Product Liability

  • February 1, 2018

    Insurers Sue Pfizer To Avoid Covering $400M Settlement

    Three insurers hit Pfizer Inc. with a suit on Wednesday seeking to dodge coverage for a $400 million settlement the pharmaceutical giant reached over off-label drug marketing claims, telling a New York federal court several exclusions allow them to bar coverage.

  • February 1, 2018

    Counties' VW Diesel Suits Could Spur Copycats, Judge Says

    A California federal judge expressed concerns at a San Francisco hearing Thursday that if he allows two counties in Florida and Utah to proceed with their litigation over Volkswagen AG’s “clean diesel” emissions scandal, it could set off thousands of copycat suits from counties across the country.

  • February 1, 2018

    Herbicide Suits Against Monsanto Consolidated In Mo.

    The Judicial Panel on Multidistrict Litigation ruled Thursday that a series of farmers' lawsuits accusing Monsanto Co. and other chemical manufacturers of making a defective crop-damaging herbicide have enough in common to warrant consolidation in the Eastern District of Missouri.

  • February 1, 2018

    Inside The Opioid MDL's Big Closed-Door Hearing

    Attorneys for local governments and drug companies traded divergent views of the opioid crisis this week at a closed-door hearing about settlement prospects in a colossal legal fight, sources told Law360.

  • February 1, 2018

    Apple Consumer Asks To Drop Appeal Over Used IPhones

    A customer who claimed Apple Inc. hid that damaged iPhones covered by service plans are replaced with used phones told the Ninth Circuit on Thursday that she has agreed to end her suit against the tech giant.

  • February 1, 2018

    Naked Juice Says ‘No Sugar’ Labels Pass FDA Muster

    Naked Juice sought quick wins in a pair of suits claiming its “No Sugar Added” labels on coconut water and orange juice are misleading and deceptive, arguing in California court Thursday that the U.S. Food and Drug Administration has cleared the slogan's use on such products.

  • February 1, 2018

    Product Liability Group Of The Year: Quinn Emanuel

    Quinn Emanuel Urquhart & Sullivan LLP's product liability and mass torts team scored several wins in 2017 that will help courts hone their focus on scientific causation, and it took on some of the burgeoning lawsuits over the marketing of opioids, landing the firm a spot as one of Law360’s Practice Groups of the Year.

  • February 1, 2018

    NM, Navajo Nation Fight EPA Bid To Stay Mine Spill Suit

    New Mexico and the Navajo Nation on Wednesday urged a federal judge not to grant the EPA’s bid to pause their litigation over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation ponders whether to consolidate several actions stemming from the incident.

  • February 1, 2018

    Intercept Drug Gets Black-Box Warning After Dosing Deaths

    The U.S. Food and Drug Administration said Thursday it is adding a black-box warning to Intercept Pharmaceuticals Inc.’s liver disease treatment Ocaliva in an effort to prevent incorrect daily dosing instead of weekly dosing in certain patients, which has increased their risk of serious liver injury and death.

  • February 1, 2018

    Ahdoot & Wolfson Atty Asks To Lead Equifax Breach MDL

    The Ahdoot & Wolfson PC attorney who is lead counsel for consumers suing Experian over a data breach has asked a Georgia federal court to let her represent the class in the separate, centralized Equifax data breach litigation, saying she’s fought — and won — favorable results for consumers in a number of high-profile cases.

  • January 31, 2018

    Key Safety Pushes For Coverage Win At 6th Circ.

    Key Safety Systems Inc., the prospective purchaser of bankrupt Takata Corp.’s assets, on Wednesday pushed the Sixth Circuit for a win in its coverage dispute with an AIG unit, saying the insurer is clearly obligated to pay its post-judgment interest.

  • January 31, 2018

    J&J Baby Powder Contained Asbestos, Expert Tells Jury

    An asbestos laboratory founder told New Jersey jurors Wednesday that multiple studies have found asbestos in Johnson & Johnson talcum powder products, during a trial over the mesothelioma a man allegedly developed as a result of his decadeslong use of them.

