Product Liability

  • June 28, 2019

    High Court Census Ruling Could Escalate Rule Challenges

    When a slim U.S. Supreme Court majority blocked the Trump administration from adding a citizenship question to the census because the government hadn't been forthcoming, the justices gave litigants an irresistible precedent to cite in future policy fights with federal agencies, experts said.

  • June 28, 2019

    Insurers Lose Bid To Lift Stay In J&J Talc Supplier Ch. 11

    A Delaware bankruptcy judge on Friday rejected insurers' request to lift a stay in the Chapter 11 case for Johnson & Johnson’s talc supplier so a California action over liability coverage can proceed, as the supplier faces thousands of asbestos-related personal injury claims.

  • June 28, 2019

    Chemours Sues DuPont Over 'Lowball' Cleanup Tab

    Chemours Co. has opened a potentially multibillion-dollar suit against DowDuPont Inc. and affiliates for "massively" understating environmental cleanup indemnification burdens as part of the Chemours spinoff in 2015, in a Delaware Chancery Court complaint unsealed late Friday.

  • June 28, 2019

    Reed Smith Atty's Widow Wants $3M Jury Verdict Restored

    The widow of a Reed Smith LLP partner who killed himself while taking a generic version of GlaxoSmithKline's antidepressant Paxil cited a May U.S. Supreme Court ruling in asking an Illinois federal court to reverse the Seventh Circuit's toss of her $3 million jury verdict.

  • June 28, 2019

    Conservative Justices Cross Over To Create Unusual Lineups

    Members of the conservative majority on the U.S. Supreme Court had some surprises for court watchers this term, with one of the newer — and generally most conservative — justices becoming a particularly strange bedfellow to liberals.

  • June 28, 2019

    The Sharpest Dissents Of The Supreme Court Term

    The dozens of dissents the U.S. Supreme Court issued this term outpaced those in the prior term, and their tone is growing harsher as justices vie for control of a court that is still reeling from the retirement of swing Justice Anthony Kennedy.

  • June 28, 2019

    Theranos Founder Holmes Gets Aug. 2020 Criminal Trial Date

    Theranos Inc.'s former CEO Elizabeth Holmes and former chief operating officer Ramesh "Sunny" Balwani will face an August 2020 criminal jury trial over claims they lied to investors and doctors about the now-defunct blood testing startup's product capabilities, a California federal judge said Friday.

  • June 28, 2019

    Texas Justices To Review Atty's Push Poll Sanction

    The Supreme Court of Texas on Friday granted attorney and crisis PR specialist Bill Brewer a chance to overturn a sanction order he faces after a judge found he tried to taint a jury pool and court officials via a "push poll" in the run-up to a trial over a deadly gas explosion.

  • June 28, 2019

    1st Circ. Affirms Dismissal Of Investor's Biogen Suit

    The First Circuit on Thursday affirmed the dismissal of an investor lawsuit alleging biopharmaceutical company Biogen Inc. downplayed the impact a patient death had on sales, saying the supposedly misleading statements weren't made with intent or knowledge of wrongdoing.

  • June 28, 2019

    Keurig Must Face Claims It Mislabeled Pods As Recyclable

    Single-serve, plastic coffee pod maker Keurig Green Mountain Inc. must face a proposed class action claiming it labeled its pods as recyclable when in fact they are nonrecyclable, a California federal judge ruled Friday.

  • June 28, 2019

    Medtronic Insulin Pumps Yanked For Possible Hacking Threat

    Medtronic is pulling certain insulin pumps off the market because of cybersecurity vulnerabilities that could allow third parties to change settings, with thousands of patients potentially affected, the U.S. Food and Drug Administration said.

  • June 28, 2019

    MoFo Snags FDA Expert From Mintz As Life Sciences Partner

    Morrison & Foerster LLP has added to its New York City office a life sciences partner focused on regulation and compliance who previously served as the Food and Drug Administration practice chair at Mintz Levin Cohn Ferris Glovsky and Popeo PC, the firm announced.

