Product Liability

  • August 31, 2017

    Coverage Battle Over $3.5M Pea Recall To Stay In Wash.

    A Washington federal judge ruled Thursday that a suit by National Frozen Foods Corp. against Berkley Assurance Co. over coverage for a $3.5 million pea recall can stay in his court, saying the state's high court would never countenance the forum-selection clause that the insurer has claimed should boot the case to New York.

  • August 31, 2017

    PhRMA Joins Fray In Gilead's 9th Circ. FCA Battle

    Trade group Pharmaceutical Research and Manufacturers of America on Thursday pressed the Ninth Circuit to revisit its revival of a major False Claims Act suit targeting suspect manufacturing by Gilead Sciences Inc., warning that the revival may force drugmakers to discontinue important products.

  • August 31, 2017

    VW Gets Wyo. Diesel Emissions Suit Tossed

    The California federal judge overseeing the multidistrict litigation over Volkswagen AG’s diesel emissions scandal on Thursday tossed Wyoming’s suit alleging the automaker violated the state’s anti-tampering laws and seeking billions of dollars in penalties, finding its claims were barred by the Clean Air Act.

  • August 31, 2017

    Burst-Ball Suit Gets Green Light For Chinese Court

    A Pennsylvania federal judge ruled Thursday that a suit over insurance coverage for litigation against Dick’s Sporting Goods over an injury caused by a burst exercise ball should be dismissed in the U.S., but said it was fair game to be heard in China, the country the insurer calls home.

  • August 31, 2017

    Coffee Cancer Trial Against Starbucks, Others Steams Ahead

    A nonprofit accusing Starbucks, Trader Joe's, Costco and others of not warning consumers about carcinogens in their brews rejected a California judge’s proposal Thursday to delay trial for further discovery over disputed scientific data, saying they'd waited seven years and teeing up the case to start Tuesday.

  • August 31, 2017

    Ford Can’t Escape Throttle Defect Suit, Drivers Say

    A proposed class of drivers accusing Ford Motor Company of covering up a defect with some vehicles’ electronic throttle bodies urged a California federal judge Thursday to keep the suit alive, saying the automaker isn’t free of wrongdoing simply because it repaired the alleged problem.

  • August 31, 2017

    Air Force Lifts F-35 Altitude Restrictions At Arizona Base

    Altitude restrictions on F-35 flights, which were imposed earlier this summer at Luke Air Force Base in Arizona following reports of hypoxia-like symptoms from pilots of the aircraft, were lifted on Wednesday, according to news reports.

  • August 31, 2017

    Black Elk Ordered To Pay $4.2M In Fatal Oil Platform Blast

    Black Elk Energy Offshore Operations LLC was ordered Thursday in Louisiana federal court to pay a $4.2 million penalty in connection with a 2012 oil platform explosion that killed three workers.

  • August 31, 2017

    AbbVie Wins First AndroGel Suit In State Court

    A jury in Cook County, Illinois, has found AbbVie isn’t liable for an AndroGel user’s heart attack following the first trial in a group of Illinois state court suits over the testosterone replacement therapy drug.

  • August 31, 2017

    Scali Law Firm Taps Ex-Arent Fox Auto Atty For LA Office

    The Scali Law Firm has bolstered its automotive practice with the hiring of a partner from Arent Fox LLP who is among a handful of attorneys nationwide adept at handling litigation, regulatory matters, and mergers and acquisitions for automotive clients, the firm has announced.

  • August 31, 2017

    DC Circ. Won't Put EPA Chemical Rule Delay On Hold

    The D.C. Circuit on Wednesday let stand the U.S. Environmental Protection Agency's delay of an Obama-era chemical risk management rule while it's being challenged in court, saying the environmental groups and an industrial union trying to nix the delay haven't shown that’s warranted.

  • August 31, 2017

    Home Depot Sold Eucalyptus Wood As Mahogany, Suit Says

    Home Depot USA Inc. misrepresented less-desirable species of eucalyptus wood as “premium” mahogany, causing consumers to overpay for lower-grade lumber, a customer claims in a proposed class action filed Wednesday in California federal court.

  • August 31, 2017

    Remington Rifle Deal Not Safety Issue, Ala. Tells 8th Circ.

    Eleven states led by Alabama urged the Eighth Circuit on Wednesday to reject concerns raised by other states about a settlement between Remington Arms Co. and a class of gun owners related to allegedly defective rifle trigger mechanisms, saying the case is more about economic losses than public safety. 

