Product Liability

  • September 07, 2022

    Pharmacist May Need Third Sentencing In Meningitis Case

    The First Circuit on Wednesday raised the prospect of a third sentencing hearing for the founder of a compounding pharmacy at the center of a deadly meningitis outbreak, suggesting that a lower court judge mistakenly thought that the appeals court had ordered him to dole out more prison time.

  • September 07, 2022

    Ohio Justices Nix Insurer's Duty To Defend In Opioid Suits

    The Ohio Supreme Court on Wednesday overturned an appeals court's ruling that Acuity Inc. has a duty to defend a now-out-of-business drug wholesaler in public nuisance suits brought by governments over the opioid epidemic, finding the underlying actions were not brought "because of" bodily injury.

  • September 06, 2022

    Pharmacies Flooded NM With Opioids, AG Says As Trial Starts

    New Mexico's attorney general launched an opioid-crisis trial on Tuesday against three pharmacy giants with a comparison of stewardship of drugs to that of water in his arid state, saying reckless opioid dispensing by Walgreens, Walmart and Kroger "smashed those dams wide open."

  • September 06, 2022

    Ford Faces Class Claims After $1.7B Roof Defect Trial Loss

    Ford knowingly sold 5.2 million trucks with dangerously weak roofs, a California driver has claimed in a proposed class action brought in Michigan federal court just weeks after a Georgia jury slapped the automaker with a $1.7 billion punitive damages verdict over the alleged defect.

  • September 06, 2022

    Apple, Google, Meta Win Trims In 'Social Casino Games' MDL

    A California federal judge has dismissed certain claims in multidistrict litigation against Apple, Google and Meta platforms over allegedly illicit "social casino games," though the judge certified the order for an immediate appeal and said the case presents exceptional circumstances that could benefit from the Ninth Circuit's input.

  • September 06, 2022

    Foreign Cos. Can Exit Helicopter Crash Suit, NC Panel Says

    German and French manufacturers won't have to face a wrongful death lawsuit — and several cross claims — over a fatal helicopter crash after a North Carolina appeals court ruled Tuesday that the trial court lacked jurisdiction because the two companies had no substantial ties to the state.

  • September 06, 2022

    Dodge Escapes Suit Over 'Unfit' Muscle Cars, For Now

    Owners of two Dodge "muscle car" models who sought class damages for allegedly faulty rear differentials have run out of gas for now after a federal judge in Delaware dismissed, for multiple reasons, all 14 counts without prejudice.

  • September 06, 2022

    Boeing Presses For Bench Trial In Remaining Lion Air Cases

    Boeing pressed its bid for an Illinois federal court bench trial to close out the last remaining lawsuits from victims' estates over the 2018 Lion Air plane crash, maintaining that the Death on the High Seas Act claims can be swiftly resolved without a jury.

  • September 06, 2022

    Geron Investors Ink $24M Deal Over Cancer Study Results

    Geron Corp. investors have reached a $24 million settlement resolving their claims that the biotechnology company and its chief executive officer hid negative results of a clinical trial for a blood cancer drug while earning millions of dollars in a stock offering, according to a recently filed motion for approval of the deal.

  • September 06, 2022

    Gun Group Calls Sandy Hook AR-15 Ban Unconstitutional

    A firearm rights group on Tuesday took aim at a pair of Connecticut statutes passed after the Sandy Hook massacre that prohibited most people from owning semiautomatic rifles, like the AR-15, and magazines capable of holding 10 or more bullets, leaning on a recent U.S. Supreme Court decision to call the statutes unconstitutional.

  • September 06, 2022

    Holmes Wants New Trial After Key Witness Expresses Regrets

    Convicted former Theranos CEO Elizabeth Holmes asked a California federal judge for a new criminal fraud trial Tuesday, arguing that the government's star witness, former Theranos lab director Adam Rosendorff, recently tried to contact Holmes to express regrets about testifying against her, and she deserves a do-over.

  • September 06, 2022

    ConAgra Snack Challenged Over 'Chile Limón' Label

    A proposed class action in Illinois federal court has accused ConAgra Brands Inc. of leading buyers of Bigs brand Chile Limón sunflower seeds to believe that the seeds contain no artificial flavors, despite using an artificial ingredient to add a sour taste.

