Product Liability

  • August 30, 2022

    DC Circ. Backs 'Pro Tanto' Rule For Shared FCA Damages

    The D.C. Circuit ruled Tuesday that the potential damages Honeywell faced in a False Claims Act suit over allegedly faulty body armor sold to the government could be fully offset against other defendants' settlements, rejecting a "proportionate share" approach.

  • August 30, 2022

    T-Mobile Wants Suit Over 5G Move Forced Into Arbitration

    T-Mobile has urged a Washington federal judge to force a former Sprint customer to arbitrate his suit, accusing the company of hiding its plans to shut down Sprint's networks from consumers to dampen possible opposition to the firms' $26 billion merger.

  • August 30, 2022

    Reps. Probe Fintech Co. On 'Buy Now, Pay Later' Gun Sales

    A group of 18 Democratic U.S. lawmakers wants information on Credova Financial LLC's "buy now, pay later" financing for online sales of guns, ammunition and accessories, requesting information in a letter to the company's CEO about various safeguards and business practices.

  • August 30, 2022

    Split 9th Circ. Reverses PG&E Ch. 11 Interest Rate Rulings

    The Ninth Circuit has reversed two lower courts with a split decision finding that the trade creditors in California utility Pacific Gas and Electric's Chapter 11 case should have been granted a higher rate of post-bankruptcy interest on their claims.

  • August 30, 2022

    Baby Swing Maker Sued Over Strangulation Hazard Recall

    A maker of baby swings has been hit with a proposed class action by customers claiming that they lost money on the products because of a strangulation hazard to small children that resulted in the recall of 2.2 million units.

  • August 30, 2022

    Okla. Tribe Fights Juul's Bid To Trim E-Cig Lawsuit

    An Oklahoma tribe defended its claim that Juul Labs Inc. violated the Sooner State's consumer protection law by pushing e-cigarette products on Native people through a fraudulent marketing campaign, telling a federal judge that it qualifies for relief under that statute.

  • August 30, 2022

    Instant Pot Maker Settles Child Scalding Defect Suit

    Instant Brands Inc., makers of the popular Instant Pot pressure cooker, settled a lawsuit on Monday that claimed a defective device badly burned a young child while her mother was attempting to open its lid.

  • August 30, 2022

    Burt's Bees Must Face Suit Over All-Natural Labeling

    A California federal judge says Burt's Bees must face claims that its 100% natural labeling is misleading as several of its products contain hydrogenated oils, sinking the company's bid to dismiss the suit.

  • August 29, 2022

    Tesla Drivers Allege 'Phantom Braking' Amid NHTSA Inquiry

    Carmaker Tesla Inc. was slapped with proposed class action claims over the "phantom braking" phenomenon allegedly plaguing its vehicles in autonomous mode, litigation that comes on the heels of a National Highway Traffic Safety Administration investigation into a defect with Tesla's advanced driver-assistance system Autopilot.

  • August 29, 2022

    CR Bard Owes $4.8M To Hernia Mesh Patient, Jury Says

    A Rhode Island jury awarded $4.8 million on Monday to a Hawaii man who said shoddily designed mesh made by Davol and C.R. Bard caused him internal injuries, according to his lawyers.

  • August 29, 2022

    Reddit Can't Use CDA To Dodge Child Porn Suit, 9th Circ. Told

    A proposed class of child pornography victims and their parents urged the Ninth Circuit on Monday to revive their claims that Reddit turns a blind eye to the illegal content, arguing that allowing Section 230 of the Communications Decency Act to shield such behavior gives companies a "green light" to profit from it.

  • August 29, 2022

    Insurer Seeks Early End To Ga. Gas Leak Injury Case

    Navigators Insurance Co. has asked an Indiana federal court to find that it doesn't have to cover Atlanta Gas Light Co. in litigation stemming from a natural gas leak and explosion that injured three people.

  • August 29, 2022

    J&J Fraud Suits Can Continue Despite Imerys Ch. 11 Stay

    A proposed class action in New Jersey state court that alleges fraud against Johnson & Johnson can proceed after a Delaware bankruptcy judge ruled Monday that the automatic stay of litigation imposed by the Chapter 11 filing of Imerys Talc America doesn't apply to J&J.

  • August 29, 2022

    Norfolk Southern Rips Pa. Jurisdiction Law As Relic

    Norfolk Southern Railway told the U.S. Supreme Court that a former worker cannot revive his Federal Employers' Liability Act suit using a Pennsylvania business registration statute that flouts corporate defendants' due process rights, saying it would open new litigation fronts and trigger egregious forum shopping.

  • August 29, 2022

    Monster Energy's $6M Fee Request Denied In VPX's TM Suit

    A Florida federal judge has adopted a magistrate judge's recommendation to deny Monster Energy's request for $6 million in attorney fees for defeating rival Vital Pharmaceuticals's trade dress dispute over its "Bang" brand energy drinks, finding no error with the recommendation and that no party objected to it.

  • August 29, 2022

    'Wrong Message' To Free Ex-Insys Exec Early, Judge Says

    A Massachusetts federal judge said Monday that cutting short the prison sentence of a former Insys Therapeutics executive convicted for an opioid kickback scheme would "send the wrong message."

