Product Liability

  • September 30, 2021

    'What's The Evidence?' Calif. Judge Asks After Big Opioid Trial

    After seven years of litigation and four months of trial, a California judge pressed local governments Thursday for concrete evidence that opioid marketing by major drugmakers was accompanied by a surge of improper prescribing, potentially signaling trouble for the $50 billion case.

  • September 30, 2021

    Curaleaf Hit With Suits Over Allegedly THC-Laden CBD

    National cannabis company Curaleaf Inc. has been hit with two suits in Oregon federal court by individuals who claim the cannabidiol drops they bought from the company did not carry a warning label about the high levels of tetrahydrocannabinol that were in the product.

  • September 30, 2021

    Coke Wants To Throw Away '100% Recyclable' Dasani Suits

    Coca-Cola Co. has urged a California federal judge to throw out two lawsuits accusing it and other beverage companies of deceiving consumers by falsely marketing Dasani water bottles as "100% Recyclable," arguing those behind the lawsuits cannot sue since they never claimed they were harmed by the labels.

  • September 30, 2021

    Trucker Gets $3M In Suit Over Defective Tire Treads

    A Pennsylvania jury has unanimously awarded a truck driver $3 million in a suit alleging the tires on his vehicle, made by Kumho Tire USA Inc., were defective, causing his vehicle to flip while driving at highway speeds.

  • September 30, 2021

    Cherokee Want Pharmacies In State Court After Opioid Deal

    The Cherokee Nation asked an Oklahoma federal judge to remand opioid-related claims against pharmacy companies, including CVS and Walgreens, to state court, arguing there is no longer federal jurisdiction after settling with McKesson, AmerisourceBergen and Cardinal Health earlier this week.

  • September 30, 2021

    J&J Sunscreen Carcinogen Suits Doubtful For MDL In NJ

    The Judicial Panel on Multidistrict Litigation on Thursday cited New Jersey's "crushing case load" in challenging whether it was the right place to centralize lawsuits accusing Johnson & Johnson of selling sunscreen products tainted with the carcinogen benzene, a point underscored by some attorneys pushing to send the cases to California or Florida.

  • September 30, 2021

    2nd Circ. Revives Medtronic Mesh Implant Suit In NY

    The Second Circuit on Thursday revived a man's suit alleging that he was injured by faulty surgical mesh made by Medtronic Inc., saying that one of the defendants did not consent to the case's removal to federal court on time, so it should be sent back to the state level.

  • September 30, 2021

    Mass., West Pa. Cited As Viable Homes For Philips CPAP MDL

    All the plaintiffs and defendants appeared to agree Thursday that consolidation was necessary for more than a hundred lawsuits filed against Koninklijke Philips NV over a recall of its sleep apnea breathing machines, but plaintiffs' attorneys proposed at least eight different federal district courts that could host them.

  • September 30, 2021

    Aldrich Pump $545M Asbestos Deal Draws Claimant Criticism

    The committee of existing asbestos injury claimants in the Chapter 11 case of Aldrich Pump said Thursday it hasn't had sufficient time to review a proposal to settle asbestos claims in the company's bankruptcy for $545 million because it only received the terms of the deal late last week.

  • September 29, 2021

    Celgene Ended Theranos Deal Early Over Bad Data, Jury Told

    A former Celgene senior scientist testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that the pharmaceutical company cut short its deal with Theranos to help it in clinical trial testing after a Celgene study revealed wide variations between Theranos' blood tests and competitors' results.

  • September 29, 2021

    7 Key Details As Pharmacy Giants Head To 1st Opioid Trial

    After years of bobbing and weaving, pharmacy titans CVS, Walgreens and Walmart are poised to go toe-to-toe with heavyweight plaintiffs lawyers in the first opioid trial targeting the pharmacy sector. Here, Law360 looks at the showdown's lead lawyers, biggest uncertainties and intensely acrimonious atmosphere.

  • September 29, 2021

    Bills To Cut Drug Prices, Fight Counterfeits Sent To Full House

    A slew of bipartisan legislation cleared a major hurdle Wednesday as the House Judiciary Committee voted to advance bills to lower prescription drug prices and tamp down on counterfeit goods sold online.

  • September 29, 2021

    Judge Orders Mallinckrodt Trial On Acthar Antitrust Claims

    A Delaware bankruptcy judge on Wednesday rejected drugmaker Mallinckrodt PLC's bid to block insurer demands for full post-petition, administrative priority payment of monopoly-inflated costs for a drug used to treat infantile spasms, saying the dispute must be decided by trial.

  • September 29, 2021

    Chemical Storage Co. Blames Bearings Maker For Texas Fire

    Petrochemical storage company Intercontinental Terminals Co. says in a new lawsuit a Japanese bearings company provided it with a faulty tank component that caused a devastating fire and explosion in 2019.

  • September 29, 2021

    Vein Filter Victim Calls On Pa. Justices For Tort Law Shake-Up

    As part of a bid before the Pennsylvania Supreme Court to allow C.R. Bard Inc. to be held liable for injuries from an allegedly defective vein filter, a Pennsylvania woman has taken aim at a quarter-century-old precedent shielding prescription drug manufacturers from strict liability claims over their products.

