Product Liability

  • October 13, 2021

    Toyota Says Most Suits Now Settled In Acceleration MDL

    Toyota has struck deals in 549 lawsuits over deaths and injuries stemming from an alleged unintended-acceleration defect in some of its vehicles, translating into settlements for 98% of the suits in multidistrict litigation, attorneys for plaintiffs and the automaker told a California federal court Tuesday.

  • October 13, 2021

    Rhode Island Balks At Mallinckrodt Ch. 11's CEO Release

    The state of Rhode Island objected Wednesday to the proposed Chapter 11 plan of drugmaker Mallinckrodt PLC, telling a Delaware bankruptcy court that the plan seeks to provide impermissible releases of the state's claims against the debtor's CEO in Rhode Island court.

  • October 13, 2021

    ​​​​​​​Philips Hit With $200M Suit By CPAP Cleaner Co. Over Recall

    A manufacturer of ozone gas cleaner for sleep apnea and respiratory machines sued Koninklijke Philips NV for at least $200 million in Massachusetts federal court Tuesday alleging the company misled consumers by suggesting ozone cleaners were partly responsible for a major product recall, harming its business in the process.

  • October 13, 2021

    Godiva Inks $20M Deal To Settle 'Belgium 1926' Label Suit

    A proposed class containing millions of Godiva Chocolatier Inc. customers asked a New York federal judge to preliminarily approve a $20 million settlement that would resolve claims that Godiva's "Belgium 1926" U.S. packaging misled consumers into thinking that the chocolate was exclusively manufactured in Belgium.

  • October 13, 2021

    NORML Warns Against Unregulated Delta-8 Products

    The National Organization for the Reform of Marijuana Laws, also known as NORML, urged consumers on Wednesday to only obtain Delta-8 THC products from state-regulated cannabis manufacturers, warning that the long-term safety and effects of the controversial substance are still widely unknown.

  • October 13, 2021

    Nissan Drivers Get OK On $278M Transmission Defect Deal

    A Tennessee federal judge on Wednesday gave the go-ahead to a $277.7 million settlement to resolve claims that Nissan North America Inc. shipped vehicles with faulty transmissions.

  • October 12, 2021

    Latham Helped Vet Theranos Deal, Ex-Safeway CEO Says

    Safeway's former CEO Steven Burd testified under cross-examination from Elizabeth Holmes' attorney on Tuesday that the grocery chain hired Latham & Watkins LLP to help conduct due diligence on Theranos before agreeing to their $55 million deal, and confirmed that the firm helped him prepare for testifying.

  • October 12, 2021

    Ohio Urges High Court To Reject VW's Emissions Suit Appeal

    Ohio is urging the U.S. Supreme Court to reject an appeal by Volkswagen AG of a decision allowing the state to sue the company over its alleged tampering with vehicles to cheat emissions tests, saying the company's bid is fruitless and goes against the trend of courts across the country.

  • October 12, 2021

    FDA Approves 3 RJ Reynolds Vaping Products

    The U.S. Food and Drug Administration on Tuesday said it has decided to let R.J. Reynolds Vapor Co. market three e-cigarette products, the first time the agency has authorized vaping products as it reviews applications for millions of e-cigarettes and vaping liquids.

  • October 12, 2021

    Juul, Altria Want Tribes' Vape Claims Tossed From MDL

    Altria Group Inc., Juul Labs Inc. and its executives are asking a California federal court to throw out claims in two bellwether suits from a pair of Native American tribes, saying they've failed to plead injuries that the court can grant relief for.

  • October 12, 2021

    Purdue Ch. 11 Appeals To Be Heard Before Plan Effective Date

    A Manhattan federal judge said Tuesday that she would hear oral arguments in the appeals of Purdue Pharma's Chapter 11 plan on Nov. 30 after adopting a briefing schedule proposed by the debtors and saying that she is committed to an expedited appeal process.

  • October 12, 2021

    Philips Sleep Apnea Device Suits Sent To Pa. Federal Court

    Lawsuits against Koninklijke Philips NV over allegedly defective sleep apnea breathing machines will be consolidated in a Pittsburgh federal court, since most of the recalled machines were built at a factory outside the Pennsylvania city, the Judicial Panel on Multidistrict Litigation has said.

  • October 12, 2021

    Molekule's $1.3M Air Purifier Settlement Gets Initial Nod

    A Delaware federal judge on Tuesday gave his initial approval of a $1.3 million settlement deal between Molekule Inc. and a group of air purifier buyers who alleged the filters failed to live up to marketing promises that they would outperform other air filters or protect against COVID-19.

  • October 08, 2021

    Pfizer Sold Carcinogen-Tainted Chantix, Buyers Claim

    Pfizer has allegedly been peddling "adulterated, misbranded and unapproved" Chantix, a drug designed to help people quit smoking, consumers said in a proposed class action on Friday, specifically claiming that the drug was contaminated with a carcinogen.

