Product Liability

  • September 28, 2021

    CVS Accused Of Trial-Delaying Flip-Flop In Sanitizer Row

    A class of buyers of hand sanitizer have told a California federal court that CVS Health's attempt to revive six affirmative defenses reeks of hypocrisy, telling the court the pharmacy giant is snubbing its orders on the eve of the suit's discovery deadline, the same month it fought their bid to amend their complaint.

  • September 28, 2021

    Private 737 Max Buyers Drop Suit Against Boeing

    A group of companies that bought a pair of 737 Max 8 planes to use as private jets has dropped a suit alleging The Boeing Co. hid the dangers the planes posed when it pushed them to market, according to federal court filings.

  • September 28, 2021

    Drug Cos. Say DA's Opioid Settlement Objections Are Unripe

    Three of the drug companies signing a $26 billion multi-state opioid settlement said the time isn't yet ripe for local district attorneys to sue over their qualms with the settlement, according to objections the companies filed in Pennsylvania state court.

  • September 28, 2021

    Biden Deals Final Blow To Trump-Era Royalty Valuation Rule

    Royalties for oil and gas produced on federal lands will be calculated the way they were before the Trump administration's eleventh-hour changes to valuation regulations, the U.S. Department of the Interior announced Tuesday. 

  • September 28, 2021

    Endo Agrees To $7.5M Deal With La. AG Over Opioid Claims

    Endo Pharmaceuticals on Tuesday announced it had reached a $7.5 million deal with the Louisiana attorney general to end all opioid claims in the state as the company continues to face serious inquiries into discovery lapses in opioid litigation across the country.

  • September 28, 2021

    Police Lose Appellate Bid In Bulletproof Vest Class Action

    The Eleventh Circuit has affirmed a Florida federal judge's dismissal of a proposed class action from police associations and officers alleging a design defect in bulletproof vests made by Florida-based Point Blank Enterprises Inc., finding he did not abuse his discretion in denying class certification.

  • September 28, 2021

    Cherokee Nation Inks $75M Opioid Deal With Distributors

    The Cherokee Nation announced Tuesday that it's reached a $75 million settlement with AmerisourceBergen Corp., Cardinal Health Inc. and McKesson Corp. over claims that the companies contributed to the opioid epidemic.

  • September 28, 2021

    NY Bankruptcy Judge Who Oversaw Purdue Ch. 11 Will Retire

    U.S. Bankruptcy Judge Robert D. Drain, who has overseen nearly two decades' worth of insolvency cases, including those of OxyContin maker Purdue Pharma and department store giant Sears Holdings Co., announced on Tuesday his plan to retire.

  • September 28, 2021

    Couple Lose Bid At 8th Circ. To Revive Bayer Drug Claims

    The Eighth Circuit has refused to revive claims by a couple alleging their use of Bayer Healthcare Pharmaceuticals Inc.'s fluoroquinolone caused nerve damage, agreeing that their failure to meet pretrial deadlines dooms their case.

  • September 27, 2021

    Prop 65 Judge Out, Slams Bid's 'Aggressive' Privacy Invasion

    A California federal judge has reluctantly recused herself from a lawsuit by the California Chamber of Commerce over Proposition 65's acrylamide warning requirements, slamming the "uncommonly aggressive, scorched earth efforts" of those who filed the motion, which she said may have attempted to put the judge and her family's safety at risk.

  • September 27, 2021

    1st Circ. Backs Convictions Of NECC Execs In Meningitis Case

    The First Circuit on Monday reinstated the convictions of two New England Compounding Center executives for defrauding the U.S. Food and Drug Administration in a case related to a deadly nationwide fungal meningitis outbreak, rejecting the pair's defense that their guilt was "legally impossible."

  • September 27, 2021

    Sempra, SoCalGas Cut $1.8B Aliso Canyon Gas Leak Deal

    Southern California Gas and its parent, Sempra Energy, have agreed to pay up to $1.8 billion to settle personal injury and property damage claims by more than 35,000 victims of the 2015 Aliso Canyon gas leak, following roughly $5.7 million in discovery sanctions levied against SoCalGas, according to plaintiffs' counsel.