  • June 28, 2019

    EPA Chemical Risk Evaluations Draw Criticism From Enviros

    The U.S. Environmental Protection Agency on Friday said a flame retardant and solvent that were identified for a priority risk analysis under recent changes to federal law do not, in large part, pose unreasonable risks to humans or the environment, prompting immediate criticism from environmentalists.

  • June 28, 2019

    J&J Hit With $500K Verdict In Latest Philly Mesh Case

    A Philadelphia jury handed down $500,000 in damages against a Johnson & Johnson unit on Friday after finding that design defects in a pelvic mesh implant left a woman suffering significant pain. 

  • June 28, 2019

    Sotomayor, Breyer Vie For Chattiest High Court Justice

    On the U.S. Supreme Court's famously "hot" bench, Justice Sonia Sotomayor stood out once again as the most active questioner this term, speaking up more often than any of her colleagues.

  • June 28, 2019

    Texas Justices To Hear Evidence Destruction Immunity Case

    The Supreme Court of Texas on Friday agreed to consider whether an appeals court improperly accepted a Texas law firm's attorney-client immunity defense to dismiss accusations by a widow that the firm had destroyed key evidence in a wrongful death suit against a trailer manufacturer.

  • June 28, 2019

    Chevron Tells 9th Circ. To Ignore Baltimore Climate Ruling

    A Maryland federal judge's decision remanding to state court a Baltimore suit alleging Chevron and other companies caused climate change-related damage should be ignored in the oil giant's legal battle with California cities and counties pursuing similar claims, Chevron told the Ninth Circuit on Thursday.

  • June 28, 2019

    The Funniest Moments Of The Supreme Court Term

    While general audiences may have a hard time finding the humor, there were several moments of legal levity in the Supreme Court this term that made the justices and the courtroom laugh.

  • June 28, 2019

    GE $45M Faulty-Motor Row Will Go To High Court

    The U.S. Supreme Court on Friday agreed to hear a multimillion-dollar dispute over allegedly faulty motors involving a French unit of General Electric Co. to resolve the question of whether nonsignatories to an international arbitration agreement can force arbitration of a dispute.

  • June 27, 2019

    The New 'Roberts Court' Finds Its Footing

    Chief Justice John Roberts is presiding over the most conservative Supreme Court in years. But as the 2018 term showed, the reality is more complicated and the new majority is far weaker than expected.

  • June 27, 2019

    Ex-J&J Doc Tells Okla. Judge Its Opioids Had Low Abuse Rate

    Johnson & Johnson began its defense Thursday in Oklahoma’s trailblazing trial seeking to hold it liable for the opioid crisis, calling a former medical director at its subsidiary Janssen Pharmaceuticals to testify that a host of data showed its painkillers were abused at a lower rate than other opioids.

  • June 27, 2019

    GM's Claim It Didn't Know Of Defect Faces Skeptical Judge

    A California federal judge pressed back Thursday against General Motors' claim that it didn't know it was selling Americans cars with incompatible European-made engine pumps despite customer complaints to federal regulators, asking the automaker whether it had "a responsibility to stay up to date on safety."

  • June 27, 2019

    Drivers Fail To Prove BMW Cars Cheated On Emissions

    A New Jersey federal judge on Thursday tossed a putative class action accusing BMW and Robert Bosch LLC of installing emissions-cheating software in vehicles, saying the car buyers hadn't adequately shown that they had bought vehicles containing such devices.

  • June 27, 2019

    Breaking Down The Vote: High Court Term In Review

    A new junior justice. A growing number of dissents. Tough talk on overturning precedent. Unusual lineups in 5-4 rulings. This term left court watchers wondering: “What’s next?”

  • June 27, 2019

    Boeing Ordered To Produce Ethiopian Crash Docs

    An Illinois federal judge on Thursday said discovery will go forward in litigation brought by families of the victims of the Ethiopian Airlines Flight 302 crash involving a Boeing 737 Max 8 aircraft, according to an attorney for the families.

Expert Analysis

  • New Calif. Packaging Law Cuts Companies Some Slack

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    New safe harbor provisions in California’s slack-fill law offer welcome relief to food and consumer product companies, and may make multimillion-dollar slack-fill settlements — and the litigation they incentivize — less common, say William Tarantino and Megan Ault of Morrison & Foerster.

