Product Liability

  • January 21, 2020

    Ex-Insys Exec Blasts Big Pharma For Exploiting Women

    In a memorandum seeking to avoid prison time the day before she is sentenced, a convicted former Insys Therapeutics Inc. executive and onetime exotic dancer blasted the pharmaceutical industry Tuesday for exploiting women to prey on "lonely" doctors to drive opioid sales.

  • January 21, 2020

    Justices Zero In On Consent In Steel Plant Arbitration Fight

    The U.S. Supreme Court on Tuesday stressed that parties must consent to arbitration as it considered whether to allow nonsignatories to an international arbitration agreement to force arbitration of a dispute, an unsettled area of U.S. law that critics say has caused uncertainty for the international business community.

  • January 21, 2020

    Jury Absolves Ethicon In Pelvic Mesh Suit

    A Florida federal jury on Tuesday found that Johnson & Johnson subsidiary Ethicon isn't liable in a woman's suit alleging a defective pelvic mesh caused her constant pain.

  • January 21, 2020

    5th Circ. Says Insurer Needn't Cover Crushed Rock Cleanup

    The Fifth Circuit has affirmed that Great American Insurance Co. is not responsible for a concrete company's costs to remove crushed rocks accidentally dumped in a stream from a New Jersey quarry, agreeing with a lower court that the rock particles are contaminants subject to a pollution exclusion in the policy.

  • January 21, 2020

    Calif. Water Utility Sues Feds For $1.3M Water Treatment Cost

    A California water utility said in a lawsuit Tuesday the government should pay for a $1.3 million water treatment system it installed to clean up a well near a former U.S. Air Force base it blames for contaminating the well's water.

  • January 21, 2020

    Home Depot Can't Kill Roundup Cancer Warning Suit For Now

    Home Depot lost a bid to nix a proposed class action claiming the retailer failed to warn buyers that Roundup weedkiller contained an ingredient that causes cancer when a California federal judge ruled Tuesday that Home Depot’s dismissal request wrongly relied on outside information.

  • January 21, 2020

    Purdue, Creditors Ask To Keep Stay On Insurance Arbitration

    Purdue Pharma and its unsecured creditors are asking a New York bankruptcy judge to deny an insurer's request to allow arbitration over how much product liability coverage it owes the drugmaker to proceed, saying it could severely disrupt Purdue's Chapter 11 case.

  • January 21, 2020

    CBD Co. Accused Of Using Misleading Labels On Hemp Cream

    Consumers claim a Colorado CBD product company is misrepresenting the quantity of hemp extract contained in its skin creams, according to a putative class action filed in Illinois federal court.

  • January 21, 2020

    FDA Focus: What Ropes & Gray's Practice Chair Is Watching

    In Law360's latest installment of FDA Focus, Ropes & Gray's life sciences practice chair shares his thoughts on "woefully outdated" regulatory policies that need a soup-to-nuts overhaul, urgent issues confronting the new U.S. Food and Drug Administration commissioner and swirling uncertainty in the booming field of digital health.

  • January 21, 2020

    Royal Caribbean Spared Punitive Damages For Stormy Cruise

    A Florida federal judge has ruled that passengers on a Royal Caribbean cruise that got caught in a hurricane-strength storm won't be able to seek punitive damages against the cruise company because they failed to show the company intentionally put the ship in harm's way.

  • January 21, 2020

    FTC Advertising Atty Who Led POM Wonderful Case To Retire

    The Federal Trade Commission said Tuesday that Mary Engle, who led the case against juice maker POM Wonderful's misleading ads, as well as the FTC’s first privacy case, will be retiring after 30 years with the agency.

  • January 21, 2020

    High Court Won't Block Flint Lead Water Suit

    Residents of Flint, Michigan, can go ahead with a lawsuit accusing the city and local and state government officials of exposing them to lead-contaminated drinking water, after the U.S. Supreme Court on Tuesday rejected the leaders' plea to review the case.

  • January 21, 2020

    Atty Pay Provision Trips Bell & Howell Pest Repeller Deal

    A New York federal judge has rejected a proposed settlement meant to end class litigation over allegedly defective pest repellers made by Bell & Howell, saying the attorneys should not get paid before the product buyers do.

  • January 21, 2020

    2 Insys Execs Get Less Than 3 Years In Opioid Kickback Case

    One former Insys Therapeutics Inc. executive was sentenced to nearly three years in prison and a second got six months less on Tuesday for their roles in a racketeering conspiracy to bribe doctors to prescribe the company’s powerful opioid spray and lie to insurance companies so they would pay for the expensive drug.

  • January 17, 2020

    Up Next At High Court: Arbitration, Church-State Separation

    Chief Justice John Roberts Jr. may be presiding over the third presidential impeachment in American history, but over at the U.S. Supreme Court it's business as usual, with he and his colleagues set to close out the January argument session with a pair of cases involving international arbitration and church-state separation.

  • January 17, 2020

    Philip Morris Avoids Punitives After $2.5M Cancer Verdict

    A Florida jury on Friday declined to impose punitive damages on Philip Morris after previously finding the tobacco company was to blame for a 41-year-old longtime cigarette smoker's death from lung cancer and awarding the man's daughter $2.5 million.

  • January 17, 2020

    Vape Injury Outbreak Mainly Tied To THC Products, CDC Says

    The U.S. Centers for Disease Control and Prevention released two reports Friday that shed more light on an outbreak of vaping-related lung illnesses that peaked last fall, and backed off its recommendation that people avoid e-cigarettes altogether.

