Product Liability

  • July 3, 2019

    9th Circ. Seeks Nevada's Help With Defense Recoup Riddle

    The Ninth Circuit has asked the Nevada Supreme Court to decide whether a reservation of rights letter is enough to let an insurance company recoup defense costs from an insured after a court finds it never owed any coverage in the first place.

  • July 3, 2019

    Just For Men Buyers Say Dye Burned, Discolored Their Faces

    A group of men are suing the makers of Just For Men hair dye in New York federal court, claiming that beard and mustache dyes have permanently discolored their faces.

  • July 3, 2019

    GE Case Asks High Court To Clarify Int'l Biz Uncertainty

    The U.S. Supreme Court will decide whether a French unit of General Electric Co. can force arbitration of a dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, an opportunity for the justices to provide clarity on an increasingly salient point of U.S. law.

  • July 2, 2019

    J&J Opioid Sales Rep Wooed 'Pill Mill' Doctors, Judge Hears

    A lawyer representing Oklahoma in its landmark opioid crisis trial against Johnson & Johnson questioned a longtime sales rep Tuesday in a bid to show the drugmaker prioritized dollars over human life, questioning the state's final witness about the parade of doctors on her beat who saw their patients overdose.

  • July 2, 2019

    Split 9th Circ. Won't Block Calif. City's Cellphone Warning Law

    A divided Ninth Circuit on Tuesday again declined to stop enforcement of an ordinance in Berkeley, California, that requires cellphone retailers to warn consumers about radiation risks, finding the city's interest in furthering public health and safety was significant enough to justify the ordinance.

  • July 2, 2019

    Insys Reaches Ch. 11 Deal To Pause State Opioid Suits

    A Delaware bankruptcy judge on Tuesday gave his nod to a deal that Insys Therapeutics Inc. has brokered with a handful of state attorneys general to pause opioid litigation as the company moves forward with plans for its Chapter 11 sale.

  • July 2, 2019

    Feds Say Rail Co. Liable For $25M Over Colo. Wildfire

    Federal prosecutors on Tuesday sued a company that offers railroad rides to tourists, seeking to recover $25 million in damages related to a Colorado fire that officials blame on a locomotive throwing off a hot cinder and igniting a blaze that burnt a swath of national forest the size of Seattle.

  • July 2, 2019

    Enviros Threaten EPA With Suit Over Slaughterhouse Waste

    A slew of green groups on Tuesday threatened to sue the U.S. Environmental Protection Agency for failing to meet the Clean Water Act's requirement that it review — and possibly update — wastewater guidelines for slaughterhouses.

  • July 2, 2019

    NYC Doc Convicted In $2M Opioid Scheme Gets 5 Years

    A New York doctor was sentenced on Tuesday to five years in prison for prescribing nearly 1 million oxycodone pills to patients who didn’t actually need them in exchange for cash, reaping $2 million in the process.

  • July 2, 2019

    VW Wants Bondholder Emissions Fraud Suit Nixed For Good

    Volkswagen told a California federal judge Tuesday a bondholder's proposed class claims that it was duped into buying overpriced bonds through purportedly misleading offering documents that concealed the automaker's 2015 diesel emissions scandal don't hold up if it never actually read the documents.

  • July 2, 2019

    Barilla Dodges Nationwide Class Claims Over Sauce Labels

    Nationwide class claims in a suit over "no preservatives" labels on Barilla America Inc. pasta sauces cannot proceed, after an Illinois federal judge said on Tuesday it would be unmanageable because of differences among the various states' fraud and consumer protection laws.

  • July 2, 2019

    SF, Oakland Push For Climate Suit Revival At 9th Circ.

    Oakland and San Francisco told the Ninth Circuit that their California state law-based nuisance claims against Chevron Corp., BP PLC and other oil giants over climate-change-related damage to local infrastructure should never have been removed to federal court and dismissed.

  • July 2, 2019

    Tenant Says Allstate Can't Pursue Coverage Suit In Lead Case

    A tenant suing a pair of property owners over lead poisoning allegedly caused by contaminated paint at a Baltimore home they owned urged a Maryland federal court on Monday to toss or pause an insurer’s bid to dodge its duty to cover the property owners.

  • July 2, 2019

    National Surety Can't Recoup Asbestos Settlement Costs

    National Surety Corp. can’t make another insurance company pay its costs for defending a former mutual client in an asbestos-related settlement, an Illinois federal judge ruled, saying under Ohio law, each insurance company that covered the client is on the hook.

  • July 1, 2019

    J&J's Addiction Expert Slammed For Touting Screening Tools

    A UCLA addiction expert called by Johnson & Johnson in Oklahoma's landmark opioid crisis trial testified Monday that doctors have effective screening tools they should use to identify patients with addiction risks, but faced tough cross-examination questions about whether he'd misrepresented the usefulness of such tools.

  • July 1, 2019

    Sanofi Casting Blame For Failed EpiPen Rival, Mylan Says

    Mylan urged a Kansas federal judge Friday to nix Sanofi’s antitrust allegations in a broader multidistrict litigation, arguing that its EpiPen competed with Sanofi’s epinephrine auto-injector fair and square, only for the latter’s product to fail and Sanofi to foist the blame on Mylan.

  • July 1, 2019

    Opioid MDL Litigants Seek Triumphs Before Bellwether Trial

    As a bellwether trial nears in multidistrict opioid litigation, drug companies and Ohio local governments are seeking victories on crucial legal questions over liability for a deadly addiction epidemic and a proposed multibillion-dollar remedy.