  • August 31, 2017

    Pfizer, Teva Among Latest Opioid Makers In Mo. Probe

    Missouri’s attorney general on Thursday said he has demanded that seven drugmakers, including Pfizer, Teva, Mylan and Allergan, hand over documents about their opioid marketing as part of an investigation into whether they pushed the opioid crisis along despite knowing the addiction risks.

  • August 31, 2017

    Pa. Mayor To Sue Pharma Cos. Over Opioid Crisis

    A mayor of a Philadelphia suburb announced Wednesday that his township had retained counsel to sue over a dozen pharmaceutical companies over the burgeoning opioid crisis, becoming the first Pennsylvania municipality to take such a move.

  • August 31, 2017

    Wells Fargo Finds 1.4M More Fake Accounts

    Wells Fargo & Co. said Thursday that it had identified 1.4 million more potentially fake accounts and paid out another $2.8 million to customers who faced hidden fees as a result, growing the scope of a scandal that has already cost over $300 million and sullied the bank’s reputation.

  • August 30, 2017

    Fla. Appeals Court Reverses $13M Smoking Death Verdict

    A Florida appeals court on Wednesday reversed a $13 million jury verdict in favor of a widow whose husband died of smoking-related lung cancer, ruling that a lower court erred by allowing several surgeon general's reports on cigarettes into evidence at trial against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co.

  • August 30, 2017

    Frankel Wyron Founder Tapped As Takata's Future Claims Rep

    A Delaware bankruptcy judge gave the green light Wednesday for Takata to appoint a founding Frankel Wyron LLP partner as its future claims representative, rejecting an alternative choice floated by product liability litigation organization Attorneys Information Exchange Group.

  • August 30, 2017

    4 Fast Facts As FDA Clears 'Historic' Novartis Therapy

    The U.S. Food and Drug Administration on Wednesday cleared Novartis AG’s first-of-its-kind gene therapy, declaring the approval “historic” and an “inflection point” for cancer treatment. Here are four fast facts about the therapy and what comes next.

  • August 30, 2017

    Amarin Calls For ITC Investigation Of Omega-3 Supplements

    Amarin Pharma Inc. asked the U.S. International Trade Commission on Wednesday to investigate more than a dozen drug producers worldwide that it accused of falsely labeling their allegedly unapproved new drugs containing synthetically produced omega-3 acids as “dietary supplements.”

Expert Analysis

  • An FDA Petition Denial Preempts A Failure-To-Warn Claim


    The Tenth Circuit recently affirmed that a branded drug manufacturer was not liable for failing to warn consumers about alleged birth defect risks when the U.S. Food and Drug Administration had previously rejected a citizen’s petition calling for the same warnings. If other circuits agree, pharmaceutical companies may face reduced burdens from state law warning requirements, say attorneys with Morrison & Foerster LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • If The Surgeon's A Robot, Who's The Learned Intermediary?

    James Beck

    In addition to driverless cars, it is time to contemplate surgeonless surgery. Autonomous surgical robots are on the horizon, and product liability litigation might follow. A key question is what happens to the learned intermediary rule when the product itself stands in the shoes of the doctor, says James Beck of Reed Smith LLP.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • The Unintended User In Product Liability Law

    Bennet Susser

    When a product is intended solely for use by adults, should a manufacturer anticipate that warnings to keep the product away from children will not be heeded by responsible parents? Counsel to manufacturers should be mindful that even the clearest warnings and the best safety features may still be insufficient to avoid a trial, says Bennet Susser of Jardim Meisner Susser PC.

  • Opinion

    Fossil Fuel Industry’s 'Tobacco Moment' Has Arrived

    Douglas Kysar

    Climate change lawsuits have been filed before, but the recent lawsuits filed against several of the largest oil, gas and coal producers by two California counties and one city are different than earlier efforts for three important reasons, says Douglas Kysar, a professor of law at Yale University.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Avoiding The Rotten Compromise In Mass Litigation

    Ted Mayer

    Product liability litigation is often resolved through compromise. But not all compromises are equal. If a settlement achieves peace at unknown cost, does not resolve the most serious claims, or permits new claims to be filed for decades into the future, it is a rotten compromise and should be avoided, say Ted Mayer and Robb Patryk of Hughes Hubbard & Reed LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • The 9th Circ.'s Expansive Reading Of Escobar In Gilead

    Sean Hartigan

    Although each of the Ninth Circuit's determinations in U.S. v. Gilead may be appropriate given the specific facts, together they seem to establish a low bar to meet Escobar’s implied certification test, say attorneys with Smith Pachter McWhorter PLC.