Product Liability

  • September 16, 2022

    Vanda Pharma Investors' $11.5M Deal Gets Judge's Initial OK

    A Brooklyn federal judge has given an initial nod to the proposed $11.5 million settlement of investors' claims that Vanda Pharmaceuticals Inc. hid from the public that it was illegally marketing its drugs for off-label use.

  • September 16, 2022

    Pot Testing Lab Sues Over Missing And Damaged Equipment

    A cannabis testing lab has filed suit against equipment supplier GenTech Scientific after hundreds of thousands of dollars' worth of goods either arrived damaged or were never delivered, telling a California federal court that the manufacturer refused to make the lab whole.

  • September 16, 2022

    MVP: Kirkland's Jennifer Levy And Donna Welch

    Donna Welch and Jennifer Levy, partners at Kirkland & Ellis LLP, represented opioid manufacturer Allergan PLC in the first opioid trial that culminated in a win for drugmakers in November in California state court, securing them a place on Law360's 2022 Product Liability MVPs.

  • September 16, 2022

    Juice Company, CEO Indicted Over Arsenic-Tainted Drinks

    A defunct juice company and its chief executive were indicted Thursday on charges that they sold juice concentrate laden with unsafe contaminants to customers using it to make juice for school lunches, and falsified documents to cover it up.

  • September 15, 2022

    Sterigenics Tells Ill. Jury That Emissions Science On Its Side

    Industrial sterilization company Sterigenics urged an Illinois state jury to "follow the science" on Thursday and reject a woman's request for $346 million over claims that its now-closed Willowbrook plant dangerously polluted the community with ethylene oxide for decades, asserting her evidence doesn't support her claim.

  • September 15, 2022

    Calif. Justice Skeptical Of Prop 65 Coffee Suit Revival Bid

    A California appellate justice appeared skeptical of a nonprofit's effort to revive decade-old litigation accusing Starbucks, Dunkin' and others of violating Proposition 65 by failing to warn consumers coffee contains the carcinogen acrylamide, saying repeatedly she disagrees with its arguments and "I think we're getting into deceased equine abuse here."

  • September 15, 2022

    2nd Circ. Upholds OneBeacon Asbestos Reinsurance Ruling

    OneBeacon Insurance Co. must contribute its share of a $35 million settlement paid by excess insurer Fireman's Fund Insurance Co. to release itself from an insolvent mining company's asbestos exposure liability, the Second Circuit affirmed Thursday, finding that the below-limits settlement nonetheless triggered OneBeacon's reinsurance obligations.

  • September 15, 2022

    CPSC Settles Product Defect Dispute With $6M Civil Penalty

    The U.S. Consumer Product Safety Commission said Thursday that a bathroom hardware supplier had agreed to pay a $6 million penalty, announcing a settlement over charges that Clawfoot Supply LLC didn't immediately report a shower seat had a defect that posed an unreasonable risk of serious injury.

  • September 15, 2022

    Kellogg Defeats False Ad Suit Over Veggie Morningstar Foods

    Kellogg defeated, for good, a proposed class action alleging its Morningstar Farms products trick consumers into believing they're made exclusively or mostly with vegetables, after a California federal judge said Wednesday the term "veggie" on the label is, at most, ambiguous and could refer to meat substitutes.

  • September 15, 2022

    Sanitizer Co. 4E Brands' Ch. 11 Plan Draws Creditor Objection

    Unsecured creditors of hand sanitizer distributor 4E Brands Northamerica LLC objected Thursday to the company's proposed Chapter 11 plan, telling a Texas bankruptcy court the plan would give up potentially valuable claims against the debtor's parent company without sufficient consideration in return.

  • September 15, 2022

    BP Pays $2.75M To End Oil Refinery Emissions Suit

    A BP PLC unit has agreed to pay $2.75 million to end a case in which it was found liable for repeated emissions violations at a Chicago-area oil refinery, court records filed Thursday show.

