potentially affected batches.

  • November 13, 2018

    NHL Ends Concussion MDL With $19M Tentative Settlement

    The National Hockey League has agreed to pay nearly $19 million to end multidistrict litigation brought by more than 300 retired players alleging they endured long-term problems from head trauma suffered on the ice, a deal some experts said fell short of expectations after the league put up a stiff defense.

  • November 13, 2018

    Toyota Drivers Seek To Keep Distributor In Faulty HVAC Suit

    Drivers in a proposed class action have asserted in Florida federal court that Southeast Toyota Distributors LLC knew its cars had defective ventilation systems but said nothing, an act of omission that should keep it on the hook despite its attempts to get out of the case.

  • November 13, 2018

    Gottlieb Says FDA Acted Slowly On Opioids

    The head of the U.S. Food and Drug Administration on Tuesday said that the agency in the past had been too slow to act on the opioid crisis and it now plans to look into developing guidelines for prescribing the drugs.

  • November 13, 2018

    Imprimis Gets $100K Knocked Off Allergan Sanctions Bill

    A California federal judge on Tuesday ordered Imprimis Pharmaceuticals Inc. to pay $50,000 in attorneys' fees to Allergan USA Inc. as sanctions for violating discovery orders in a false advertising case, which is $100,000 less than what Allergan had requested.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    Pa. Water Co. Wants Seller To Cover Subsidiary's Legal Costs

    Pittsburgh-based Evoqua Water Technologies Corp. wants French company Bio UV Group SAS to pick up the legal bills for a company Evoqua bought from it in 2016, claiming in state court Tuesday that a hot-tub maker's claims against the purchased company should be covered by the indemnification language in the stock purchase agreement.

  • November 13, 2018

    Homeowners Seek Remand Of Suit Against Brad Pitt's Org

    Homeowners suing a foundation launched by Brad Pitt, which built homes in the aftermath of Hurricane Katrina, over allegedly defective construction urged a federal court Monday to remand the suit to state court because a vast majority of the proposed class members are Louisiana residents.

  • November 13, 2018

    Juul Pulls Flavored E-Cigs As New FDA Regulations Loom

    Juul Labs announced Tuesday that it was pulling its flavored products from stores and taking other steps to address youth use of e-cigarettes, days after reports that the Food and Drug Administration is gearing up for a crackdown against e-cigarette companies.

  • November 13, 2018

    Jury Awards $260M After Man's Death In Crash

    A Texas jury has awarded $260 million over an accident in which a man was killed when his van ran into the side of a tractor-trailer positioned across all four lanes of a highway, according to the victim's parents' lawyers.

  • November 13, 2018

    11th Circ. Won't Rethink GE Unit's Arbitration Bid In $45M Suit

    The Eleventh Circuit has declined to reconsider its decision that an Alabama steel plant owner doesn’t have to arbitrate its $45 million dispute with a French unit of General Electric Co. over allegedly faulty motors because there’s no written arbitration agreement between the parties.

  • November 13, 2018

    FDA Warns Stem Cell Co. On Marketing, Manufacturing

    The U.S. Food and Drug Administration on Tuesday announced it had sent a warning to StemGenex Biologic Laboratories LLC for marketing a purported stem cell product without federal approval and for deviating from good manufacturing practices in ways that could lead to the product’s contamination.

  • November 13, 2018

    Hess Agrees To Pay $8.72M For Spill That Killed Pelicans

    Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.

  • November 13, 2018

    Justices Won’t Hear Cert. Dispute In Vitamin E Labeling Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Pharmavite LLC over the certification of a class in a suit alleging its vitamin E supplements were misleadingly labeled.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit

    A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Judge OKs Release Of Market Share Data In Opioid MDL

    The Ohio federal judge overseeing massive multidistrict litigation over the nation's opioid crisis granted a request by lead attorneys for local governments to distribute market share data, from a federal database, of opioid sales to counties and other entities.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

Expert Analysis

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • And Now A Word From The Panel: An MDL Breakup

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation issued a decision separating and remanding an individual plaintiff's claims from an ongoing data breach MDL. Practitioners should note this example of the panel's power to break up an MDL and sever claims that, in its view, do not belong in such a proceeding, says Alan Rothman of Arnold Porter.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.