  • September 27, 2021

    SEC Loses Bid To Share Secret VW Emissions Suit Docs

    A California federal judge slammed the U.S. Securities and Exchange Commission's request to share confidential Volkswagen documents connected to the agency's lawsuit over the automaker's emissions scandal, saying the idea "eviscerates" the concept of a protective order and would be "unprecedented."

  • September 27, 2021

    Romney, Kaine Press FDA On Delayed E-Cigarette Decisions

    U.S. Sens. Tim Kaine, D-Va., and Mitt Romney, R-Utah, have told the acting commissioner of the U.S. Food and Drug Administration they're concerned over the agency's delay in deciding whether companies that hold the largest shares of the e-cigarette market, such as Juul, can keep selling their products.

  • September 27, 2021

    NJ Justices To Hear Widow's Union Carbide Asbestos Case

    The New Jersey Supreme Court will review a state appeals panel's ruling giving Dow Chemical unit Union Carbide another trial in a widow's case alleging that asbestos the company supplied for her husband's work led to his illness and death.

  • September 27, 2021

    McKesson Tells 9th Circ. Opioid FCA Suit Correctly Dropped

    McKesson Corp. says the Ninth Circuit should reject two former employees' bid to overturn a decision tossing accusations that it falsely told the government it complied with security protocols to stop opioid diversion, saying their attempt was too short on specifics.

  • September 27, 2021

    Texas Cops Sue Tesla Over Autopilot Crash At Traffic Stop

    A group of five Texas police officers sued Tesla on Monday, claiming its vehicles' driver assistance systems' inability to detect flashing lights caused a Model X to plow into their cars at 70 mph, injuring them, a civilian and a police dog.

  • September 27, 2021

    VW To Pay $1.5M To Settle NH, Mont. Tampering Claims

    Volkswagen AG said Monday that it will pay approximately $1.5 million to end claims from New Hampshire and Montana that allege the German automaker violated state environmental or anti-tampering laws through its 2015 "clean diesel" emissions-cheating scandal.

  • September 27, 2021

    Insys Manager Asks Full 1st Circ. To Review 'Pill Mill' Guilt

    Former Insys Therapeutics Inc. manager Sunrise Lee has urged a full First Circuit to rethink a panel decision upholding a landmark verdict convicting her and four others of a scheme to bribe doctors to prescribe opioids through a sham speaker program, arguing the panel's opinion relied on racist testimony and conjured her knowledge of the scheme "out of thin air."

  • September 27, 2021

    BASF, Cahill Gordon To Pay $22.5M Atty Fees In Asbestos Suit

    A New Jersey federal judge on Monday granted final approval to a $100 million settlement to resolve claims that BASF Catalysts LLC's predecessor and its former counsel at Cahill Gordon & Reindel LLP concealed that industrial and commercial talc from a Vermont mine may contain asbestos.

  • September 27, 2021

    J&J Says Cyprus Can't Intervene In Imerys Coverage Fight

    Johnson & Johnson told a Delaware bankruptcy judge that Cyprus Mine Corp. shouldn't be able to intervene in the Chapter 11 case of Imerys Talc America because the court doesn't have jurisdiction over the contractual disputes between the two nondebtor entities.

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    California AG Announces Appeal Of Purdue Ch. 11 Plan

    California Attorney General Rob Bonta on Friday became the latest attorney general to announce an appeal of the approval of Purdue Pharma's Chapter 11 plan, saying the OxyContin maker's former owners in the Sackler family must be held accountable for their part in the opioid crisis.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Walgreens Escapes 'Pink Tax' Suit Over Hair Loss Meds

    A California federal court has tossed a proposed class action against Walgreens by a shopper accusing the company of charging a "pink tax" on women's hair loss products, finding that the pharmacy chain can't deviate on the labeling approved by the U.S. Food and Drug Administration.

