Product Liability

  • July 15, 2019

    VW Rips SEC's Delayed Emissions Fraud Suit

    Volkswagen AG has told a California federal judge that the U.S. Securities and Exchange Commission can't hide behind excuses for waiting years to sue the German automaker for allegedly defrauding U.S. investors in a bond offering that failed to disclose its "clean diesel" emissions cheating scheme.

  • July 15, 2019

    Insys Proposes Novel Gov't Committee Deal In Ch. 11 Case

    Bankrupt drugmaker Insys Therapeutics Inc. reached a deal with a group of government entities seeking representation in its Chapter 11 case Monday by proposing the formation of a limited-purpose committee of local agencies that will be able to participate in plan negotiations.

  • July 15, 2019

    Energy Cases To Watch In The Second Half Of 2019

    Climate change will dominate the energy-related court cases attorneys will watch in the second half of 2019, while fights over FERC's bankruptcy authority and state-level disputes over energy partnerships and oil and gas rights will draw plenty of eyeballs. Here are seven cases that energy attorneys will be watching in the second half of the year.

  • July 15, 2019

    Gerber Barred From Touting Allergy Benefits Under FTC Deal

    Gerber Products Co. will be barred from making misleading statements about how its baby formula can prevent or reduce the risk of allergies under a settlement with the Federal Trade Commission approved by a New Jersey federal judge on Monday.

  • July 12, 2019

    Breaking Down J&J And California's $1B Pelvic Mesh Trial

    Johnson & Johnson is about to face off with California Attorney General Xavier Becerra's office in a first-of-its-kind trial over allegations the company falsely marketed its pelvic mesh devices to hundreds of thousands of Golden State women, and could face a near billion-dollar judgment if it loses. Here, Law360 takes a look at the case in advance of the trial scheduled to begin Monday.

  • July 12, 2019

    Avon Nears Costs Win After Cancer Victim Rejects $10K Deal

    A California judge tentatively ruled Friday that because a cancer patient rejected Avon's $10,000 settlement offer in a talc asbestos suit the beauty products maker later quashed, she must pay $47,000 the company spent hiring experts to fight the allegations.

  • July 12, 2019

    J&J Again Asks For Win As Okla. Opioid Trial Testimony Ends

    Johnson & Johnson said Friday that Oklahoma hasn't carried its burden of proof in the landmark opioid-crisis trial, arguing again for an early win as the judge heard statements from a regulator who said a J&J unit successfully pressured a state board not to list the opioid tramadol as a controlled substance.

  • July 12, 2019

    How A Doc's FCA Suit Turned Into $1.4B Opioid Deal

    An addiction specialist looking to take on Reckitt Benckiser's marketing practices for its opioid treatment found a path to victory by filing a whistleblower suit so that the federal government would get involved, culminating in a record-breaking $1.4 billion deal.

  • July 12, 2019

    Fla. Jury Absolves Zimmer In Hip Implant Injury Suit

    A Florida state jury has cleared Zimmer Inc. from claims the medical device maker sold defective prosthetic hip implant devices and failed to warn doctors about the risks associated with metal corrosion that left a Florida woman injured.

  • July 12, 2019

    FDA Ordered To Impose 10-Month Deadline For E-Cig Apps

    The U.S. Food and Drug Administration must impose a 10-month deadline for e-cigarette companies to submit applications to keep their products on the market, a Maryland federal judge has ordered, noting the court has the authority to establish such a deadline because of the "extraordinary circumstances" of the growing youth vaping trend.

  • July 12, 2019

    LaCroix's 'Outraged' Sanctions Bid In 'Natural' Suit Falls Flat

    An "outraged" yet "repetitive" sanctions bid by LaCroix accusing a proposed class of consumers of its sparkling water of "financial terrorism" over their false labeling suit fails to back up its arguments with evidence, an Illinois federal judge has said.

  • July 12, 2019

    Crane Maker Beats Engineer's $248M Injury Claim At Trial

    An Illinois state jury has sided with crane maker Terex USA LLC over a civil engineer’s claims that one of its crane’s parts fell on him and caused serious injuries while he was working on a bridge project in Chicago.

  • July 12, 2019

    18 State AGs Call On House To Ban Asbestos

    A group of 18 attorneys general on Friday urged the House's Committee on Energy and Commerce to enact a full ban on making, importing and distributing asbestos within the U.S.

  • July 12, 2019

    Honda Is Hiding Acura RDX 'Infotainment' Glitch, Owners Say

    Owners of brand new Acura RDX vehicles filed a proposed class action in California federal court Thursday alleging Honda knowingly sold vehicles with defective technology consoles that could distract drivers and become a safety hazard.

  • July 12, 2019

    Weak Ties To Imerys Ch. 11 Get J&J Talc Suit Remanded

    A Florida federal judge sent a woman's case claiming she developed ovarian cancer from Johnson & Johnson's baby powder back to state court Thursday, saying the company failed to prove the case is “related to” its talc supplier's bankruptcy case in Delaware.

