Product Liability

  • January 27, 2020

    Ford Drivers Push For Approval Of $77M Settlement

    Ford drivers pushed a California federal judge to approve a $77 million settlement over defective transmissions in certain models, saying that class members have already received more than $47 million in payments.

  • January 27, 2020

    VW's $57M Suspension Defect Deal With Drivers Gets Final OK

    A Florida federal judge signed off Monday on a $57 million settlement to end a class action alleging Volkswagen knowingly sold CC model sedans with suspension defects, netting the consumers' attorneys $7.7 million in fees and expenses.

  • January 27, 2020

    Calif. Judge Allows Latest EPA Report In Next Roundup Trial

    A California judge has doled out rulings on dozens of pretrial motions in the next Roundup case expected to go to jury trial Wednesday, including allowing Monsanto to mention a recent EPA report that another judge had excluded from a trial that ended last year in a $2 billion verdict.

  • January 27, 2020

    Insys Doc Who Lied About Ex-Colleagues Gets Nearly 5 Years

    A Manhattan federal judge hit a New York City anesthesiologist with almost five years in prison Monday for taking kickbacks from Insys Inc., sharply criticizing the defendant for fraudulently impugning former medical community colleagues online after his arrest and termination from Mount Sinai Medical Center.

  • January 27, 2020

    Gov. Contractor Says Army Families Can't Sue Over Housing

    A government contractor urged a Maryland federal court to toss a proposed class action over water leaks and mold in U.S. Army housing units, saying it doesn’t have a contractual relationship with the tenants to give them grounds for a lawsuit.

  • January 27, 2020

    Insurer Denies Duty To Defend Brad Pitt Charity In Homes Suit

    TIG Insurance Co. has sued Brad Pitt's Make It Right Foundation and its officers, urging a Louisiana federal court to rule that the insurer has no obligation to defend the beleaguered charity in an underlying suit over poorly constructed homes sold in New Orleans after Hurricane Katrina.

  • January 27, 2020

    Claims Trimmed In Vitamin Shoppe Supplement Defect Suit

    An Illinois federal judge on Monday trimmed three counts from a suit alleging that The Vitamin Shoppe sold vitamin supplements with dangerous levels of lead and other heavy metals, finding that the complaint doesn’t show where the company allegedly misrepresented the vitamins’ content.

  • January 27, 2020

    Biz Groups Back VW In Ohio Supreme Court Emissions Fight

    The U.S. Chamber of Commerce and other business groups have urged the Ohio Supreme Court to review a recent decision reviving the Buckeye State’s lawsuit alleging that Volkswagen violated state environmental and anti-tampering laws during its diesel emissions-cheating scheme, saying the decision spells “regulatory chaos.”

  • January 27, 2020

    McCormick's $2.5M Deal In Slack-Fill Suit Gets Interim Nod

    A D.C. federal judge on Monday granted preliminary approval of a $2.5 million deal proposed by three state consumer classes to settle claims against McCormick & Co. Inc. in multidistrict litigation that accuses the spice manufacturer of underfilling pepper sold in grinders and tins.

  • January 27, 2020

    Pharmacies Can't Escape Public Nuisance In Opioid MDL

    An Ohio federal judge on Monday refused attempts by Rite Aid, Walmart and others to dismiss claims alleging that their failure to stop opioids from being diverted for illicit purposes created a public nuisance, saying that counties had shown evidence to back the allegations.

  • January 27, 2020

    Cook Group Forms As Minority, Women-Owned Defense Firm

    Litigator Kerryann Cook and more than 25 other attorneys have formed The Cook Group, a women- and minority-owned legal firm that will focus on defending clients in class actions, product liability, environmental, and sports and entertainment-related suits, Cook announced Monday.

  • January 27, 2020

    J&J CEO Denies Cashing In Options Was Linked To Exposé

    Johnson & Johnson CEO Alex Gorsky netted about $22 million in pretax profits by exercising stock options on the same day a reporter emailed the company about her upcoming exposé on claims J&J's baby powder contained asbestos, the executive acknowledged at a New Jersey state trial Monday, but denied the two events were connected.

  • January 27, 2020

    Oops! DOJ Enviro Head Fesses Up After License Lapse

    The U.S. Department of Justice's top environmental lawyer is on a cross-country apology tour of federal courts where he practiced for two months last fall with a lapsed law license, asking for forgiveness for signing on to court filings and even arguing in the Ninth Circuit during the lapse.

  • January 27, 2020

    Nestle Can't Shake False Ad Suit Over Trans Fat In Creamer

    A California federal judge has found that Nestle USA Inc. and a group of retail stores must face accusations that they lied about the trans fat content of Coffee-mate brand coffee creamers, saying an amended complaint adequately shows when and where the buyer leading the suit bought the product and that he relied on the labeling.

  • January 24, 2020

    FDA Tells 4th Circ. To Axe E-Cig Apps Deadline Appeal

    The U.S. Food and Drug Administration has told the Fourth Circuit that the agency’s recent guidance on a deadline for e-cigarette companies to get their products off the market has rendered moot arguments by vape organizations that oppose the deadline.

  • January 24, 2020

    Insys Shows RICO As Good For Kapoor As For Whitey Bulger

    The landmark racketeering conviction of former Insys Therapeutics Inc. executives shows that the same statute used to prosecute mob boss Whitey Bulger can and should be used against corporate bigwigs, Boston prosecutors told Law360.