  • July 1, 2019

    Post Says Sugar Isn't Toxic In False Ad Cereal Row

    Cereal giant Post wants to land a knockout blow in a proposed class action claiming its otherwise healthy cereals mislead consumers by not highlighting their added sugar, asking a California federal court to disqualify all five of the plaintiffs’ expert witnesses and shut down the suit on summary judgment.

  • July 1, 2019

    Kellogg's Fights Sanctions In False Ad Sugar Row

    A California federal court should reject a sanctions bid by a class of Golden State consumers who claim Kellogg's falsely advertises several of its cereals as healthy, as the court did not bar the arguments the company made in a summary judgment bid, Kellogg's has argued.

  • July 1, 2019

    11 AGs Sue EPA Over Rejected Asbestos Regulations

    Eleven attorneys general said Monday that they have filed a lawsuit challenging the U.S. Environmental Protection Agency's rejection of their call for stricter reporting requirements for the import and use of asbestos.

  • July 1, 2019

    Petland Affiliate Wants Out Of Sick Puppy Sale Suit

    An affiliate of Petland Inc. is looking to have claims that it conspired with the pet store to sell sick puppies dismissed, arguing in Georgia federal court that it has nothing to do with the sales that concern the bulk of the suit's allegations.

  • July 1, 2019

    J&J Investors Fight To Keep Asbestos Stock-Drop Suit Alive

    A proposed class of Johnson & Johnson investors urged a New Jersey federal judge to keep alive a suit accusing the company of artificially inflating its stock prices by hiding the presence of asbestos in its flagship baby powder product, arguing that the company failed to address their particular allegations.

  • July 1, 2019

    Napoli Bern's Insurer Dodges Paying $4.1M In Atty Fee Spat

    An insurance company is not liable for a nearly $4.1 million arbitration award that now-defunct asbestos plaintiffs giant Napoli Bern Ripka & Associates LLP must pay a Los Angeles attorney for cutting him out of case referral fees, a New York federal court has held.

  • July 1, 2019

    BPI Supplement Doesn't Build Muscle As Promised, Suit Says

    A proposed class action filed Saturday in New York federal court claims that consumers looking to bulk up are getting shortchanged by BPI Sports LLC's dietary supplements, saying the products don't help build the "lean muscle" the packaging promises.

  • June 28, 2019

    Ex-J&J Doc Defends Co.'s Opioid Marketing In Okla. Trial

    A former medical director at Johnson & Johnson subsidiary Janssen Pharmaceuticals on Friday defended the company's marketing of opioids as having a low risk of addiction during cross-examination by an attorney for Oklahoma, which is seeking to hold the drugmakers liable for the opioid crisis.

Expert Analysis

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • State Net

    The Potential Effect Of State E-Cigarette Regulations

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    To curb skyrocketing e-cigarette use among teenagers, at least 10 states have introduced bans on the sale of flavored tobacco products. These proposed bans — especially the stricter measures California and Hawaii are considering — could hinder the overall tobacco industry's growth, says Korey Clark of State Net Capitol Journal.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Aviation Watch: FAA Certification Under Scrutiny

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    The aircraft design flaws revealed after two recent crashes of Boeing 737 MAX airliners demonstrate that the Federal Aviation Administration's certification process — which delegates much oversight responsibility to aircraft manufacturers — is overdue for reform, says Alan Hoffman, a retired attorney and private pilot.

  • NY Should Learn From Prop 65 Chemical-Labeling Regs

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    With its recently proposed Consumer Right to Know Act, New York has an opportunity to educate consumers about legitimate risks associated with chemicals in certain products. But lawmakers should avoid following in the footsteps of California’s Proposition 65 too closely, say Kevin Mayer and Michelle Chipetine of Crowell & Moring.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Opinion

    Amended EU Class Action Proposal Is A Loss For Consumers

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    The U.S. Chamber of Commerce is poised to neuter the European Commission's collective action proposal — intended to let EU consumers challenge corporate misconduct — with a series of debilitating amendments that the Council of the EU must fight back against, says Laura Antonini of the Consumer Education Foundation.

  • CBD Scrutiny May Signal Broader FDA Enforcement Trend

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    The U.S. Food and Drug Administration's actions regarding cannabidiol-containing products — including three warning letters issued last week to companies marketing CBD products — appear to be part of a larger effort by the agency to increase review of the dietary supplement industry, say attorneys with Epstein Becker Green.

  • Opinion

    Time For More Interlocutory Review Of MDL Court Decisions

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    Increasing the availability of appellate review for multidistrict litigation court decisions on an interlocutory basis could provide valuable guidance to MDL courts and increase their efficiency in resolving cases, says Douglas Smith of Kirkland & Ellis.

  • Unanswered Questions On FDA-USDA Cell Culture Agreement

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    The U.S. Food and Drug Administration and the U.S. Department of Agriculture are dividing up regulatory responsibility for food produced using cell culture technology. But with few details on premarket evaluations, oversight procedures and labeling, companies remain unsure how to proceed, say Robert Hibbert and Amaru Sanchez of Morgan Lewis. 

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • The Important Reasons DOJ Wants To Toss Gilead FCA Case

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    False Claims Act defendants’ ears should be all perked up since last week’s U.S. Department of Justice motion to dismiss Gilead v. U.S., as it is based on the frequent defense argument that the FCA wasn’t intended to allow relators to second-guess regulatory decision-making, says Derek Adams of Feldesman Tucker.

  • When Advertisers Are Liable For Claims In Reviews

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    In a recent case involving water filter systems, the National Advertising Division provided important guidance on the extent to which an advertiser is responsible for claims made by consumers on third-party retail sites and known by the advertiser to be inaccurate or unsupported, says Terri Seligman of Frankfurt Kurnit.

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