Product Liability

  • September 09, 2022

    DLA Piper Adds FDA Adviser To Partner Ranks

    DLA Piper has added a top U.S. Food and Drug Administration policy adviser to its Washington, D.C., office, as the firm expands its regulatory and government affairs team.

  • September 09, 2022

    Medtronic Investors Sue Over Insulin Pump Recall, FDA Letter

    Medtronic was hit with a proposed class action Thursday by a group of pension funds alleging the medical device manufacturer hid that its insulin pumps were defective, causing its stock to tank when the U.S. Food and Drug Administration issued a warning letter.

  • September 09, 2022

    Apple, Insurers Attack Expert Testimony In Condo Fire Suit

    Apple and a group of insurers traded barbs in Maryland federal court over the methodologies the parties' proposed experts used to determine whether a MacBook Pro sparked a condominium fire, the reliability of the laptop owner's eyewitness testimony, and the extent of the damages should Apple be found liable.

  • September 09, 2022

    Amplify Pays $18M To End Criminal Cases Over Pipeline Spill

    Amplify Energy Corp. will pay $4.9 million in fines and penalties as part of a plea agreement with California over a 2021 offshore oil pipeline leak, a deal struck shortly after the company agreed to pay $13 million to end a federal criminal case.

  • September 09, 2022

    USAA Sues Water Filter Makers Over Homeowner Damage

    USAA Casualty sued two makers of water filter components in Arizona federal court over a defective product that USAA alleges caused $344,000 in damages to a home.

  • September 09, 2022

    Georgia Widow Drops Roundup Case Against Monsanto

    A Georgia widow has asked a federal court to dismiss without prejudice her wrongful death and product liability case against Monsanto Co., indicating she intends to pursue her claims over Roundup weedkiller in a Georgia state trial court.

  • September 09, 2022

    Faegre Drinker Product Liability Team Joins Venable

    Venable LLP is expanding its product liability and mass torts team by adding three Faegre Drinker Biddle & Reath LLP litigators in Los Angles and Chicago.  

  • September 08, 2022

    Holmes' 3rd New Trial Bid Targets Missing Database Emails

    Convicted former Theranos CEO Elizabeth Holmes filed a third request for a new trial late Wednesday, this time arguing that prosecutors unveiled new evidence during co-defendant Ramesh "Sunny" Balwani's criminal trial regarding their efforts to preserve a missing Theranos database and that the new information is grounds for a new trial.

  • September 08, 2022

    Judge Spoils Suit Over Pudding's 'Real Milk' Label, For Now

    An Illinois federal judge on Thursday threw out a proposed class action against Conagra Brands Inc. over its Snack Pack pudding made with "real milk," ruling it was a stretch to argue Conagra's use of skim milk deceived consumers. 

  • September 08, 2022

    Line 5 Pipeline Can Stay Open For Now, Despite Tribe's Wins

    A Wisconsin federal judge has handed quick wins to a Chippewa tribe on several claims in its challenge to Enbridge Energy Co.'s Line 5 pipeline, but declined to immediately shut down the pipeline because of what the judge called the "significant public and foreign policy implications" of such a move.

  • September 08, 2022

    3M Unit Says Mediators Should Tackle Ch. 11 Issues

    3M unit Aearo Technologies asked an Indiana bankruptcy judge on Thursday to let a pair of mediators appointed to take part in talks over mass-tort product liability claims against the company look at all aspects of the company's Chapter 11 case.

  • September 08, 2022

    3rd Circ. Won't Revive Off-Label Suit Over Teva Heart Drug

    The Third Circuit has declined to revive two cases against Teva Pharmaceuticals USA Inc. alleging the company failed to warn patients about side effects associated with the off-label use of heart drug Amiodarone, finding the patients didn't plausibly allege how the drugmaker broke Delaware state law.

  • September 08, 2022

    Largest NH Fish Hatchery Settles Water Pollution Case

    The state of New Hampshire has reached a settlement with the federal government to reduce phosphorus discharges in the state's largest fish hatchery after being sued by an environmental group for alleged Clean Water Act violations.

  • September 08, 2022

    Feds Can't Appeal Immunity Ruling In Flint Water Suit

    The U.S. Environmental Protection Agency can't appeal an order denying its bid to dismiss claims that its negligence worsened the Flint water crisis, after a Michigan federal judge ruled that the legal questions are not as discrete and clean as the government suggests.

  • September 08, 2022

    Kashi Must Face Suit Over Pears In Strawberry Cereal Bars

    An Illinois federal judge on Thursday trimmed multiple claims in a proposed consumer class suit alleging Kashi made misrepresentations on the packaging of its strawberry breakfast bars, but allowed consumer fraud and unjust enrichment allegations to move forward.