  • October 08, 2021

    RJ Reynolds' 'Legacy' Should Be Punished, Fla. Jury Hears

    The family of a man who died a quarter-century ago from throat cancer began a punitive damages trial Friday against R.J. Reynolds, telling a Miami-area jury the company has "new ownership, but it's still the same legacy" as at his death.

  • October 08, 2021

    $200M Verdict Winners Rip New Trial Bid In Fatal Boating Case

    The parents of a young boy killed in a boating accident on a Georgia lake have scoffed at the boat maker's bid for a new trial following a $200 million verdict, saying "the proverbial kitchen sink was not spared" in the defendant company's attempt to avoid paying.

  • October 08, 2021

    EPA Begins Process To Restrict Use Of HFCs

    The Biden administration announced Friday it will begin the process of restricting 11 hydrofluorocarbons, the latest step in moving forward with an ambitious rule to drastically reduce the use of harmful chemicals over 15 years.

  • October 08, 2021

    9th Circ. Affirms Siemens Win In False Ads Appeal

    A Ninth Circuit panel said in a split decision that a lower court was right to grant health care technology company Siemens summary judgment in a false advertising case lodged by diagnostic product manufacturer Quidel Corp., finding that there's no "direct evidence" to sway a reasonable jury.

  • October 08, 2021

    JPML Sends J&J Sunscreen Carcinogen Suits To Florida

    The Judicial Panel on Multidistrict Litigation on Friday approved centralizing in Florida federal court lawsuits accusing Johnson & Johnson of selling sunscreen products tainted with the carcinogen benzene, sending the cases to a judge touted by the pharmaceutical giant over choices some consumers' attorneys pushed.

  • October 08, 2021

    VW, Audi Parent Cos. Tell Texas Justices Claims Rightly Axed

    Volkswagen and Audi said Thursday Texas has overreached by trying to pin additional penalties on the automakers' German parent companies for allegedly rigging thousands of vehicles with emissions-cheating software, telling the Texas Supreme Court that a lower court properly dumped the state's claims on jurisdictional grounds.

  • October 08, 2021

    Calif. Oil Spill Must Prompt New Drilling Review, Group Says

    The Center for Biological Diversity on Friday vowed to sue the Biden administration if it doesn't examine the effects of California offshore oil spills on endangered species and immediately stop issuing new drilling permits, following an underwater pipeline leak that befouled the Southern California coast.

  • October 08, 2021

    New Trial Sought In CR Bard Hernia Mesh Bellwether

    A man who alleges he was injured by faulty hernia mesh made by C.R. Bard Inc. and its subsidiary Davol Inc. is asking for a new trial, saying the company flagrantly disregarded several court orders about the evidence it could introduce, which unfairly prejudiced the jury against him.

  • October 08, 2021

    Allen Matkins Adds Environmental Litigator As Partner

    California firm Allen Matkins Leck Gamble Mallory & Natsis LLP has added a former Latham & Watkins LLP environmental litigator as a partner in the firm's San Diego office.

  • October 08, 2021

    Consumer Product Agency Picks Up Steam Under Biden

    The relatively small Consumer Product Safety Commission is transforming into a more aggressive regulator under President Joe Biden, already taking on Amazon over defective goods and putting exercise equipment makers on notice because of safety concerns. 

  • October 08, 2021

    Green Groups Blast Exxon's 'Tortured' Appeal Of $14M Award

    Environmental groups have told the Fifth Circuit that ExxonMobil Corp. is engaging in a "tortured and unsuccessful attempt" to wriggle itself out of a $14 million verdict for pollution violations at a Texas facility.

Expert Analysis

  • And Now A Word From The Panel: Checking Out Of An MDL

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    It is rare for an individual action to be remanded out of multidistrict litigation back to the court where it was originally heard, but a pending motion by a plaintiff in the Keurig Green Mountain antitrust MDL illustrates how the process works, says Alan Rothman at Sidley.

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • What 9th Circ.'s Tinder Ruling Means For Class Settlements

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    The Ninth Circuit's recent opinion in Kim v. Allison, rejecting a precertification settlement of class claims that Tinder committed age discrimination, offers important insights for class action litigants and counsel on that court's shift toward increasingly stringent scrutiny of such settlements, say attorneys at McGuireWoods.

  • Opinion

    How PFAS Action Act Could Complicate Superfund Cleanups

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    If the PFAS Action Act — recently passed by the U.S. House of Representatives — becomes law, it will likely have sweeping implications for regulated businesses and industries, including prolonging the remediation and redevelopment of Superfund sites affected by releases of per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Online Retailers' Losing Streak Shows Evolving Liability Trend

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    In the two years since the Third Circuit’s ruling in Oberdorf v. Amazon, more courts are holding online retailers liable for products sold on their websites by third parties, signaling a new trend that is likely to continue to pick up speed, say attorneys at Steptoe & Johnson.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

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