Product Liability

  • July 16, 2019

    Pa. Atty Appointed To Oversee Handling Of NFL Fraud Probe

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Monday appointed a Philadelphia-based criminal defense attorney to serve as a new special master to protect the rights of participants in an investigation launched in December into potential fraudulent settlement claims.

  • July 16, 2019

    Philip Morris Wants Court To Overturn $7M Smoker's Verdict

    Tobacco giant Philip Morris asked a Florida appeals court Tuesday to overturn a $7.1 million jury award to the widower of a smoker, arguing that the trial court should not have let his fraud claims proceed.

  • July 16, 2019

    7 Automakers Sued Over Alleged Air Bag Defect In 12M Cars

    Seven automakers, including Kia and Hyundai, and an air bag systems supplier knew for years about a defect in the air bag deployment systems of more than 12 million cars but failed to warn customers of the danger, a group of car owners allege in a California federal lawsuit.

  • July 16, 2019

    Judge OKs Release Of National Opioid Sales Data

    The Ohio federal judge overseeing multidistrict litigation over the opioid crisis said that national data on opioid sales before December 2012 should be publicly available.

  • July 16, 2019

    Pharmacy Benefit Cos. Improved Opioid Policies, Judge Says

    The nation’s biggest pharmacy benefit management companies have voluntarily implemented policies to help clamp down on painkiller prescriptions, according to an Ohio federal judge overseeing multidistrict litigation over the opioid addiction epidemic.

  • July 16, 2019

    Former Insys Execs Want Sentencing Delayed Until 2020

    A group of former Insys Therapeutics Inc. executives convicted of bribing doctors to prescribe a powerful opioid have asked a federal judge to delay sentencing them until January, since she delayed sentencing two others who pled guilty and are still cooperating with the government.

  • July 16, 2019

    Friendly's Vanilla Ice Cream Not Vanilla Enough, Suit Says

    An irate ice cream lover from New York has hit Friendly’s with a putative class action, claiming the ice cream maker misleads consumers by spiking its vanilla ice cream with artificial flavors and inaccurately labeling them as “natural flavors.”

  • July 15, 2019

    J&J Can't Quit Deception Playbook, Okla. Says In Closings

    The state of Oklahoma said Monday in closing arguments for a landmark trial that pharma giant Johnson & Johnson carried out a "calculated plan" to deceive the medical community and the public about the safety of opioids, and then followed the same strategy of withholding information right through the seven-week trial.

  • July 15, 2019

    Reckitt Hit With Stock Drop Suit Over $1.4B Opioid Probe Deal

    British pharmaceutical company Reckitt Benckiser Group PLC was hit with a stock drop suit Monday in New Jersey federal court, shortly after announcing it will pay U.S. authorities up to $1.4 billion to settle an investigation into an opioid addiction medication.

  • July 15, 2019

    J&J Hid Painful Mesh Problems, Calif. Says At Trial's Start

    Johnson & Johnson subsidiary Ethicon hid the possible painful, lifelong complications of using its surgical mesh devices from the day they were launched, California said during opening statements in the first trial on a state attorney general’s claims that J&J falsely marketed its mesh.

  • July 15, 2019

    4 Mesothelioma Patients Tell NJ Jury J&J Gave Them Cancer

    An attorney for four people with mesothelioma told a New Jersey jury during opening statements Monday that asbestos concealed in Johnson & Johnson talcum powder products caused his clients' cancers, while the company's counsel countered that none of the quartet show the hallmarks of asbestos exposure.

  • July 15, 2019

    Conflicts Muddle Direction Of Chancery Blue Bell Suit

    A Chancery Court battle over control of derivative claims against Blue Bell Creameries’ general partner after a deadly ice cream contamination episode in 2015 has raised a potentially new question about Delaware law rights to appoint litigation probe stand-ins for conflicted general partners in damage suits, a vice chancellor indicated Monday.

