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Product Liability

  • July 31, 2018

    Insys Founder Tries To Exit Suit Over Drug-Related Death

    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.

  • July 31, 2018

    Allergan Says Imprimis' Bad Faith Discovery Merits Sanctions

    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.

  • July 31, 2018

    ​​​​​​​FDA Warning Wire: Um, Don't Make Medicines In Kitchen Pots

    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.

  • July 31, 2018

    Cummins To Recall 500K Trucks Over Faulty Emissions

    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.

  • July 31, 2018

    Odwalla Scores A Win In 'No Added Sugar' Suit

    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.

  • July 30, 2018

    Odwalla Calls Juice Label Suit A Preemption 'Poster Child'

    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."

  • July 30, 2018

    Marsh Must Face Asbestos Claims Once Barred By Trust

    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.

  • July 30, 2018

    ​​​​9th Circ. Hyundai Kia Rethink May Give Class Deals Clarity

    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.

  • July 30, 2018

    Weyerhaeuser Can't Arbitrate Joist Defect Suit, Court Told

    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.

  • July 30, 2018

    FDA Rejects Insys Painkiller Spray Over Safety Concerns

    The U.S. Food and Drug Administration has rejected Insys Therapeutics Inc.'s new opioid painkilling spray over potential safety concerns, the company said.

  • July 30, 2018

    States Sue To Block Federal 3D Gun Printing Settlement

    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.

  • July 30, 2018

    Big Oil Says Wash. County Climate Suit Has No Place In Court

    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.

  • July 30, 2018

    Drowning Victims' Kin File $100M Suit Over Duck Boat Sinking

    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. 

  • July 30, 2018

    Motor-Oil Maker Sells 'Cancer' For Cars, Drivers Say

    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.

  • July 30, 2018

    Outback Dodges Suit Over NJ Customer's Salmonella Claims

    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.

  • July 30, 2018

    Jury Punishes RJ Reynolds For $300K Over Smoker's Death

    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.

  • July 30, 2018

    FDA Sounds Alarm Over 'Vaginal Rejuvenation' Treatments

    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.

  • July 30, 2018

    Toyota, Kobe Steel Can't Duck Metal Quality Suit: Drivers

    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.

  • July 30, 2018

    600 Lb Gorillas Duels Mister Cookie Face As Trial Starts

    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.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    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.

Expert Analysis

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    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.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    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.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    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.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    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.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    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.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    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.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    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.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    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.

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    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.

  • What To Know About Proposed Chemical Safety Reg Changes

    Shannon Broome

    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.