  • July 12, 2019

    L’Oreal Dodges Claims Over Misleading Cosmetics Bottles

    A New York federal judge has dismissed a suit alleging that L’Oreal USA Inc.’s cosmetics labels mislead customers, saying reasonable customers would not expect to get all of a viscous fluid out of the bottle with the pumps used in L’Oreal’s products.

  • July 12, 2019

    J&J Surgical Staplers Injured Man's Stomach, Suit Claims

    A California man is suing Johnson & Johnson and one of its subsidiaries, saying he was severely injured by a surgical stapler that the company claimed was safe to use for more than a year before it was recalled.

  • July 11, 2019

    Allergan's Bid To Block Imprimis Drug Sales Limited To Calif.

    A California federal court on Thursday handed a partial win to Allergan USA Inc. by blocking the compound drugmaker Imprimis Pharmaceuticals from selling medications under certain conditions, though the judge limited the order's scope to the Golden State.

  • July 11, 2019

    Calif. High Court Reopens Monster Energy's Case Against Atty

    The California Supreme Court on Thursday reversed the dismissal of Monster Energy Co.'s suit against R. Rex Parris Law Firm attorney Bruce Schechter, finding Schechter was indeed bound by a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for a teenager’s death.

  • July 11, 2019

    J&J Opioids Were Sliver Of The Okla. Market, Judge Told

    A Johnson & Johnson subsidiary's opioids have made up less than 1% of the total opioid prescriptions issued in Oklahoma, a statistician told an Oklahoma judge Thursday during the trailblazing trial in which the state has argued that an oversupply of the drugs caused an addiction and overdose crisis in the Sooner State.

  • July 11, 2019

    Reed Smith Atty's Widow Fails To Reclaim $3M Win Over GSK

    An Illinois federal judge on Thursday rejected a request from the widow of a Reed Smith LLP partner to reinstate a $3 million verdict she won against GlaxoSmithKline that was later vacated by the Seventh Circuit.

  • July 11, 2019

    Calif. Lawmakers Create $21B Wildfire Insurance Fund

    California legislators on Thursday passed a bill that would force California utilities to funnel $21 billion into a wildfire protection fund, a measure supported by two of the state's largest investor-owned utilities as well as fire victims and ratepayers.

  • July 11, 2019

    Texas Landowners Can't Prove Oncor Caused Grass Fire

    West Texas landowners can't pin the blame for a grass fire on power transmission company Oncor because they can't prove Oncor is more likely to have been responsible for the blaze than another possible cause, a Texas appellate court held Thursday.

  • July 11, 2019

    Insurers Want To Investigate J&J Talc Supplier's Ch. 11

    Saying it needed to level the playing field, an insurer group covering a predecessor of Johnson & Johnson's bankrupt talc supplier Imerys sought Delaware court approval Thursday for access to all records shared with attorneys for Imerys’ current and future asbestos injury claimants.

  • July 11, 2019

    Travelers Has To Defend Magnetek In Monsanto PCB Suits

    An Illinois federal judge found Thursday that Travelers Indemnity Co. is on the hook to defend Magnetek Inc. in a slew of lawsuits over Monsanto Co.'s production of polychlorinated biphenyls, or PCBs.

Expert Analysis

  • Courts Are More Rigorously Scrutinizing Class Settlements

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    Although the hurdles to certification of a settlement class are not as high as they were last year, the difficulties of demonstrating that a class action settlement is fair, reasonable and adequate arguably trend higher, say attorneys at Alston & Bird.

  • A New Court Approach To DOJ And SEC Parallel Proceedings

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    A California federal court's refusal to stay U.S. Securities and Exchange Commission proceedings in SEC v. Balwani suggests that the U.S. Department of Justice should no longer count on courts routinely staying civil discovery in SEC actions, but this precedent is neither a win nor a loss for defendants facing parallel actions, say attorneys at Lowenstein Sandler.

  • High Court May Take On Preemption In Superfund Case

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    The U.S. Supreme Court recently agreed to review a Montana Supreme Court decision allowing common-law environmental cleanup claims at sites already subject to U.S. Environmental Protection Agency cleanup orders. The court may have taken the case because it addresses federal agencies' authority to preempt state-level claims, say Jeffrey Dintzer and Greg Christianson of Alston & Bird.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • Aviation Watch: What's Behind Military Flight Safety Issues

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    Military aviation mishaps have been on the rise, with some critics calling the situation a crisis. Evidence indicates that the current safety challenge arises from a combination of systemic and institutional causes, says Alan Hoffman, a retired attorney and private pilot.

  • An Analytical Approach To Defending Securities Class Claims

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    A recent analysis indicates that 33 securities class action complaints filed in the last year contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Verifiable absence of indirect price impact can help directors and officers execute a successful defense to negate class treatment, says Nessim Mezrahi of SAR.

  • Contaminated Cosmetics: Recalls, Lawsuits And Legislation

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    Recent recalls and ongoing litigation concerning talc products allegedly contaminated with asbestos illustrate the enduring legal challenges that cosmetics manufacturers and marketers face. And supply chain participants may find the regulatory landscape further complicated by pending federal legislation, says Kelly Bonner of Duane Morris.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

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