  • Opinion

    Kisor Case May Positively Disrupt Technological Governance

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    If the U.S. Supreme Court decision in Kisor v. Wilkie lowers standards for judicial deference, it will help clear the path for positive disruptions that certain technologies can bring to our lives, says Jennifer Huddleston of the Mercatus Center at George Mason University.

  • Climate Change And Insurance: Learn From MTBE, Asbestos

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    While climate change litigation is a relatively nascent development, liability insurers have historically faced emerging risks like claims arising from methyl tertiary butyl ether and asbestos. Climate change suits will likely present similar issues, say Kristin Suga Heres and Jeffrey Gordon of Zelle LLP.

  • Simple Website Tweaks Can Help Hotels Avoid ADA Claims

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    Hotels have been caught off guard by a new wave of Americans with Disabilities Act litigation related to the description of accessible accommodations on their websites, say Linsey Lovell and Stevan Pardo of Pardo Jackson.

  • Demystifying Damages: 5 Flagrant Fouls Of Financial Experts

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    From unrealistic profit projections to discount rate delusions, financial experts offering testimony on damage awards sometimes go out of bounds. It's important to understand the five flagrant fouls frequently committed by financial experts in the courtroom, say Joseph Galanti and Michelle Gettinger of Grant Thornton.

  • Opinion

    Product Liability Is The Wrong Standard For Self-Driving Cars

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    If automated vehicles are better for society than human-driven vehicles, we need liability rules to promote their usage. The traditional product liability framework is simply too costly to be the proper legal standard for analyzing AV crashes, say Gordon Anderson and Austin Brown of the UC Davis Policy Institute for Energy, Environment and the Economy.

  • There's More To Cosmetics Regulation Than Meets The Eye

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    A recent wave of cosmetics litigation, especially around talc, has reinvigorated a debate about the federal government's authority over cosmetic products and their ingredients. A close look at the current regulatory framework reveals that the rules are more robust than some may think, says Michael Giaquinto of Hawkins Parnell & Young LLP. 

  • Expectations For Glyphosate Litigation After Monsanto Verdict

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    As seen in a California jury's $80 million verdict in Hardeman v. Monsanto this week, Monsanto and its Roundup weedkiller are still bearing the brunt of glyphosate litigation, but the agricultural and food industries face litigation risks as well, say John Gardella and Michaela Lancer of CMBG3 Law LLC.

  • How The Supreme Court Revived Maritime Asbestos Cases

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    Last week's U.S. Supreme Court opinion in Air and Liquid Systems v. DeVries may cause a resurgence of filings against manufacturers of marine equipment that required asbestos-containing accessories, but its effect on nonmaritime-based asbestos litigation is less clear, say Edward Ulloa and Catherine Goldhaber of Hawkins Parnell & Young LLP.

  • And Now A Word From The Panel: An MDL Denial

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    In its recent denial of a motion to create a multidistrict proceeding in response to a “no-poach” clause in a company’s franchise agreements, the Judicial Panel on Multidistrict Litigation emphasized that there must be both “disputed” factual issues and “significant discovery" to justify an MDL, says Alan Rothman of Arnold & Porter.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • What's Ahead For Autonomous Vehicle Test Driver Regs

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    After a handful of crashes over the last 18 months, all aspects of autonomous vehicle technology have come under increased scrutiny by regulators and lawmakers. Now test driver qualifications are under the microscope as well, say Eric Tanenblatt and Crawford Schneider of Dentons.

  • Opinion

    After Air Crashes, Prompt Compensation Is The Best Option

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    With Boeing's 737 MAX aircraft grounded worldwide, and investigations underway into two recent crashes, Boeing, the airlines involved and their insurers can choose either to engage in years of unnecessary and costly lawsuits or move quickly to compensate the families of the passengers, says Robert Alpert of the ICALM Group.

  • Climate Change And Insurance: Lliuya V. RWE Makes History

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    Though Lliuya v. RWE — the first European lawsuit in which a person affected by climate change has sued a private company — is currently pending in a German appeals court, the fact that it has been allowed to proceed presents a very real risk to businesses and their insurers, say attorneys at Zelle LLP.

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