  • January 17, 2020

    'Clean Diesel' Bellwether Jurors Will Learn VW Admitted Fraud

    Jurors on an upcoming bellwether trial for Volkswagen owners who opted out of a $10 billion settlement in multidistrict litigation over the automaker's "clean diesel" emissions scandal will hear that Volkswagen admitted to committing fraud, a California federal judge said during a status conference Friday.

  • January 17, 2020

    Duck Boat Operator Settles Final Claims In Fatal Sinking Suit

    The operator of an amphibious "duck boat" that sank in a Missouri lake in 2018 and killed 17 people has settled the last of 31 claims filed by the victims and their families for an undisclosed amount, a company spokeswoman confirmed Friday.

  • January 17, 2020

    6th Circ. Is Told Opioid MDL Judge Flouting Court Rules

    Pharmacies launched another attack on the judge overseeing opioid multidistrict litigation, telling the Sixth Circuit on Friday that he has "repeatedly disregarded" federal court rules and should be ordered to follow them.

  • January 17, 2020

    Bat Buyers Swing For Cert. In Rawlings False Ad Suit

    A group of baseball bat buyers on Friday asked a California federal judge to grant class certification in a suit alleging that Rawlings Sporting Goods Co. Inc. mislabeled the weight of its non-wood baseball bats, selling them at a heavier weight than advertised.

  • January 17, 2020

    Tanenbaum Keale Snags Marshall Dennehey Partner In Pa.

    In a move that has helped push the firm into a more spacious set of Philadelphia-area offices, litigation boutique Tanenbaum Keale LLP has announced the hiring of a former Marshall Dennehey Warner Coleman & Goggin PC product liability partner.

  • January 17, 2020

    Petition Seeks Probe Into Tesla Cars' Sudden Acceleration

    The National Highway Traffic Safety Administration said it is looking into a petition asking the agency to investigate a claim that about a half-million Tesla Inc. vehicles are affected by a defect that causes sudden unintended acceleration.

  • January 17, 2020

    Chuck Norris, Wife Drop Claims MRI Drug Threatened Her Life

    Actor Chuck Norris and his wife abandoned their lawsuit in San Francisco County Court alleging that drugs injected into her system during an MRI left her with a lingering painful condition, according to a press release from Bracco Diagnostics Inc., one of the several drugmakers named in the suit.

  • January 17, 2020

    Scrapped Experts Can't Return In NJ Accutane Case

    A New Jersey state appeals court refused to bring back two scrapped expert witnesses for Accutane users who claim the Hoffmann-La Roche Ltd. drug caused them to develop ulcerative colitis, ruling that state Supreme Court precedent in related Accutane litigation justified keeping their testimony out of the case.

Expert Analysis

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • Roundup

    Pursuing Wellness

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    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

  • NJ Ruling Removes Evidence Hurdle For Asbestos Defendants

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    The New Jersey Supreme Court's recent ruling in Rowe v. Bell & Gossett — permitting a trial defendant in an asbestos case to introduce into evidence settled defendants’ interrogatory responses and corporate representatives' testimony — will better equip defendants to paint a complete picture for juries, says Michael Posavetz of Eckert Seamans.

  • How BigLaw Is Adapting To Plaintiff-Side Litigation

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    While many have treated Kirkland & Ellis' recent creation of a contingency fee-based plaintiffs practice as market disruptive, it is another manifestation of forces that have been changing the business of BigLaw for some time, says Elizabeth Korchin at Therium Capital Management.

  • Series

    Pursuing Wellness: A Focus On Firm Holistic Health Training

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    Our most concerted efforts toward implementing the American Bar Association's well-being pledge, which we signed one year ago, have centered on educating attorneys and staff by including well-being components in firm trainings and professional development programs, says Andrew Glincher at Nixon Peabody.

  • Opinion

    THC Vaping Health Issues Warrant Safety Standards

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    Thus far, nine deaths and more than 500 cases of illness allegedly related to THC vaping have been reported across the U.S. Changing federal law's treatment of marijuana could be the most important step in the promotion of public safety in this arena, say Seth Goldberg and Justin Stern of Duane Morris.

  • Roundup

    Judging A Book

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    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Series

    Judging A Book: Jackson Reviews 'When Should Law Forgive?'

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    Readers of Martha Minow's new book "When Should Law Forgive?" will be exposed to a refreshingly robust vision of justice that transcends myopic perspectives of wrongdoing and punishment, says U.S. District Judge Ketanji Brown Jackson of the District of Columbia.

  • And Now A Word From The Panel: Too Small For An MDL?

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    While multidistrict litigation can be created with as few as two federal actions in two federal judicial districts, the presence of few actions tends to coincide with other factors militating against centralization, raising the bar for establishing an MDL, says Alan Rothman of Arnold & Porter.

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Drone Deliveries Face Technological, Legal Hurdles

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    After years of anticipation, a handful of companies are getting closer to delivering packages in the United States by drone — but navigational and safety technologies are still maturing, and security, privacy and jurisdictional questions remain, says Caroline Gentry of Porter Wright.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Searching For A Legal Pathway For CBD Products

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    Sales of products containing CBD are booming, but companies selling them are still faced with a regulatory quagmire, struggling to understand how to legally promote, label and distribute CBD consumables in light of gridlock at the U.S. Food and Drug Administration and inconsistent state laws, say attorneys at DLA Piper.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

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