Product Liability

  • November 3, 2017

    Auxilium Bellwether Latest Test For Testosterone Therapy Ads

    Auxilium Pharmaceuticals LLC is the second drugmaker to face a jury in the testosterone replacement therapy multidistrict litigation in Illinois federal court, with the first bellwether against the company over its alleged misrepresentations of what Testim is safe to treat set to go forward Monday.

  • November 3, 2017

    BMW Recalls 1M Vehicles Over Fire Risk

    BMW is issuing two recalls beginning Dec. 18 that will affect about 1 million vehicles at risk of catching fire even when not in use, according to National Highway Traffic Safety Administration documents.

  • November 3, 2017

    ACH Food Seeks Out Of Suit Over Half-Full Baking Mix Boxes

    ACH Food Companies Inc. asked a California federal court Thursday to dismiss a proposed consumer class action alleging the manufacturer purposefully packages baking mix in opaque boxes that are only half full, arguing that "slack fill" ensures packages are properly sealed and that state law permits the practice.

  • November 2, 2017

    No Trace Of Mesothelioma In J&J Talc Miners, Jury Told

    A longtime Johnson & Johnson toxicologist testified Thursday in the California jury trial over a woman's claims that asbestos in J&J's products caused her mesothelioma, saying that studies of the Italians who mined the company's talc for years have shown no signs of mesothelioma.

  • November 2, 2017

    Murky Connected-Car Regime Won’t Halt Auto Tech Push

    A proposal requiring all new cars be able to “talk” to each other to avoid crashes may be shelved for now, but experts say automakers will continue to develop “V2V” technology with the expectation that the Trump administration will eventually advance a more flexible set of standards.

  • November 2, 2017

    Drug Cos. Urge 3rd Circ. To Rethink Eye Drop Suit Ruling

    Pfizer, Merck & Co. and other drug companies told the Third Circuit on Wednesday that its decision last month to revive a putative class action accusing them of boosting eye drop sales by using bottles that dispense larger-than-needed doses requires a rehearing because it went against its own precedent and created a circuit split.

  • November 2, 2017

    Chevron Wins Round In Argentina Over $9.5B Pollution Award

    An Argentine court has rejected an attempt by Ecuadorean citizens to enforce an Ecuadorean court’s $9.5 billion oil pollution judgment against Chevron Corp. in Argentina, saying the corporation’s Argentine subsidiary can’t be held liable for a judgment against the parent company.

  • November 2, 2017

    9th Circ. Revives Enviros' Water Pollution Suit Against PG&E

    The Ninth Circuit on Thursday revived part of a lawsuit filed by environmentalists against Pacific Gas & Electric Co. alleging the company’s storage facilities contaminate California waterways, finding that Resource Conservation and Recovery Act citizen suit claims were not precluded by the Clean Water Act.

  • November 2, 2017

    Philly Xarelto Warning Claims Not Preempted, Judge Rules

    A Pennsylvania judge recently ruled that failure-to-warn claims in consolidated litigation over alleged injuries from Janssen Pharmaceuticals Inc. and Bayer AG’s blood thinner Xarelto were not preempted by federal law.

  • November 2, 2017

    Georgia-Pacific Affiliate To Resolve Asbestos Claims In Ch. 11

    Beset by asbestos exposure litigation for the past 40 years, Georgia-Pacific affiliate Bestwall LLC filed for Chapter 11 bankruptcy on Thursday with plans to set up a trust in order to deal with current and future claims, the company said.

  • November 2, 2017

    J&J Wins OK For $7M Aveeno Natural Labeling Settlement

    A New York federal judge on Wednesday signed off on a $6.75 million settlement between Johnson & Johnson and a class of Aveeno personal care products customers who say they were misled about how natural the products were, and then cleared $2.25 million to be set aside for attorneys' fees.

  • November 2, 2017

    AmerisourceBergen Eyes $575M FCA Deal After Criminal Plea

    AmerisourceBergen Corp. said Thursday it has set aside $575 million amid a False Claims Act investigation related to impure drugs and avoidance of U.S. Food and Drug Administration oversight, following the drug distributor’s recent criminal plea involving the same allegations.

  • November 2, 2017

    Exxon, Others Can't Ditch NJ Gas Station Cleanup Suit

    Exxon Mobil Corp. and other companies will have to face claims by the New Jersey Department of Environmental Protection that the corporations are on the hook to pay for cleanup at five gas stations that allegedly contaminated groundwater, a New Jersey federal judge ruled Wednesday, rejecting the more narrow standard Exxon had proposed for the case.

