Product Liability

  • January 23, 2020

    McKesson, Stockholders Reach $175M Deal In Opioid Suit

    Stockholders suing pharmaceutical distributor McKesson Corp. told a Delaware Chancery Court judge Thursday they had reached a $175 million settlement to resolve claims the company’s board failed in its oversight of opioid sales even after incurring millions in fines for previous compliance failures.

  • January 23, 2020

    Calif. Appeals Court Won't Revive J&J Talc Suit

    A California appeals panel on Wednesday upheld the dismissal of a suit claiming that asbestos in Johnson & Johnson talc-based powder products caused a woman's mesothelioma, saying there was no expert testimony presented to counter an opinion that the talc was free of asbestos.

  • January 23, 2020

    Seeger Weiss To Spend $5M Of Concussion Education Fund

    Seeger Weiss LLP, which indirectly represents all 20,000 or so retired players covered by the landmark NFL concussion settlement, has unveiled a proposal to spend more than $5 million of the $10 million set aside by the settlement for educational purposes.

  • January 23, 2020

    4 Takeaways From Roundup Jury Selection In St. Louis

    Monsanto and the four people alleging its Roundup weedkiller gave them cancer seated 16 jurors Wednesday. They'll hear the first trial outside California, where the agricultural giant has lost three verdicts. Law360 looks into what can be gleaned from two days of voir dire.

  • January 23, 2020

    SanDisk Gets Memory Card Labeling Suit Wiped In Calif.

    A California federal judge on Wednesday dismissed a proposed class action alleging SanDisk LLC misled consumers about the storage capacity of its flash drives and memory cards, noting that the back of the packages on the products at issue clarifies the number of storage bytes.

  • January 23, 2020

    MoFo Adds Venable Trial Atty In San Francisco

    Morrison & Foerster LLP announced Wednesday that it is growing its class actions and mass torts group in San Francisco, bringing on a Venable LLP trial attorney known for her work in product liability and intellectual property cases.

  • January 23, 2020

    Insys Founder John Kapoor Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    Pa. Justices Won't Review Asbestos Suit's Revival

    The Pennsylvania Supreme Court has refused to disturb an appeals court's ruling that will let the case of a carpenter who worked on asbestos-laden fire doors for years before dying of mesothelioma have its day in court.

  • January 23, 2020

    CBD Buyer Fights Fla. Retailer's Bid To Toss False Ad Suit

    A consumer urged a Florida federal judge Wednesday to reject a CBD retailer's bid to toss her proposed class action, arguing that her allegations that the retailer overstates the amount of CBD in its gummies and oil are "classic" false advertising claims and have nothing to do with pending CBD federal regulations.

  • January 23, 2020

    Roofing Co. Escapes Former Worker's $3.2M Asbestos Verdict

    An Illinois state appellate panel has reversed a family's $3.2 million asbestos trial win and ordered judgment in favor of roofing material maker Tremco Inc., saying the family didn't prove the company's products substantially factored into a former employee's fatal cancer.

  • January 23, 2020

    Buyers Claim Coke's Tea Not Honest About Sugar Content

    A proposed class of tea drinkers sued The Coca-Cola Co. in New York federal court Thursday, alleging it misleads customers into thinking its “Honest” brand of teas are low in sugar by claiming they're “just a tad sweet.”

  • January 23, 2020

    Zantac Users Pile On Cancer Claims Ahead Of JPML Hearing

    Sanofi was hit with another proposed class action by a woman in Chicago who alleges the drugmaker failed to warn consumers that Zantac contained a potent carcinogen, a week before a panel decides whether to rope similar claims into multidistrict litigation.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    Newsom Urges Court To Reject PG&E's Bankruptcy Plan

    California Gov. Gavin Newsom urged a federal bankruptcy court Wednesday to reject Pacific Gas and Electric Co.'s reorganization plan, even as PG&E announced it had reached a deal with a group of bondholders securing their support.

  • January 22, 2020

    VW Can Ask 9th Circ. To Weigh Bondholder Fraud Suit

    Volkswagen AG can ask the Ninth Circuit to consider hearing its appeal of a ruling preserving claims that it tricked investors into buying overpriced bonds by hiding its emissions defeat devices, a California judge ruled Wednesday.