  • July 15, 2019

    J&J Slams 'Gross Mischaracterization' Of Talc Ruling

    Consumers alleging Johnson & Johnson’s talcum powder causes cancer have “grossly” mischaracterized a California state appellate court’s finding in one woman’s case by stating that the court overturned a ruling on general causation, the pharmaceutical giant fumed Monday in a filing in the ongoing multidistrict litigation.

  • July 15, 2019

    $80M Roundup Verdict Slashed To $25M By Calif. Judge

    A California federal judge on Monday reduced an $80 million verdict against Monsanto to $25 million, calling the company's failure to warn about the dangers of its Roundup weedkiller "reprehensible" but finding the punitive damages awarded to a man who claims Roundup caused his cancer unreasonably high.

  • July 15, 2019

    DOT Must Redo Railroad Hazmat Plan Rule, DC Circ. Told

    A new U.S. Department of Transportation rule ensuring railroads are prepared to handle oil spills and other accidents involving trains carrying hazardous materials must be retooled to safeguard railroads' confidential information, Union Pacific told the D.C. Circuit on Monday.

  • 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.

Expert Analysis

  • 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.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The 'Newly Acquired Information' Shift In Pharma Litigation

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    Before 2015, most failure-to-warn cases against pharmaceutical companies generally hinged on the adequacy of warnings given to prescribing physicians. But a survey of recent cases reveals that many now turn on whether there is “newly acquired information” permitting the manufacturer to change its labeling, says Richard Dean of Tucker Ellis.

  • Class Action Takeaways From 9th Circ.'s New Hyundai Ruling

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    The Ninth Circuit's latest opinion in the Hyundai and Kia Fuel Economy Litigation addresses how class action settlements should be evaluated. But the importance of the decision goes beyond what it means for class settlements — it reaffirms core principles of litigated motions for class certification, says William Stern of Covington.

  • Why Bellwethers Matter In The Opioid MDL

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    The prescription opioid multidistrict litigation pending before U.S. District Judge Dan Polster in Ohio demonstrates both how hard selecting bellwethers is, and why they must be selected so carefully, say Sarah Angelino and Stephen Copenhaver of Schiff Hardin.

  • Perspectives

    Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • What We Learned From FDA's Public Hearing On Cannabis

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    The U.S. Food and Drug Administration did not provide a strategy for regulation at last week's public hearing on cannabis and cannabis-derived compounds. But panelists' questions revealed the agency’s concerns over the use of CBD in food and the lack of agreement on common terms, say attorneys at Sheppard Mullin.

  • Despite Amarin, ITC May Be Right Prescription For Pharma

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    While the Federal Circuit recently concluded that Amarin Pharma’s Lanham Act claims at the U.S. International Trade Commission were precluded by the Federal Food, Drug and Cosmetic Act, this is a narrow exception to the ITC's broad jurisdiction, say Kecia Reynolds and Alton Hare of Pillsbury.

  • How France's Consumer Protection Agency Is Targeting Cos.

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    France's market oversight authority recently reported that it carried out over half a million enforcement actions last year. Companies doing business in France must be aware of the agency's current priorities, particularly concerning internet sales and payment terms, says Sylvie Gallage-Alwis of Signature Litigation.

  • Dehumidifier Case Offers Guidance On CPSA Compliance

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    In a first-of-its-kind criminal prosecution under the Consumer Product Safety Act, the U.S. Department of Justice recently charged corporate executives for failure to report defective dehumidifiers to regulators. The possibility of criminal charges should ratchet up executives' vigilance regarding CPSA reporting requirements, say Holly Drumheller Butler and Dwight Stone of Miles & Stockbridge.

  • Aviation Watch: To Ground Or Not To Ground

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    Given the significant business and travel disruptions caused by the Federal Aviation Administration's order grounding the Boeing 737 MAX, a review of previous airline accidents that led to calls for grounding orders provides useful context, says Alan Hoffman, a retired attorney and private pilot.

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