  • September 08, 2022

    Bowman And Brooke Partner Discusses Expansion In Austin

    After adding six attorneys and four other legal professionals in the past year, the leader of Bowman and Brooke LLP's Austin office is crediting the expansion to a deep pool of legal talent in the Lone Star State and a post-pandemic demand for litigators.

  • September 08, 2022

    Cherokee Opioids Suit Can't Go To Okla. Court, 10th Circ. Told

    Three national pharmacy chains want the Tenth Circuit to keep in federal court a lawsuit brought by the Cherokee Nation, which accuses the chains of exacerbating opioid addiction on its reservation, claiming the Oklahoma tribe seeks to "rewrite federal law" by returning the case to state court.

  • September 08, 2022

    Juul Wants 14 Plaintiffs Permanently Trimmed From MDL

    Juul has asked a Northern District of California court to permanently dismiss certain plaintiffs from multidistrict litgation involving its electronic cigarette marketing for failing to file required documentation.

  • September 07, 2022

    Elizabeth Holmes Files 2nd New Trial Bid, Citing Balwani Trial

    Convicted former Theranos CEO Elizabeth Holmes filed a second request for a new criminal fraud trial Wednesday, arguing that prosecutors dramatically shifted their take on her relationship with her convicted co-conspirator Ramesh "Sunny" Balwani during his recent trial, and the government's "new narrative" warrants a trial do-over for Holmes.

  • September 07, 2022

    Auto Parts Co. Fights $21M Damages Bid In Fatal Defect Case

    An auto parts maker on the hook for $113.5 million in a Georgia widow's product liability and wrongful death case told an Atlanta federal judge Wednesday that the woman's request for an additional $21 million in damages, attorney fees and litigation costs is unsupported by evidence required under state law.

  • September 07, 2022

    Wash. Appeals Court Revives Berry Farms Syngenta Suit

    The Federal Insecticide, Fungicide and Rodenticide Act doesn't preempt claims from five Washington state raspberry farms that their crops were damaged by a Syngenta-manufactured herbicide, a state appeals court ruled Tuesday.

  • September 07, 2022

    CVS, Walgreens, Walmart Will Fight $650M Ohio Opioid Order

    Three major pharmacy chains plan to challenge a federal judge's order to pay more than $650 million toward a plan to abate the opioid epidemic in two Northeast Ohio counties, according to notices of appeal filed Wednesday.

  • September 07, 2022

    Burt's Bees Baby Formula Buyers Say Maker Overstates Yield

    Burt's Bees baby formula buyers filed a proposed class action in California federal court alleging the product's maker Perrigo Co. falsely advertises its organic infant formula by overstating the number of bottles a can of the powdered product can produce when mixed with water.

  • September 07, 2022

    Home Depot, EBay Hit With Suit Over Customer's Foot Burns

    An Ohio woman and her husband have launched a lawsuit alleging a foot treatment and pressure washing fluid sold by eBay Inc. and The Home Depot Inc., respectively, caused severe burns to her feet, resulting in hundreds of thousands of dollars in medical bills.

  • September 07, 2022

    3rd Circ. Tosses ERISA Fight By Former J&J Workers

    The Third Circuit on Wednesday backed dismissal of a proposed class action filed by former Johnson & Johnson employees who claim the company hurt their retirement savings by concealing the presence of asbestos in its baby powder, saying workers hadn't met the demanding pleading standard for their claims.

Expert Analysis

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • 4 Witness Presentation Lessons From The Depp-Heard Trial

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    Attorneys in the Johnny Depp-Amber Heard defamation trial used traditional tactics when presenting their star witnesses, but the outcome in this case shows how such strategies can sometimes make testimony appear disingenuous and lead to negative results, say attorneys at Winston & Strawn.

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • Cos. Should Engage With EPA On PVC Hazard Designation

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    A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

  • And Now A Word From The Panel: MDL Time?

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    Whether the Judicial Panel on Multidistrict Litigation creates a multidistrict proceeding to handle class actions against a timekeeping and payroll software provider that experienced a cyberattack can provide interesting insight into the panel's process for determining when time is ripe for a new MDL, says Alan Rothman at Sidley.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • How The FTC Is Imposing Monetary Remedies Post-AMG

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    Even though last year, in AMG v. Federal Trade Commission, the U.S. Supreme Court ruled against a key FTC authority to collect monetary remedies, many consumer protection cases since then have imposed such remedies, and firms now have less guidance on the authority and form monetary demands may take, says Andrew Stivers at NERA Economic Consulting.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Product Liability Vs. Consumer Fraud: What's The Difference?

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    There is a strong incentive to recast product liability claims as unfair trade or consumer fraud violations to capture enhanced damages, but a review of recent cases in Connecticut and New Jersey highlights pertinent distinctions between these types of claims that may be helpful in defending similar lawsuits, says Timothy Freeman at Tanenbaum Keale.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • High Court's New EPA Ruling And Its Long-Term Implications

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    The U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

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