  • August 29, 2022

    J&J Must Face Pelvic Mesh Suit After 6th Circ. Reversal

    The Sixth Circuit has toppled a victory for Johnson & Johnson and its medical device maker and revived a lawsuit from a Kentucky woman who claimed she was injured by defective pelvic mesh, determining a district court improperly tossed the case even though it was still plagued by factual disputes only a jury should untangle.

  • August 26, 2022

    Monster Tells Jury VPX 'Super Creatine' Not Super Or Creatine

    Vital Pharmaceuticals Inc. stole contracted shelf space and trade secrets from its rival Monster Energy Co. while falsely touting its Bang energy drink's "super creatine" ingredient that is not actually creatine, a Monster attorney told a California federal jury Friday during opening statements in its false advertising suit against Vital.

  • August 26, 2022

    9th Circ. Says FCC Regs Preempt Apple IPhone Radiation Suit

    The Ninth Circuit backed a district court's decision to toss a proposed class action claiming that Apple iPhones expose users to dangerous radiation, saying Friday that federal regulations setting radiation levels preempted the state law used to bring the case against the tech giant.

  • August 26, 2022

    Bankruptcy Court Won't Shield 3M From Earplug Claims

    An Indiana bankruptcy court refused to temporarily shield 3M from hundreds of thousands of veterans' claims that its earplugs caused them hearing loss, ruling Friday that the company couldn't benefit from its subsidiary's bankruptcy protections.

  • August 26, 2022

    Ford's $1.7B Trial Loss Puts Spotlight On Hush Deals, Ga. Law

    A Georgia jury's $1.7 billion punitive damages verdict against Ford Motor Co. over a fatal rollover collision shines a light on an alleged defect that previously has resulted in confidential settlements. But the award may not stick, attorneys told Law360, especially if a Georgia law prompts a post-trial settlement.

  • August 26, 2022

    Judge Denies 'Inadequate' $117M Altria Investor Settlement

    A Virginia federal judge declined to give the initial OK to a proposed $117 million settlement between tobacco giant Altria Group Inc. and shareholders in a consolidated derivative action, calling the deal "inadequate."

  • August 26, 2022

    Sterigenics Could Have Cut Toxic Emissions Earlier, Jury Told

    The former CEO of industrial sterilization company Sterigenics testified Friday that he knew ethylene oxide was a dangerous chemical when he became the company's top executive in 2011, but he issued no directive to tighten up inconsistent emissions controls across the firm's facilities.

  • August 26, 2022

    Terraform Labs Hit With RICO Suit Over Stablecoin Collapse

    Blockchain company Terraform Labs and its two top executives were hit with a proposed class action for allegedly violating the Racketeer Influenced and Corrupt Organizations Act by artificially inflating the price of the company's stablecoins and publishing misleading information following the cryptocurrency's collapse to cover their tracks in an $80 million money laundering scheme.

  • August 26, 2022

    Apple Urges Judge To Trim IPhone Class Atty Fees

    Apple Inc. has asked a New York federal judge to lower a $6.6 million fee request from attorneys who helped secure a $20 million class settlement for iPhone users over device updates, insisting that there is a lack of documentation supporting the price tag.

Expert Analysis

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Lingering Questions After 9th Circ.'s Delta-8 TM Ruling

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    The Ninth Circuit’s recent holding in AK Futures v. Boyd Street that Delta-8 THC is legal should theoretically lead to the issuance of federal registration for marks covering such products, but key questions remain on intellectual property rights, congressional priorities, regulators’ stance and state law, say attorneys at Goodwin.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • CBD Cos. Must Beware COVID Claims Amid Gov't Scrutiny

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    In light of the latest batch of warning letters issued jointly by the U.S. Food and Drug Administration and Federal Trade Commission, CBD companies should ensure their websites and social media do not make misrepresentations about their products’ ability to treat or prevent COVID-19, says Michelle Bodian at Vicente Sederberg.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Opinion

    State Crackdown On Deceptive Ads For Drug Suits Is Welcome

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    Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.

  • Early Defense Lessons From Surge Of Protein Label Cases

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    While defendants' efforts to defeat two types of protein labeling claims have yielded various results, six recent cases in the Northern District of California are instructive for companies that could face similar challenges in the future, say Olivia Dworkin and Cortlin Lannin at Covington.

  • FDA Medical Device Cyber Guidance Protects Patients, Cos.

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    By carefully following the U.S. Food and Drug Administration regulations on cybersecurity for medical devices — including its latest guidance on premarket submissions — and anticipating, tracking and fixing vulnerabilities, manufacturers can reduce risks to patients, as well as their own risks of product liability and data breach claims, say attorneys at Dechert.

  • Split Looms Over 9th Circ. Injunctive Relief On False Labeling

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    A split appears to be growing among district courts in the Ninth Circuit about what is actually required to establish standing for injunctive relief claims in false labeling cases, and litigants should brace for greater unpredictability, increased litigation costs and case-by-case resolutions, say attorneys at Alston & Bird.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Opinion

    Calif. Bill On Protective Orders Threatens Privacy Norms

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    California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

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