Product Liability

  • January 29, 2020

    PG&E Wins OK For Tubbs Fire Deal As Utility Eyes Ch. 11 Exit

    A U.S. bankruptcy judge on Wednesday approved Pacific Gas and Electric Co.'s settlement with victims of the fatal 2017 Northern California Tubbs wildfire, buoying the utility's assertion that its reorganization plan is on track to meet a June confirmation deadline required to access the state's $21 billion wildfire fund.

  • January 29, 2020

    Legal Org. Urges 4th Circ. To Ditch E-Cig Application Deadline

    The Washington Legal Foundation has urged the Fourth Circuit to vacate a district court order that the U.S. Food and Drug Administration impose a May 2020 deadline for e-cigarette makers to submit applications for new tobacco products, saying the lower court overstepped its authority.

  • January 29, 2020

    FDA's Asbestos-In-Talc Finding Doesn't Upend J&J Trial Win

    A California judge on Wednesday rejected a woman's request for a new trial in a case alleging Johnson & Johnson's baby powder gave her mesothelioma, saying a recent U.S. Food and Drug Administration finding of asbestos in the company's talc doesn't outweigh the evidence presented at the October trial.

  • January 29, 2020

    Toyota Sued Over Alleged Fuel Tank Defect In RAV4s

    Toyota's 2019 and 2020 RAV4 Hybrid vehicles come with a defect that prevents the fuel tank from being filled to capacity, an issue the carmaker knows about but has chosen not to warn consumers of, a California man claimed in a proposed class action filed Wednesday.

  • January 29, 2020

    J&J, Retailers Hit With Prop 65 Suit Over Talc

    Johnson & Johnson Co., Bausch Health Co., Target, Walgreen Co. and a slew of other companies have been hit with a suit alleging they're violating a controversial California law by not including labels on talcum products warning consumers those products can cause cancer.

  • January 29, 2020

    Ex-Flight Attendants Say Air In Boeing's Cabins Is Toxic

    The Boeing Co. has known for decades that the air in most of its planes can get contaminated and severely injure passengers but has failed to substantively research or address the issue, three former flight attendants claimed in Illinois state court Tuesday.

  • January 29, 2020

    Pharma CEO Asks Judge To Toss Opioid Trafficking Charge

    A New York federal judge on Wednesday grilled attorneys for a former pharmaceutical executive facing drug trafficking charges over his alleged role in the opioid crisis, questioning why the novelty of the narcotics case against him means the charge can’t stand.

  • January 29, 2020

    Nutrition Claims Trimmed In Walmart False Ad Suit

    An Alabama magistrate judge on Wednesday trimmed a suit alleging Walmart Inc. falsely advertised a line of nutritional shakes as benefiting expectant mothers and their children, finding that the complaint did not support claims that phrases touting the shakes' nutritional value were false.

  • January 29, 2020

    BP-Backed Refinery Pays $2.6M To Settle Pollution Allegations

    An Ohio refinery co-owned by a BP PLC unit and Canada's Husky Energy Inc. has agreed to pay $2.6 million to settle alleged violations of air pollution laws, including violations of a previous settlement inked by the refinery.

  • January 29, 2020

    States Enter Fight Against Chemical Safety Rule Rollbacks

    More than a dozen states led by New York on Wednesday launched a D.C. Circuit challenge to the U.S. Environmental Protection Agency’s rollback of Obama-era chemical safety regulations, following environmental groups and unions that are fighting the deregulatory move.

  • January 29, 2020

    Full 3rd. Circ. Won't Retread Avandia Marketing Decision

    The full Third Circuit declined Tuesday to reconsider a panel's ruling that GlaxoSmithKline must face a lawsuit brought by union health and welfare funds over marketing of its diabetes drug Avandia because federal law doesn't preempt state law consumer claims.

  • January 29, 2020

    Terminal Operator Nabs $3M Jury Award Over LA Oil Spill

    A federal jury has awarded over $3 million to Los Angeles oil terminal owner Vopak Americas after finding that a contractor hired to test Vopak’s lines, CMAC Construction, was liable for an oil spill that happened when valves were left open overnight and allegedly necessitated a multi-month, $6 million cleanup.

  • January 29, 2020

    Mass. Buyers Can't Intervene In $5.4M Ocean Spray Deal

    A pair of Massachusetts men suing Ocean Spray Cranberries Inc. over claims that the company lied about artificial flavors in its drinks can't intervene in a $5.4 million settlement in a California case with the same allegations, a California federal judge ruled Wednesday, saying they haven't shown they have a protected interest in the deal.

  • January 29, 2020

    Insys Founder Says 'Drug Dealer' Accusation Biased Jury

    In a bid to have his appeal heard before starting a 5½-year prison sentence, Insys Therapeutics Inc. founder John Kapoor said the government unfairly biased the jury against him by painting him as a drug dealer despite the judge overseeing the case deciding that accusation could not stand.

  • January 28, 2020

    Quit Saying Purell Prevents Ebola, FDA Tells Sanitizer Co.

    The U.S. Food and Drug Administration has warned the maker of Purell to stop marketing the hand sanitizer as reducing or preventing diseases, including the Ebola virus and the flu, citing a lack of "adequate and well-controlled studies" backing up those claims, according to a warning letter sent earlier this month.

  • January 28, 2020

    GoPro Investors Say Execs Misled Over Drone Revenue

    GoPro Inc.'s executives exaggerated the prospects of the company's Karma drone and HERO5 camera, causing GoPro's stock price to tank, but not before the executives sold their own shares for millions of dollars, according to an investor lawsuit filed Monday in Delaware Chancery Court.