  • September 06, 2022

    1st Circ. Rules Against Man Who Blames Shrimp For Paralysis

    The First Circuit has thrown out a suit by a man alleging that he became paralyzed after eating shrimp at a Puerto Rican restaurant, saying the evidence presented isn't enough to support his argument that the restaurant and food distributors should have more closely examined the shellfish before selling and serving it.

  • September 06, 2022

    Juul Pays $438M To Settle With 34 States And Territories

    E-cigarette giant Juul has agreed to a $438.5 million settlement with 34 states and territories to end a two-year investigation into its marketing and sales practices, Texas' attorney general said Tuesday.

  • September 06, 2022

    Keurig Coffee Makers Break When Descaled, Suit Says

    Coffee company Keurig Green Mountain Inc. and homeware retailer Bed Bath & Beyond make and sell defective coffee makers that break when descaled, tripping an internal overheating switch that is difficult to reset and making the machine unusable, a putative class action lawsuit says.

  • September 02, 2022

    Law360 MVP Awards Go To 188 Attys From 78 Firms

    The attorneys chosen as Law360's 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • September 02, 2022

    The Hottest Topics For Health Attys In 2022's Homestretch

    A torrid 2022 for health care litigation is entering a red-hot homestretch featuring fallout from the U.S. Supreme Court's explosive repudiation of abortion rights, the potential for three False Claims Act clashes at the high court, and the increasingly likely prospect of a funding fiasco for the U.S. Food and Drug Administration.

  • September 02, 2022

    VPX CEO To Monster Trial Atty: 'Are You Trying To Insult Me?'

    Vital Pharmaceuticals Inc. CEO Jack Owoc continued his pugnacious turn on the witness stand Friday in a California federal trial over false advertising claims brought by Monster Energy Co., verbally sparring with Monster's attorney while denying that "super creatine" in Vital's Bang energy drink is key to its meteoric success.

  • September 02, 2022

    Bayer Strikes $40M Deal, Ending 17-Year FCA Saga

    The U.S. Department of Justice on Friday announced that it had reached a $40 million settlement with Bayer AG to end allegations that the company violated the False Claims Act over three of its drugs, ending years of litigation in two whistleblower suits.

  • September 02, 2022

    Veterans Look To Block 3M's Planned Health Care Spinoff

    A pair of military veterans have asked a Florida federal court to shut down 3M's plans to spin off its health care assets, arguing that would give billions of dollars to shareholders while leaving tort claimants suing 3M over allegedly faulty earplugs hanging out to dry.

  • September 02, 2022

    J&J And Ethicon Fight Attempt At New Pelvic Mesh Trial

    Johnson & Johnson has told a judge that an Ohio woman who alleged she incurred injuries from pelvic mesh was mistaken when she said the company did not properly disclose its intent to use a report at her trial and gave insufficient reasons why she should get another shot at a favorable verdict.

  • September 02, 2022

    VW, DOJ Rip Bid To Rush Jones Day Emission Docs FOIA Row

    The U.S. Department of Justice and Volkswagen AG have said that a Loyola Marymount University professor cannot shortcut California federal court proceedings to force the release of a confidential Jones Day report on the German automaker's internal investigation into the 2015 emissions-cheating scandal.

  • September 02, 2022

    Sears, Boy Scouts Each Move Closer To Ch. 11 Resolutions

    The yearslong dispute between Sears and its former CEO ended with a deal, the Boy Scouts of America took a giant leap toward confirmation, and crypto investment platform Celsius wants to release $56 million of digital assets. This is the week in bankruptcy.

  • September 02, 2022

    Biden Nominates Montana Law Professor For 9th Circ.

    President Joe Biden is nominating a Montana law professor and former state solicitor to a vacancy on the Ninth Circuit and also tapping eight new district court nominees in six states, the White House announced Friday.