  • January 22, 2020

    Bridgestone Unit Must Face Suit Over Man's Quadriplegia

    A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.

  • January 22, 2020

    Energy Cos. Tell 1st Circ. Climate Case Belongs In Fed. Court

    Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.

  • January 22, 2020

    7th Circ. Mulls Restoring $3M Verdict For Reed Smith Widow

    The widow of a Reed Smith partner asked the Seventh Circuit on Wednesday to restore her $3 million verdict against GlaxoSmithKline, but judges on the panel were skeptical the lower court abused its discretion when it decided a U.S. Supreme Court ruling didn't warrant a second look at her case.

  • January 22, 2020

    Senators Unveil Bill Requiring Vape Cos. To Pay FDA

    A bipartisan group of senators on Wednesday announced that they have introduced legislation that would mandate e-cigarette companies to pay user fees to the U.S. Food and Drug Administration to fund stronger oversight over the industry.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Class Counsel Gets $36.5M In Navistar Engine Settlement

    An Illinois federal judge has approved $36.5 million in attorney fees as part of a $135 million settlement that ends litigation against Navistar alleging the company sold diesel engines with defective emissions systems.

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Chancery Pauses Boeing 737 Suits Amid Records Bid Blitz

    Delaware's chancellor on Tuesday paused three derivative complaints filed by Boeing investors accusing the aircraft manufacturing giant's officers of inadequate safety oversight of 737 Max 8 jets so investors can continue seeking the company's books and records to see if they want to sue too.

  • January 21, 2020

    4th Roundup Trial Kicks Off On Monsanto’s Home Turf

    Tuesday marked the start of the fourth trial alleging the active ingredient in Monsanto’s weedkiller Roundup causes cancer. Monsanto has lost every verdict so far, but these jurors will be drawn from the company’s backyard. Will Monsanto enjoy a hometown advantage?

  • January 21, 2020

    Class Counsel Can't Pocket $350K Left From $30M Settlement

    Class counsel in a car headlight fraud case against Osram Sylvania Inc. cannot be allowed to pocket the last $350,000 of a $30 million settlement in the case, and the excess funds will instead be awarded to a nonprofit, a New Jersey federal judge ruled Tuesday.

Expert Analysis

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Opinion

    Automated Vehicle Users Should Not Be Forced To Arbitrate

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    Self-driving vehicles could bring greater safety, sustainability and accessibility, but a majority of Americans still distrust the technology — and if automated vehicle companies force passengers to consent to arbitration to resolve disputes, they will further slow public embrace of AVs, say researchers Austin Brown and Gordon Anderson.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • What To Expect As A Democrat Takes The Reins At The CPSC

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    In a remarkable development for our hyperpartisan era, Ann Marie Buerkle, the outgoing Republican acting chairman of the U.S. Consumer Products Safety Commission, sided with Democratic commissioners to select Democrat Robert Adler as her successor. But partisan gridlock will continue to be a stumbling block for the commission, says Matthew Cohen of Crowell & Moring.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Defendants’ Chances On Daubert May Vary By Circuit

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    A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

  • 2 Trends In DOJ Health Care Enforcement

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    As the health care industry continues to evolve, so do the government's enforcement priorities. In this brief video, David Tolley and BJ Trach of Latham discuss two key areas of focus for the U.S. Department of Justice: the opioid crisis, and patient support and assistance programs.

  • High Court Could Bring Clarity To Charterers In Oil Spill Case

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    In the oil spill liability case Citgo Asphalt Refining v. Frescati Shipping, the U.S. Supreme Court has a chance to resolve a circuit split over whether "safe berth" and "safe port" clauses in maritime contracts impose only a due diligence requirement, or strict liability, which would likely result in more uniformity in the chartering industry, says Jordan Asch of Gibbons.

  • Opioid Negotiation Class May Be Organic Procedure Evolution

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    The so-called negotiation class approved by an Ohio federal judge in the multidistrict opioid litigation seems to demonstrate the common law system’s ability to respond to new factual situations, and the concept may be destined to play a role in resolving increasingly complex mass litigation in the future, says Deborah Hensler at Stanford​​​​​​​ Law School.

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