  • January 24, 2020

    AmerisourceBergen Wants Del. Justices On Opioid Doc Fight

    AmerisourceBergen wants the Delaware Supreme Court to review a trial court decision that ordered it to provide stockholders with records on its compliance with opioid drug distribution controls, arguing the ruling expands investor records demand rights beyond prior decisions.

  • January 24, 2020

    Chubb Unit Likens Bad-Faith Claims To 'Shearing A Pig'

    A Chubb insurer accused a boilermaker of harassment in a long-running discovery dispute, claiming the company was advancing "grandiose" conspiracy theories and firing off frivolous motions alleging a cover-up when evidence failed to materialize.

  • January 24, 2020

    FCA's Epic Run In 2010s Will Be Hard To Match In 2020s

    After soaring to unprecedented prominence during the 2010s, the False Claims Act is flying into the 2020s against new headwinds, including executive branch actions to curtail cases, diminished litigation fodder and nettlesome decisions by the U.S. Supreme Court.

  • January 24, 2020

    Sanofi, Mylan Spar Over Surescripts Ruling In EpiPen Fight

    Mylan told a Kansas federal judge on Friday that Sanofi is wrong to argue that a recent ruling in the Federal Trade Commission's monopolization case against Surescripts supports allegations that Mylan violated antitrust law in an effort to maintain the dominance of its EpiPen.

  • January 24, 2020

    Calif. Wants Pot Shops To Post QR Codes Amid Vaping Crisis

    California regulators have proposed emergency rules that would require the state's cannabis businesses to post codes verifying their license status, in light of what the state is calling an emergency over lung injuries associated with vaping.

  • January 24, 2020

    Bankruptcy Judge OKs $1.3M Bonus For Purdue CEO

    A New York bankruptcy judge ended a monthslong dispute over pay for Purdue Pharmaceutical executives Friday, saying a $1.3 million bonus for the company's CEO is reasonable for the industry.

  • January 24, 2020

    Clock Has Run Out For Hair-Loss Patients In Chemo MDL

    A Louisiana federal judge has refused to revive suits of two women who claim drugmaker Sanofi-Aventis didn't inform them that their chemo drug could cause permanent hair loss, saying there was no error in finding that their cases were filed years too late under Louisiana law.

  • January 24, 2020

    Roundup Deal Talks Stop St. Louis Trial Before It Starts

    A Missouri state court trial over allegations Monsanto’s weedkiller Roundup causes non-Hodgkin’s lymphoma was put on hold hours after it was set to begin in St. Louis on Friday, as the company sought to buy some time to resolve thousands of similar claims in federal court.

  • January 24, 2020

    CertainTeed Spinoff Hits Ch. 11 To Deal With Asbestos Costs

    An affiliate of building material maker CertainTeed filed for Chapter 11 protection Thursday in North Carolina after being spun off from the company and saddled with legacy asbestos liabilities stemming from CertainTeed’s cement pipe and roofing products.

Expert Analysis

  • Top Trends In Food And Beverage Class Actions

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    With food and beverage manufacturers more careful about labeling, and courts increasingly skeptical of lawyer-driven false advertising claims that struggle to meet reasonable consumer standards, plaintiffs are formulating new litigation strategies, say Lori Lustrin and Melissa Pallett-Vasquez of Bilzin Sumberg. 

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • Supporting Autonomous Vehicles With Better Regulations

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    A centralized approach to autonomous vehicle regulation in the United States would optimize opportunities for manufacturers more than the current patchwork of state regulations, say Geoffrey Wyatt and Anthony Balzano of Skadden.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • Clinical Trials And Specific Jurisdiction After Bristol-Myers

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    In the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California, state and federal courts have viewed the location of clinical activities as largely immaterial to specific jurisdiction analysis in standard product liability actions, say Matthew Saxon and Rand Brothers of Winston & Strawn.

  • The FDA Regulatory Landscape For Tobacco And Cannabis

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    Recently, the U.S. Food and Drug Administration has been active in its oversight of e-cigarettes and cannabis. In this video, Ben Haas and Elizabeth Richards of Latham discuss the latest developments in the FDA's regulatory framework for these products.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • A Defense For E-Cig Makers Against Vape Lung Illness Claims

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    With a flurry of illnesses and deaths blamed on vaping, plaintiffs attorneys are expected to file thousands of lawsuits against e-cigarette manufacturers. But in California, O’Neil v. Crane establishes that vape manufacturers owe no duty to warn about the dangers associated with other manufacturers’ vaping liquids, says Michael Preciado of Buchalter.

  • 8 Best Practices For Cannabis Transaction Due Diligence

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    Given the extraordinary risks and evolving regulatory landscape in the rapidly expanding cannabis industry, investors should consider due diligence matters across a wide swath of legal fields when evaluating cannabis-focused transactions, say attorneys with Epstein Becker.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • How AI Is Shaping FDA Medical Device Regulation

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    In this short video, Ben Haas and Elizabeth Richards of Latham discuss the U.S. Food and Drug Administration's recent efforts to account for artificial intelligence and real-world evidence in its medical device approval process.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • A Weak Link In Consumers' FDA Test Claims

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    As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

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