Product Liability

  • February 10, 2020

    Bayer Wants $87M Roundup Cancer Trial Award Overturned

    Monsanto asked a California state appeals court to reverse a nearly $87 million award for a couple who claimed glyphosate in Roundup weedkiller gave them cancer, saying the outcome squares with neither law nor science and was tainted by "egregious attorney misconduct."

  • February 10, 2020

    Hemp Co. Says FDA Statements Don't Make CBD Wares Illegal

    A Colorado CBD manufacturer urged a federal judge to toss a proposed class action against the company, saying that "regulatory uncertainty" surrounding the popular hemp-derived compound did not make its sale illegal.

  • February 10, 2020

    8th Circ. Won't Revive Man's Suit Against Wood Chipper Co.

    The Eighth Circuit on Monday upheld the rejection of a Missouri man's suit against a wood chipper manufacturer because he was injured by a winch attachment that was added by a third party, not the company.

  • February 10, 2020

    Medical Tech Atty Joins Morgan Lewis As Partner In DC Office

    Morgan Lewis & Bockius LLP announced on Monday that it's added to its Washington, D.C., office a partner who specializes in defending and advising medical device makers.

  • February 10, 2020

    Mining Co. Inks $25M Deal To End Investors' Dam Failure Suit

    Brazil's Vale SA has reached a $25 million settlement to end investors' proposed class action accusing the world's largest iron ore producer of lying about the safety of a dam that collapsed in 2015 and killed 19 people.

  • February 10, 2020

    Product Liability Group Of The Year: Jones Day

    Representing Merck & Co. in a unanimous win in the U.S. Supreme Court over its medication Fosamax and reversing a $23.6 billion verdict against R.J. Reynolds Tobacco Co. are among the big wins that earned Jones Day a spot as one of Law360's 2019 Product Liability Groups of the Year.

  • February 10, 2020

    Store Wants Bad Atty, Exploding Vape Suit In State Court

    A battery shop and its owner have told a Utah federal court that it should send back to state court their lawsuit against a Nationwide Mutual Insurance Co. affiliate that allegedly hired a bad attorney to defend the shop against claims related to an exploding vape battery.

  • February 07, 2020

    Cuties Juice Maker Squeezes Out Of 'No Sugar Added' Suit

    The company behind Cuties brand bottled tangerine juice got out of a sticky legal situation on Thursday when a California state appeals court ruled the beverage maker hadn't broken the law by advertising its product as having "no added sugar."

  • February 07, 2020

    Opioid MDL 'Negotiation Class' Gets Bombarded At 6th Circ.

    Drug distributors and cities fired away Friday at a “negotiation class” intended to help resolve the multidistrict opioid litigation, telling the Sixth Circuit that the unprecedented approach flouts class action procedures and is tainted by attorney conflicts of interest.

  • February 07, 2020

    CBD Maker Says FDCA Nixes Consumers' Illegal Products Suit

    A CBD seller has urged a California federal court to toss a proposed class action accusing it of hawking products that aren't compliant with U.S. Food and Drug Administration guidelines, arguing that the consumers are trying to co-opt the federal government's enforcement power.

  • February 07, 2020

    Insurer Says No Duty To NuWave For Countertop Oven Suits

    An Ohio insurance company has told an Illinois state court that it owes no duty to defend NuWave against consumer allegations its countertop oven models are defective, saying NuWave knew of the product's problems but still advertised the product as durable.

  • February 07, 2020

    Product Liability Group Of The Year: Dechert

    Dechert LLP's work representing Purdue Pharma LP in opioid litigation around the country, including in the multidistrict litigation in Ohio federal court and numerous suits brought by state attorneys general, landed it as a Law360 2019 Product Liability Group of the Year.

  • February 07, 2020

    Boeing Tries To Skirt Irish Co.'s Claims In $185M 787 Max Suit

    Boeing urged an Illinois federal court to toss the majority of an Irish aircraft leasing company’s $185 million suit over undelivered 737 Max 8 planes it ordered, arguing that the case is in essence a breach of contract suit.

  • February 07, 2020

    No Moo Point: Vegan Dairy Cites 1st Amend. In Label Fight

    A vegan dairy company is suing the California Department of Food and Agriculture, saying the state is violating its First Amendment rights by ordering it to stop calling its products "butter" or claiming they are "cruelty and animal free," despite the claims being truthful and not confusing.

  • February 06, 2020

    VW Says Emissions Trial Jurors Should Know It Repented

    Volkswagen battled with car buyers Thursday over what evidence jurors will hear in an upcoming bellwether trial over damages stemming from its "clean diesel" emissions scandal, with the German automaker fighting to allow evidence that it admitted wrongdoing, paid billions, and changed its business practices.

  • February 06, 2020

    Insurer Fights Tire Maker's Escape From Fatal Rollover Suit

    American Zurich Insurance Co. objected to a South Dakota federal judge’s recommendation to dismiss a Vietnam-based affiliate of a Korean tire company from a suit filed by the insurer and the estate of a deceased construction worker who say the tire maker caused a deadly crash.

  • February 06, 2020

    City Of Austin Challenges $2B Kinder Morgan Pipeline

    The City of Austin, Texas, and others are challenging Kinder Morgan's $2 billion natural gas pipeline project in Texas federal court, arguing that the project will run through an area home to protected species without first going through the proper environmental reviews.