  • September 15, 2022

    Flex-Fuel Fraud Suit 'Runs Back A Failed Script,' GM Says

    General Motors LLC fought back against a proposed class action in Illinois federal court over its flex-fuel vehicles Wednesday, saying the suit is an attempt to rehash nearly identical claims that failed in Michigan two years ago.

  • September 15, 2022

    Tesla Buyers Say Elon Musk Overhyped 'Self-Driving' Tech

    A California Tesla owner is suing Tesla Inc. in a proposed class action in federal court, saying the company's CEO Elon Musk has been promising full self-driving "in a year" since 2016, but is still not "remotely close" to reaching that goal.

  • September 14, 2022

    'Super Creatine' Gives VPX Super Marketing Edge, Prof Says

    A marketing expert hired by Monster Energy Co. told a California federal jury Wednesday considering false advertising claims against Vital Pharmaceuticals Inc. that the marketing of Bang energy drink's "super creatine" is a key differentiator for the beverage and makes other drinks "less desirable" to some consumers.

  • September 14, 2022

    Recycling Centers' Limits Not 7-Eleven's Fault, Ill. Judge Says

    Half of the products 7-Eleven has been accused of falsely marketing as recyclable can actually be recycled, even if most centers in the country are not equipped to do so, an Illinois federal judge said as he sliced away part of a proposed class action.

  • September 14, 2022

    Holmes' New Trial Bid Is 'Mt. Everest' Uphill Fight, Attys Say

    Convicted former Theranos CEO Elizabeth Holmes faces a "Mount Everest-type" uphill battle for a new criminal fraud trial, white collar experts tell Law360, but recent revelations that a key government witness regrets his testimony may open the door for a post-trial evidentiary hearing and an appeal that could delay her prison sentence.

  • September 14, 2022

    Apple Hit With £853M UK Class Action Over IPhone Issues

    Consumer advocate Justin Gutmann is seeking to bring collective proceedings against Apple on behalf of iPhone owners who say their devices were affected by battery slowdowns, according to a notice released Wednesday by the U.K.'s Competition Appeal Tribunal. 

  • September 14, 2022

    Judge Backs Most Of GMO Labeling Rule, Bans QR Codes

    A California federal judge on Wednesday shot down the majority of claims challenging a Trump-era organic food labeling rule, but sided with food advocacy groups in ruling electronic quick response codes aren't adequate methods of informing shoppers that food was bioengineered.

  • September 14, 2022

    Faulty Food Engendered Mass Mice Euthanasia, NC Lab Says

    A North Carolina hospital has accused a major research company of sending a faulty batch of mouse food lacking necessary nutrients for the animals' survival, resulting in the deaths of several dozen test subjects and forcing researchers to flush months worth of data down the drain.

  • September 14, 2022

    US Trustee Says Endo Can't Justify $71M In Bonus Pay

    The U.S. Trustee's Office is asking a New York bankruptcy judge to reject Endo Pharmaceuticals' request to make bonus payments to its employees, saying the opioid maker has failed to justify the more than $71 million in payments.

  • September 14, 2022

    Boeing Crash Victim's Rep Wants OK For Settlement

    The representative of a man killed in the Ethiopian Airlines 737 Max crash is seeking a judge's approval to settle claims that the Boeing aircraft was defective and negligently designed or built.

  • September 14, 2022

    11th Circ. Backs Bike Cos. In Suit Over Motorcycle Crash

    The Eleventh Circuit on Wednesday let a group of motorcycle product companies keep a win in a suit alleging that they sold a faulty helmet that fell off a woman's head when she was in a collision, saying the trial court was right in finding her expert's methods were unreliable.

  • September 14, 2022

    Walmart Settles W.Va. Opioid Case As Latest Trial Looms

    The West Virginia attorney general and Walmart have reached a deal to end claims that the retail giant's improper dispensing of prescription opioids fed the addiction epidemic in the state, less than two weeks before a trial is set to start against other pharmacy chains, according to a Wednesday filing.