  • January 31, 2018

    Trustee Objects To Takata's Ch. 11 Liability Releases

    The Office of the U.S. Trustee objected Wednesday to confirmation of Takata Holdings Inc.’s Delaware Chapter 11 plan, citing sweeping, and potentially improper liability releases for third parties, including automaker officers and directors, without third party or creditor consent.

  • January 31, 2018

    GM Drivers Say Vehicles’ AC Units Are Defective

    General Motors Co. was hit with a proposed class action in Tennessee federal court Wednesday for allegedly manufacturing vehicles with air conditioning systems that are incapable of cooling them.

  • January 31, 2018

    9th Circ. Upholds Loss Test In First Solar Investor Suit

    The Ninth Circuit said in a published opinion Wednesday that a lower court picked the right test for determining economic loss causation in a shareholder class action claiming that First Solar Inc. fraudulently inflated stock prices by concealing defects in its solar panels.

  • January 31, 2018

    GrayRobinson Opens In West Palm Beach With 3 Shareholders

    Florida legal heavyweight GrayRobinson PA has announced it is expanding into West Palm Beach, adding a trio of litigators from Richman Greer PA to open the firm's 14th location.

  • January 31, 2018

    Pharmacist Gets 8 Years For Making Meningitis-Linked Drugs

    The second pharmacist convicted of racketeering and fraud that led to a deadly meningitis outbreak will spend eight years in prison — one year less than his boss, a federal judge in Massachusetts decided Wednesday.

  • January 31, 2018

    AbbVie Seeks New Trial After $140M AndroGel Verdict

    AbbVie Inc. on Tuesday asked an Illinois federal judge for a new trial in the second bellwether case over claims the drugmaker failed to warn consumers about risks accompanying its testosterone treatment AndroGel, calling the $140 million verdict fatally inconsistent.

  • January 31, 2018

    NH Asks Justices To Deny Endo’s Challenge Of Outside Atty

    New Hampshire urged the U.S. Supreme Court on Tuesday not to hear Endo Pharmaceuticals’ appeal of a decision upholding the state’s right to use outside counsel to assist with an investigation into the drugmaker’s potential role in the opioid crisis, saying the practice does not violate due process.

  • January 31, 2018

    Revolving-Door Roundup: Sidley, Clifford Chance, Venable

    January was a busy month for moves to the private sector, with former state and federal financial regulators and prosecutors landing jobs at firms including Sidley Austin and Simpson Thacher and one enterprising ex-prosecutor co-founding his own firm.

Expert Analysis

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Autonomous And Connected Vehicles: The Year In Review

    Lawrence Hamilton

    During 2017, advances in the state of autonomous vehicle technology, and in the development of a new regulatory framework, moved at a rapid pace. While some industry experts think fully automated passenger vehicles will arrive by 2020, there are signs it will happen sooner, say attorneys with Holland & Knight LLP.

  • FDA Menu Labeling Guidance: Latest Step On A Long Road

    Arthur DeCelle.jpg

    Nutrition labeling on chain restaurant menus and vending machines, mandated by the Affordable Care Act, advanced last month with the U.S. Food and Drug Administration's publication of draft guidance on the controversial topic. The FDA continues work toward implementing the law, but each step seems to uncover novel issues, says Arthur DeCelle of McDermott Will & Emery LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • When Product Liability Claims Are Hidden From Bankruptcy

    Chad Eggspuehler

    Judicial estoppel is often used to dismiss product liability actions when a plaintiff failed to disclose potential claims during a prior bankruptcy proceeding. While state laws may rule out judicial estoppel defenses in certain multidistrict litigation courts, asserting the defense even where it is unlikely to prevail preserves the issue for appellate review, say Chad Eggspuehler and Melissa Kelly of Tucker Ellis LLP.

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Is Your Company Ready For Artificial Intelligence?

    Erin Bosman

    Evolving technologies such as artificial intelligence will change countless aspects of how companies do business. Consumer product companies ceding control to technology should weigh efficiencies against the risks posed by such novel movements, say attorneys at Morrison & Foerster LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.