  • February 06, 2020

    CSX Train Derailment Case Won't Get Back On Track

    A Pennsylvania federal judge on Thursday refused to revive a suit by residents of Hyndman who alleged psychological trauma after they were temporarily forced out of their homes following a 2017 derailment of a CSX Transportation Inc. train, saying they can’t recover on damage that didn’t manifest physically.

  • February 06, 2020

    Bayer Can't Seal Internal Essure Docs, Judge Says

    A California judge on Wednesday shot down Bayer's bid to keep documents under wraps in litigation brought by women who were allegedly harmed by Essure birth control devices, saying the company hadn't shown they contained confidential information.

  • February 06, 2020

    DOT Greenlights Nuro's Driverless Car Test Fleet

    The U.S. Department of Transportation on Thursday allowed California robotics company Nuro to deploy a self-driving vehicle that doesn't have certain features typically required for human drivers, granting the first such exemption to federal safety standards.

  • February 06, 2020

    CORRECTION: Alsup Laments Apple’s Reading Of FCC Cellphone Rule

    U.S. District Judge William Alsup said Thursday he's inclined to let a jury decide whether Apple fraudulently marketed iPhones as safe and exposed consumers to excessive radiofrequency radiation, slamming Apple’s reading of an FCC testing standard and saying he doesn’t think the agency would issue such “a terrible rule.”

  • February 06, 2020

    Insurer Fights Anonymity In Bad Atty, Exploding Vape Suit

    A Nationwide Mutual Insurance Co. affiliate has asked a Utah federal court to throw out a suit accusing it of hiring a dud attorney to represent two policyholders in a dispute over an exploding vape battery, telling the court that the pair can't establish jurisdiction if they insist on remaining anonymous.

  • February 06, 2020

    FDA Begins Crackdown On Illegally Marketed E-Cigarettes

    The U.S. Food and Drug Administration on Thursday said it would start prioritizing enforcement against makers of illegally marketed flavored e-cigarettes, especially those whose products are popular with and easily accessible to minors.

  • February 06, 2020

    Class Says Monster CEO Must Pay In HDMI Cable Settlement

    Consumers who settled a class action claiming Monster Inc. misleadingly packaged HDMI cables have asked an Illinois state court to pierce the insolvent company’s corporate veil and “prevent manifest injustice” by making its CEO personally responsible for the payout.

  • February 06, 2020

    J&J Hit With $186M In Punitive Damages For Asbestos In Talc

    Johnson & Johnson was pummeled Thursday with $186 million in combined punitive damages at a New Jersey state trial over claims the pharmaceutical giant knowingly sold baby powder containing asbestos and hid that contamination from the public with reckless indifference to the consequences.

Expert Analysis

  • Top 5 Drug And Medical Device Developments Of 2019

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    Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.

  • Rethinking Corporate Crisis And Litigation Communications

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    While conventional wisdom among attorneys may be that no response is the safest response during a corporate crisis, recent examples demonstrate the consequences of failing to share timely and relevant information with key audiences, says Aidan Ryan of Goldberg Segalla.

  • Class Cert. In 11th Circ. Supplement Case Comes With Limits

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    The Eleventh Circuit recently certified a class of dietary supplement purchasers in Debernardis v. IQ Formulations, but the decision reflects skepticism that consumers alleging economic harm will be able to prove that they were damaged by buying a product that did not cause physical harm, say Kamryn Deegan and Thomas Curvin of Eversheds Sutherland.

  • Opinion

    2 Overlooked Advantages Of Hourly Fees

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    Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.

  • Food And Beverage Policy Trends To Watch This Year

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    A regulatory slowdown at the U.S. Food and Drug Administration makes it difficult to predict what 2020 holds for the food and beverage industry — but companies can expect developments related to CBD and plant-based meat products, and state action on food delivery and animal welfare, say Robert Hibbert and Ryan Fournier of Morgan Lewis.

  • 5 Things To Watch In Litigation Finance This Year

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    As 2020 arrives, we may see new products and initiatives in litigation finance that we can’t imagine yet, but one thing is clear — this industry is well past its earliest stage and is entering a very active growth spurt, says Ralph Sutton of Validity Finance.

  • Hottest Legal Industry Guest Topics Of 2019

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    This year guest contributors discussed tips for lawyers combating burnout and dealing with narcissists, how millennials are changing law firm culture, BigLaw’s move toward plaintiff-side litigation and other legal industry trends.

  • The Role Of Litigation Finance In The Next Recession

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    If it is true that litigation did not increase during the Great Recession because corporations feared losing lawsuits and money, then litigation finance could provide the final puzzle piece necessary to spur litigation demand in the next recession, says Therium CEO Eric Blinderman.

  • Series

    Judging A Book: Hinojosa Reviews 'Crimes And Punishments'

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    In his new book "Crimes and Punishments: Entering the Mind of a Sentencing Judge," U.S. District Judge Frederic Block explains sentencing decisions in a way that is interesting for a general audience, and also allows other adjudicators to reflect on how their practices may differ, says U.S. District Judge Ricardo Hinojosa of the Southern District of Texas.

  • Opinion

    'Locality Lawsuits' Threaten The Civil Justice System

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    Local governments throughout the United States are working with plaintiffs law firms to sue businesses for alleged harms that impact their entire state, but such suits infringe on the sovereign authority of state attorneys general, say Victor Schwartz of Shook Hardy and Markus Green of Pfizer.

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