  • September 29, 2021

    Wilson Sonsini Nabs Trial Vet From Akin Gump in LA

    In another move to boost its commercial litigation practices, Wilson Sonsini Goodrich & Rosati PC snagged a first-chair trial partner from Akin Gump Strauss Hauer & Feld LLP in Los Angeles.

  • September 29, 2021

    Missourians Say Northrop Downplayed Toxic Water Pollution

    A proposed class of Missouri residents accused Northrop Grumman on Wednesday of knowing their drinking water was contaminated with highly toxic chemicals but hiding the extent of the problem from residents for at least a decade, tanking property values and putting their health at risk.

  • September 29, 2021

    Ex-Insys Sales Rep Admits Guilt On Day 4 Of Kickbacks Trial

    A former Insys Therapeutics Inc. sales representative pled guilty during a trial on allegations she paid an Ohio doctor kickbacks to prescribe the fentanyl spray Subsys and helped him secure $1.7 million in fraudulent reimbursements from Medicare and Medicaid, prosecutors announced Wednesday.

  • September 29, 2021

    Truck Co. Navistar Must Face Suit Over EPA Standards Claims

    A Pennsylvania logistics company can continue with its claims that truck manufacturer Navistar misled it about the environmental compliance of its engines, after a federal judge said Navistar's duties went beyond its contractual obligations.

  • September 28, 2021

    Holmes Texts Show Investor Cash Poured In As Lab Struggled

    A California federal jury deciding ex-Theranos CEO Elizabeth Holmes' criminal fraud trial saw text messages Tuesday between Holmes and her onetime romantic partner Ramesh "Sunny" Balwani revealing the pair raised over $250 million from prominent investors, including News Corp. founder Rupert Murdoch, days after Theranos' lab director quit over compliance concerns.

  • September 28, 2021

    Texas Justices Mull Overlap In Jurisdictional, Merits Discovery

    The Texas Supreme Court was told during oral arguments Tuesday that a Texas company's jurisdictional discovery requests in a lawsuit trying to hold a Canadian company responsible for allegedly defective plumbing pipe should be allowed, even if the inquiries somewhat overlap with the merits of the case.

  • September 28, 2021

    Public Health Groups Urge FDA To Speed Up E-Cig Reviews

    Seven leading public health, medical and parenting organizations have urged the U.S. Food and Drug Administration to speed up its review of any remaining marketing applications for e-cigarettes and deny them for all flavored e-cigarettes, citing concern over the products' public health impact and appeal to young users.

  • September 28, 2021

    DC Circ. Hears DEA Should Not Oversee Hemp Manufacturing

    Hemp industry advocates told the D.C. Circuit Tuesday the federal 2018 Farm Bill should have barred the U.S. Drug Enforcement Administration from taking action against manufacturers and processors involved in creating legal hemp products.

  • September 28, 2021

    J&J Wins Multiplaintiff Mo. Talc Trial After High Court Setback

    A Missouri state jury on Monday rejected claims that Johnson & Johnson's flagship talcum powder caused the ovarian cancer in three women, the state's first multiplaintiff talc verdict since the U.S. Supreme Court passed on the company's challenge to such trials.

  • September 28, 2021

    Counties' VW Tampering Claims Not Barred, Feds Tell Justices

    The federal government told the U.S. Supreme Court that the Clean Air Act does not bar two counties from pursuing claims that Volkswagen owes them additional penalties for flouting local anti-tampering laws in connection with its 2015 "clean diesel" emissions-cheating scandal.

Expert Analysis

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • A Look At Tribal Involvement In Juul Litigation

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    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • FDA Q2 Warning Letters Show Agency Enforcement Priorities

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    A review of the U.S. Food and Drug Administration's warning letter activity from the second quarter of this year indicates that companies marketing products in three particular areas must remain especially vigilant if they wish to avoid federal enforcement actions, says Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • What To Watch As EU Clinical Trial Compliance Changes

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    It is important for companies to consider clinical trials reporting requirements not just in the U.S., but also in the EU, which next year will impose an obligation on trials sponsors to publish amplified trial results in an EU database, say attorneys at Cooley.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Opinion

    Amend Rule 702 To Clarify Expert Witness Standards

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    Courts have taken widely different approaches to the U.S. Supreme Court’s Daubert decision on expert testimony admissibility, often misinterpreting the underlying standards set forth by Federal Rule of Evidence 702, but a proposed amendment will dispel misunderstandings and clarify the judicial gatekeeping role, says Alex Dahl at defense-side group Lawyers for Civil Justice.

  • How Dutch Shell Carbon Emissions Ruling May Affect US Cos.

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    Although a Netherlands court's recent ruling that Royal Dutch Shell's greenhouse gas reduction plans failed to meet human rights obligations is unlikely to gain traction in U.S. courts, stateside companies may still face increased litigation risk, say attorneys at Foley & Lardner.

  • 3 Tips For Compliance With FTC's New Made In USA Rule

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    The Federal Trade Commission's recently adopted Made In USA Rule means the regulator can more easily impose civil penalties for labeling violations, so advertisers should consider key measures to achieve compliance, including supply chain audits and origin claim reviews, say Tiffany Ferris and Joseph Lawlor at Haynes and Boone.

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