  • September 02, 2022

    Jury Convicts Arrayit Exec Of Fraud For COVID Test Lies

    A California federal jury has found the president of health care company Arrayit guilty of fraud and conspiracy for duping insurers, patients and investors out of millions of dollars with bogus COVID-19 tests and allergy finger-stick blood tests while orchestrating a yearslong Medicare scam, prosecutors said Friday.

Expert Analysis

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

  • Tips For Handling Audio Data In E-Discovery Post-Pandemic

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    The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

  • Tips For Online Pesticide Industry Amid Growing EPA Scrutiny

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    Recently ramped up U.S. Environmental Protection Agency enforcement against online retailers selling pesticide products in the U.S. means those companies must take proactive measures to stay ahead of potential liability from federal and state actions, say attorneys at Sidley.

  • Do NY's Cannabis Marketing Regs Violate 1st Amendment?

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    New York’s recently approved draft regulations for the retail packaging, labeling and advertising of adult-use cannabis include both sweeping prohibitions and detailed mandatory provisions, raising potential First Amendment questions about cabining or compelling cannabis companies' speech, say attorneys at Ballard Spahr.

  • Strategies For Effectively Marketing Law Firm ESG Practices

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    As law firms increasingly launch stand-alone environmental, social and corporate governance practices amid rising client demands, they should consider new marketing and client development practices that illuminate their capabilities as well their own sustainability and ethics-related initiatives, says Elle Walch at Ball Janik.

  • The Widening Circuit Split On State Court Climate Claims

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    The U.S. Supreme Court has so far declined the opportunity to resolve a circuit split on whether climate change lawsuits brought under state laws can be removed to federal court, but a recent petition from defendants in Boulder County v. Suncor Energy gives the high court a new opportunity to clarify the issue, say attorneys at King & Spalding.

  • Agreement Among Litigants Key To Using E-Discovery Tech

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    Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

  • Why J&J's Bankruptcy Is Still Alive And InfoWars' Is Not

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    A close comparison shows why Johnson & Johnson's bankruptcy survived a motion to dismiss and InfoWars' did not, and provides guidance to practitioners on what strategies might survive a motion to dismiss and what strategies won't, says Donald Swanson at Koley Jessen.

  • How The Pandemic Changed FDA Inspections

    Excerpt from Practical Guidance
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    The U.S. Food and Drug Administration has updated its inspection practices during the pandemic with new tools and methods — like introducing remote evaluations, increasingly relying on sample testing and records requests for warning letters and import alerts, and more — that are reshaping its oversight, say attorneys at Sidley.

  • A Former Cannabis Regulator On Shaping A Nascent Industry

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    Matthew McCarthy at Duane Morris shares three insights gleaned from his time as the lead prosecutor in regulatory enforcement actions at the Maryland Medical Cannabis Commission, highlighting personnel issues stemming from employees’ prior experience in the illegal market, lessons from Canada, and recommendations for industry self-governance.

  • Opinion

    Law School Admissions Shouldn't Hinge On Test Scores

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    The American Bar Association recently granted law schools some latitude on which tests it can consider in admissions decisions, but its continued emphasis on test scores harms student diversity and is an obstacle to holistic admissions strategies, says Aaron Taylor at AccessLex.

  • High Court Ruling Boosts Defenses In DOJ Health Care Cases

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    The U.S. Supreme Court's decision in Ruan v. U.S., establishing a high burden of proof for prosecutions under the Controlled Substances Act, has far-reaching implications that could affect cases involving the Anti-Kickback Statute and Eliminating Kickbacks in Recovery Act, say attorneys at Buchalter.

  • Tracking Class Certification Changes, 1 Year After TransUnion

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    In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

  • How FTC Proposal Would Tighten Rules On Auto Finance

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    A rule recently proposed by the Federal Trade Commission would substantially and immediately transform how car dealers interact with customers in the automotive financing process — and while its effects on the automotive lending market could take longer to be felt, they would still be significant, say attorneys at Morgan Lewis.

  • Embracing Revenue Operations For Strong Law Firm Growth

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    The concept of revenue operations — a management strategy commonly used in high-growth sectors that involves integrating all departments to address and fulfill client needs — can help law firms develop their own growth strategies, including strengthening client relationships, says Dave Southern, a business development and marketing professional.

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