  • January 28, 2020

    Okla. Jury Hands Down $20M Verdict In Fatal Oil Rig Blowout

    Families of two men killed in a 2018 drilling rig explosion won a $20 million verdict in an Oklahoma state court trial Monday, but the jury found sole defendant National Oilwell Varco only 10% responsible for their deaths.

  • January 28, 2020

    Ex-Balch Partner, Coal Exec Ask 11th Circ. To Ax Convictions

    A coal company executive and a former Balch & Bingham environmental partner told the Eleventh Circuit on Tuesday that their convictions for bribing an Alabama legislator to help dodge Superfund cleanup liability should be reversed because jurors could not have found that they paid the lawmaker for his vote.

  • January 28, 2020

    Drivers Rip VW Bid To DQ Former FBI Chief In Bellwether Trial

    Consumers gearing up to face Volkswagen in an upcoming bellwether trial urged a California federal judge Monday to allow former FBI Director Louis J. Freeh to testify as their damages expert, rejecting the German automaker's claims that Freeh has confidential information concerning its "clean diesel" emissions litigation.

  • January 28, 2020

    Fitbit Can Work Out Design Defect Suit With Arbitrator

    A California federal court has sent a proposed class action claiming Fitbit’s wearable activity trackers regularly fall off users' wrists to arbitration, finding the plaintiff “clearly and unmistakably” agreed to do so when accepting the terms and conditions of his Fitbit device.

  • January 28, 2020

    Pot Lobby Says Lowering Taxes Will Help Stem Vaping Crisis

    In order to curb the spread of potentially dangerous vapes from the illicit market, regulators should lower taxes on the cannabis industry and expedite the process of granting licenses in more jurisdictions, a marijuana trade lobby said in a report released Tuesday.

  • January 28, 2020

    Buyers Claim BodyArmor Sports Drink Is Soda In Disguise

    A proposed class of sports drink buyers in California, New York and Pennsylvania sued the makers of BodyArmor SuperDrink on Tuesday, saying despite the company’s claims that it is a “better” and “more natural” way to hydrate, the beverage is really a “dressed-up soda masquerading as a health drink.”

  • January 28, 2020

    Opioid MDL Special Master Sets Data Production Guidelines

    A special master in the opioid multidistrict litigation in Ohio on Monday outlined what data pharmacies have to turn over to local governments in the litigation, including information on non-opioids that are associated with "doctor-shopping."

  • January 28, 2020

    Bacardi Beats Suit Over 'Grains Of Paradise' Gin

    A Florida federal judge on Tuesday tossed a suit alleging Bacardi USA Inc. used a harmful and illegal ingredient in its gin, saying the state statute the buyer leaned on was preempted by federal law and he hadn’t shown he suffered any sort of harm from the drink.

  • January 28, 2020

    Insys Exec Can't Delay 33-Month Prison Sentence, Gov't Says

    Prosecutors urged a Massachusetts federal judge on Monday to reject a bid by former Insys Therapeutics Inc. executive Michael J. Gurry to pause his 33-month prison sentence over his role in an opioid bribery scheme in order to await the outcome of his appeal, saying a delay is unwarranted.

Expert Analysis

  • 4 Keys To Defending E-Cig Battery Explosion Cases

    Author Photo

    As personal injury claims related to exploding lithium-ion batteries in vaping devices increase, defendants must understand the challenges facing both sides to increase the chance of avoiding liability, say Edward Abbot and David Freed of Hawkins Parnell.

  • An Inside Look At PFAS Regulatory Action: Part 2

    Author Photo

    In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

  • An Inside Look At PFAS Regulatory Action: Part 1

    Author Photo

    In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

    Author Photo

    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

    Author Photo

    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Assessing USDA Hemp Rule's Impact On Cannabis IP

    Author Photo

    Following the U.S. Department of Agriculture's Oct. 29 rule establishing a regulatory framework for hemp production, industry players are increasingly seeking to fortify their business plans with intellectual property, whether to secure a competitive edge or increase company valuation, says Pauline Pelletier of Sterne Kessler.

  • Top Class Settlement Admin Factors To Consider In 2020

    Author Photo

    Managing class action settlement issues like notice, fraud and judicial standards may become more complex and expensive as new obstacles, such as the California Consumer Privacy Act, come into play next year, says Jeanne Finegan at HF Media.

  • 5 Trends Influencing RFPs For Law Firms

    Author Photo

    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Private Equity Wants To Buy Your Asbestos Liabilities

    Author Photo

    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • MDLs Are Redefining The US Legal Landscape

    Author Photo

    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

    Author Photo

    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

    Author Photo

    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Confronting Plaintiffs Attorney Advertising Abuses

    Author Photo

    Federal and state authorities have recently taken action against plaintiffs law firms' advertisements insinuating that many medications and devices are inherently dangerous — and more regulatory pushback may follow, says Katie Insogna of DLA Piper.

  • Counseling Cannabis Cos. Requires A Holistic Approach

    Author Photo

    Cannabis-related businesses operate in one of the most challenging regulatory environments of any consumer sector, such that specialized legal services are required to avoid disastrous consequences to companies, principals and investors, say Ian Stewart of Wilson Elser and Garrett Graff of Hoban.

  • Opinion

    States Are Wrong To Block Local Gov'ts From Opioid Suits

    Author Photo

    The Ohio attorney general's recent attempt to stop local governments from suing opioid manufacturers disregards the vital role cities and counties play in protecting their citizens, including by demanding accountability in court, says Fordham University School of Law professor Nestor Davidson.

Can't find the article you're looking for? Click here to search the Product Liability archive.