Product Liability

  • 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.

  • July 11, 2019

    Southwest, Boeing Duped Public On 737 Max Safety, Suit Says

    Southwest Airlines helped Boeing shore up public confidence in the aircraft maker's defective 737 Max jets to protect a longstanding relationship that prioritized profits ahead of passenger safety, according to a proposed racketeering class action filed in Texas federal court Thursday.

  • July 11, 2019

    Ocean Spray Fails To Decertify Class In ‘Artificial Flavors’ Suit

    The maker of Ocean Spray has failed to decertify a class of customers in a suit accusing it of falsely advertising that its juice-based beverages don’t include artificial flavors, with a California federal judge saying the attempt to invalidate a pricing analysis and consumer survey conducted by the lead plaintiff did not hold up.

  • July 11, 2019

    NJ Attys Duck $205K In Sanctions Over Nasal Spray Action

    A New Jersey state appeals court on Thursday rolled back more than $205,000 in sanctions imposed on two law firms for filing a product liability action against a pharmaceutical company over their client's use of a nasal spray product, finding insufficient evidence the filing was frivolous.

  • July 11, 2019

    Gilead Seeks To Nix Patients' Suit Over HIV Drug Toxicity

    Gilead Sciences Inc. has urged a California federal judge to toss a suit from a group of patients accusing the company of hiding that its HIV drugs are toxic to users' kidneys and bones, saying not only do the case's claims fall short, but the court doesn't have jurisdiction to hear it.

  • July 11, 2019

    Reckitt To Pay $1.4B To End US Opioid Probe

    British pharmaceutical company Reckitt Benckiser said Thursday it will pay U.S. authorities up to $1.4 billion to settle a long-running investigation into sales of a treatment for addiction to opioids by its former prescription drugs business.

  • July 10, 2019

    PG&E Ordered To Respond To Report It Ignored Fire Dangers

    A California federal judge on Wednesday ordered Pacific Gas and Electric to provide a point-by-point response to an article from The Wall Street Journal, which reported the energy company failed to fix power lines that it knew posed fire hazards.

  • July 10, 2019

    Opioid Crisis Not Ex-J&J Subsidiary's Fault, Exec Testifies

    An executive of an opioid ingredient supplier formerly owned by Johnson & Johnson testified Wednesday in Oklahoma's trailblazing trial accusing J&J of causing the opioid crisis, saying the supplier only sold as much raw opioid ingredients as federal regulators allowed it to and that it bore zero responsibility for the crisis.

  • July 10, 2019

    3 State Classes Certified In McCormick Slack-Fill Suit

    A D.C. federal judge on Wednesday granted class certification to three state consumer protection classes with claims against McCormick & Co. Inc., in a multidistrict litigation accusing the company and Wal-Mart Stores Inc. of hiding that they had reduced the amount of pepper sold in grinders and tins.

  • July 10, 2019

    Football Player's Family Slams Helmet Maker's Bid To Nix Suit

    Claims that an allegedly defective Riddell football helmet design caused brain trauma that led a Texas high school football player to kill himself are not too late, his mother argued Tuesday in response to the helmet maker's contention that she waited too long to file suit.

  • July 10, 2019

    New Trial Upheld For J&J After $417M Talc Verdict

    A California appeals court on Tuesday upheld a lower court's decision to grant Johnson & Johnson a new trial after an initial $417 million jury award that was later tossed in a suit alleging that the company’s talcum baby powder caused a woman's fatal ovarian cancer.

Expert Analysis

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • How FDA Is Refreshing Its Recall Readiness Guidance

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    Though the U.S. Food and Drug Administration’s recent draft guidance on voluntary recalls fails to address some complex issues, firms should review it carefully given its broad application to products subject to FDA jurisdiction, say attorneys at Ropes & Gray.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • Lessons From Red Yeast Rice May Inform FDA’s Path For CBD

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    In advance of this Friday's U.S. Food and Drug Administration hearing on cannabis and cannabis-derived compounds, it is worth examining a 2000 Tenth Circuit case involving red yeast rice, and its potential to influence the FDA's regulation of CBD, say attorneys at Eversheds Sutherland.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • Challenges To Trump's '2 For 1' Order Face Difficult Road

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    Shortly after President Donald Trump took office, he issued an executive order directing agencies to eliminate two existing regulations for every new regulation adopted. Multiple lawsuits challenging this order are ongoing, but federal courts are poorly equipped to adjudicate claims that involve an agency’s failure to regulate, says Steven Gordon of Holland & Knight.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • What's Ahead For FDA Regulation Of Dietary Supplements

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    U.S. Food and Drug Administration Acting Commissioner Ned Sharpless recently noted that he intends to move forward with former Commissioner Scott Gottlieb's focus on dietary supplements — a reminder that regulation in this area is in flux, says Liam Montgomery at Williams & Connolly.

  • New Views On Statistical Significance Affect Expert Testimony

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    In light of recent criticism concerning the use of statistical significance in scientific inquiry and expert witness practice, researchers and legal practitioners should recognize statistical significance as just one factor among many that guide the analysis of scientific data and confidence in tested hypotheses, say attorneys at Alston & Bird.

  • Federal Agencies Dig In For Prolonged PFAS Fight

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    The remarkably public fight between the U.S. Department of Defense and the U.S. Environmental Protection Agency and Congress over allowable levels of per- and polyfluoroalkyl substances in groundwater means businesses will likely not see uniform nationwide standards on PFAS anytime soon, say Jeffrey Dintzer and Clynton Namuo at Alston & Bird.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

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