  • September 14, 2022

    Fiat Chrysler Can't Nix Class Midtrial In Gearshift MDL

    A Michigan federal judge has denied a bid from Fiat Chrysler Automobiles' U.S. arm to decertify a class of car buyers in the middle of a common issues trial in multidistrict litigation over an allegedly defective gearshift, saying class counsel's comments during the final pretrial conference aren't grounds to upend the proceedings.

  • September 14, 2022

    Bankrupt 3M Unit Gets OK To Continue Earplug Appeals

    The Indiana bankruptcy judge overseeing 3M unit Aearo Technologies' Chapter 11 case Wednesday allowed appeals and post-trial motions to go forward for Florida trials of claims that Aearo's earplugs cause hearing loss.

Expert Analysis

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.

  • Medical Providers Must Brace For More DOJ Opioid Probes

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    Though the U.S. Supreme Court’s recent ruling in Ruan v. U.S. raises the standard for proving criminal intent in opioid prescription cases, the U.S. Department of Justice’s recently launched regional strike force means medical professionals should still expect enhanced scrutiny and a continued increase in investigations, says Marissa Kingman at Fox Rothschild.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

  • Food, Drug, Cosmetic Cos. Should Expect More Additive Suits

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    There is a continuing trend of lawsuits centered on additives and inactive ingredients that are federally approved but alleged to have harmful health effects — and manufacturers and distributors of food, pharmaceuticals and cosmetics will likely see such claims increase, even if plaintiffs have trouble establishing class standing, says Connor Sears at Shook Hardy.

  • Law Of The Case Is More Nuanced Than You May Think

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    The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

  • Engage Associates At Orientation With Thoughtful Activities

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    The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

  • Opinion

    Ill-Conceived Del. Climate Litigation Should Be Dismissed

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    Courts should reject climate lawsuits brought by cities and states — like Delaware v. BP America Inc., recently remanded to state court by the Third Circuit — given the global nature of climate change, the dangers of judges crafting environmental policy and the potential damage to local economies, says J.W. Verret at George Mason University.

  • Evidence Rule Changes Help Judges Police Expert Testimony

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    New amendments to Federal Rule of Evidence 702, concerning admissibility of expert witness testimony, make it clear that it is the judge's role — not the jury's — to keep faulty science out of the courtroom, say Michael Leard and Sara Lonks Wong at Nutter.

  • The Cruciality Of Building Client Intimacy Ahead Of Recession

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    Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

  • How To Win Over Bench Trial Judges Post-COVID

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    As courts face an unprecedented backlog of cases in the wake of the pandemic and are increasingly sensitive to the inefficient use of time, especially in a bench trial setting, advocates should sharpen their rhetorical and strategic tools by thinking big-picture, say Jim Hurst and Jon David Kelley at Kirkland.

  • A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

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    The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

  • Opinion

    Overly Broad PFAS Regs Bring Costs For Companies

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    The U.S. Environmental Protection Agency's sweeping new regulations on per- and polyfluoroalkyl substances — with some contaminant levels set below currently detectable levels — will be expensive and disruptive for businesses to comply with, say attorneys at DLA Piper.

  • DOJ Filing Reawakens Fraud-On-The-FDA Theory Of Liability

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    The U.S. Department of Justice’s recent statement of interest in U.S. ex rel. Crocano v. Trividia Health before a Florida federal court represents a substantial attempt to revive a False Claims Act liability theory involving misstatements to the U.S. Food and Drug Administration, potentially leading to increased scrutiny of medical products, say attorneys at Duane Morris.

  • What EPA Enviro Justice Guidance Means For Chemical Cos.

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    Recent guidance from the U.S. Environmental Protection Agency makes it clear that environmental justice has become an increasing priority for the Biden administration — and signals to the chemical sector that EJ will be a critical component to EPA decision making going forward, say attorneys at Hunton.

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