Expert Analysis

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • How Cos. Should Respond To Gov't Requests For PFAS Info

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    With federal and state government agencies increasingly focused on regulating per- and polyfluoroalkyl substances, companies should respond carefully to information requests and subpoenas about their PFAS-related practices — which, as public documents, could leave them exposed to follow-on litigation, say attorneys at Pillsbury.

  • NY Asbestos Ruling Could Change Insurers' Approach

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    A New York court's recent ruling that Liberty Mutual had to pay 100% of all settlements against its bankrupt and dissolved insured, Jenkins Bros., even though its policies were in force for only part of the asbestos exposure should make insurers think twice before looking to shed some of their asbestos coverage obligations, says John Koch at Flaster Greenberg.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Consumer Contract Terms Offer Cos. Arbitration Alternatives

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    As companies like Amazon reconsider arbitration for settling customer disputes, they can look to contract terms including forum selection clauses, choice-of-law clauses and presuit notice requirements to minimize their exposure in the uncertainty of consumer and product liability litigation, say attorneys at McGuireWoods.

  • Rebuttal

    Ad Dispute Process Does Not Boost Class Action Risk

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    While a recent Law360 guest article suggested that proceedings at the National Advertising Division over contested marketing claims may inspire subsequent class actions, the NAD's process can often be a good way for advertisers to resolve disputes with each other while minimizing litigation risk, says Laura Brett at BBB National Programs.

  • New FDA Yogurt Standard Signals Focus On Nutrition Goals

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    Long-awaited standards from the U.S. Food and Drug Administration that clarify what products can be classified as yogurt show that the food industry can expect the FDA to continue to advance its nutrition information directive, and that other updates could be on the way as the agency takes a hard look at different products' identities, say Suzie Trigg, Steven Armstrong and Tony Subketkaew at Haynes and Boone.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Opinion

    Litigation Over Recyclable Claims Is Bad For Recycling

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    In recent lawsuits, environmental groups are demanding that companies forgo claims of product recyclability unless they can anticipate that an item will actually be recycled, but this will inhibit truthful recyclable claims on packaging and further depress already low recycling rates in the U.S., says Katie Bond at Lathrop GPM.

  • What COVID-19, Social Issues Mean For Pharma Case Juries

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    Recent surveys of actual and potential jurors suggest that the turbulence of this time will likely affect the attitudes of juries in pharmaceutical and life science cases in at least five different ways, say Buffy Mims and Rachel Horton at DLA Piper, and Rick Fuentes at R&D Strategic Solutions.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • How Automakers Can Minimize Cybersecurity Liability

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    The federal government has not yet enacted any specific laws to regulate automotive cybersecurity — but the emergence of such laws in California and Europe, and the increasing technological complexity of modern vehicles, make it essential for automakers to act now to guard against cyber risks, says Tony Martucci at Thompson Hine.

  • Ford Ruling Affirms Basic Principles Of Personal Jurisdiction

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    Despite what large corporate defendants may have thought after the U.S. Supreme Court's 2017 decision in Bristol-Myers, the recent ruling in Ford v. Montana Eighth Judicial District Court sends a clear message that you can be hauled into court in any state in which your product is marketed and sold, regardless of whether your activity in that state served as the direct cause of the injury, say Lydia Reynolds and Stephanie Monplaisir at Beasley Allen.

  • Opinion

    9th Circ. Is Wrong On Consumer Fraud Injunctive Relief Issue

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    As the Ninth Circuit has incorrectly concluded that previously deceived consumers may have standing for injunctive relief under certain circumstances, while the Second and Third Circuits have conclusively held that they do not, the U.S. Supreme Court should resolve the split and end these claims, say Jeff Wilkerson and Patrick Hogan at Winston & Strawn.

  • Cos. Must Consider Electric Vehicles' Unique Risk Profile

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    As more electric vehicles take to the road around the world, companies in the EV space must understand how the accompanying reputational risks, liability concerns and insurance needs differ from those that come with gas-powered cars and trucks, say Jason McCarter and Elizabeth Marquardt at Miller & Martin.

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