  • November 2, 2017

    Chipotle Hid 2014 E. Coli Outbreak, Shareholders Say

    Shareholders suing Chipotle Mexican Grill Inc. following a string of foodborne illnesses urged a New York federal court Wednesday to keep their proposed class action alive, arguing new evidence shows the Centers for Disease Control and Prevention informed the chain of an outbreak in 2014 around the same time of a switch in food supplier, proving the company hid information from investors.

  • November 1, 2017

    Janssen Must Fork Over More Employee Info In Opioid Suit

    An Illinois federal judge on Wednesday partially granted the city of Chicago's bid to force pharmaceutical company Janssen to produce information related to marketing employees in the city's suit over the alleged misleading marketing of opioids, saying the company never explained exactly why producing the documents would be a burden.

  • November 1, 2017

    J&J Talc Plaintiff Wants 2nd Shot At Reviving $72M Award

    A Missouri appeals court was asked Tuesday to reconsider its decision to toss a $72 million jury verdict finding Johnson & Johnson’s talcum powder caused a woman’s fatal ovarian cancer based on a post-trial U.S. Supreme Court ruling, with the estate saying it should get a chance to make a case under the new law.

  • November 1, 2017

    Apple Can't Dodge Suit Claiming IOS 9 Destroyed IPhones

    Apple Inc. failed to dismiss a putative class action claiming iPhone 4 users were duped into downloading a software update that made their devices buggy and unusable when a New York federal judge on Wednesday found that consumers adequately alleged the iOS 9 operating system was misrepresented.

  • November 1, 2017

    Chuck Norris, Wife Say MRI Drug Threatened Her Life

    Chuck Norris, known for fighting fictional crime on television, said in a California state court lawsuit on Wednesday that he and his wife have been in a fight for her life after drugs injected into her system during an MRI gave her a painful condition that cost them $2 million to treat.

  • November 1, 2017

    FDA Warns 4 Cos. On Pot Compound Cancer Claims

    The U.S. Food and Drug Administration on Wednesday warned four companies, including the provider of marijuana strain Charlotte’s Web, for illegally selling products online that were promoted as treatments or cures for cancer that allegedly contain cannabidiol, a non-psychoactive compound derived from marijuana.

  • November 1, 2017

    Fed. Circ. Upholds Ruling That FluMist Didn't Kill Child

    The Federal Circuit on Wednesday upheld a U.S. Court of Federal Claims special master’s decision that a flu vaccination made by AstraZeneca didn’t cause a girl with a mitochondrial disorder to die, finding that his ruling was “based on the record evidence and is not wholly implausible.”

Expert Analysis

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Nowhere To Run For Treadmill Co. On Class Certification

    Allison Semaya.jpg

    After a federal judge in Illinois granted class certification to purchasers of treadmills featuring allegedly defective heart rate monitors earlier this year, the manufacturer asked the judge to reconsider. Recently, the judge declined to do so. This case is a reminder of the Rule 23 factors courts consider in deciding whether to certify a class, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Self-Driving Trucks Get Closer To Hitting The Road

    Lawrence Hamilton

    The U.S. House of Representatives recently passed bipartisan legislation in support of autonomous vehicles, but specifically excluded commercial motor vehicles. Labor unions and other stakeholders fear that deployment of autonomous trucks could lead to widespread job losses. However, safety considerations may ultimately bring self-driving commercial vehicles into service, say attorneys with Holland & Knight LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Between Counsel And Class Members, Silence Is Golden

    Thomas Dickerson

    Prohibiting all unapproved communications from both plaintiffs and defense counsel to members of a class of plaintiffs ensures that the court can safeguard the interests of the class members. A recent decision in a California federal court reveals the wisdom of this principle, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • And Now A Word From The Panel: Billing For An MDL

    Alan Rothman

    At its next hearing, the Judicial Panel on Multidistrict Litigation will consider an MDL motion arising from class actions against a telecommunications provider regarding pricing practices. Some plaintiffs oppose centralization because of legal differences among the various actions. But MDL centralization only requires the presence of one or more common questions of fact, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Mandatory Arbitration: Better Strategies For Retailers

    Ari Weisbrot

    For retailers facing frivolous lawsuits, there are clear benefits to requiring customers to resolve disputes in arbitration. But first, customers must voluntarily and knowingly waive the right to trial. A recent decision from the Western District of New York demonstrates how this can be effectively implemented, says Ari Weisbrot of Bryan Cave LLP.

  • Regulatory Changes May Boost Cosmetics Liability Claims

    Steven Napolitano

    Federal regulators have traditionally given cosmetics less scrutiny than other products. But legislation has been proposed this year in both the House and Senate that could significantly alter the regulation of cosmetics, and if passed, it would almost certainly lead to increased product liability claims, says Steven Napolitano of Skarzynski Black LLC.

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.