Product Liability

  • September 21, 2021

    Vaping Industry Rips Into FDA After Nearly 1M Products Pulled

    The U.S. Food and Drug Administration's announcement that hundreds of thousands of flavored e-cigarettes must be taken off the market, while delaying a decision on industry leader Juul's products, has frustrated industry and public health advocates who see a lack of transparency over what specifically disqualifies a vaping product.

  • September 21, 2021

    NJ Court Won't Stop J&J's 'Texas Two-Step' In Talc Suits

    A New Jersey state judge refused to preemptively block Johnson & Johnson from engaging in a bankruptcy maneuver, the so-called Texas Two-Step, that cancer patients say would unlawfully shield company assets from claims its talcum powder products caused their illness.

  • September 21, 2021

    Feds Didn't Tell Oil Cos. To Deceive Hawaiians, 9th Circ. Hears

    Maui and Honolulu urged the Ninth Circuit to keep their suits seeking climate change-related infrastructure damages in state court, arguing virtually no federal courts have found credible a claim by fossil fuel companies that they produced oil at the behest of the federal government.

  • September 21, 2021

    Ga. High Court Won't Drop Rule On Foreign Co. Jurisdiction

    The Georgia Supreme Court on Tuesday declined to overrule a nearly 30-year-old precedent granting state courts jurisdiction over companies registered to do business in the state, allowing a suit over faulty tires to go forward.

  • September 21, 2021

    Honeywell Fights Ch. 11 Asbestos Trust Over $2.3B Liability

    Honeywell Inc. and the asbestos injury trust created under the Chapter 11 plan of its former affiliate North American Refractories Co. traded complaints late Monday in a Pennsylvania bankruptcy court over the distribution of the trust's $2.3 billion in funds, for which Honeywell is liable.

  • September 21, 2021

    Paragard IUD Maker Wants 'Shotgun' MDL Claims Tossed

    The makers of the Paragard birth control device asked a Georgia federal judge on Tuesday to toss the master complaint in multidistrict litigation comprising almost 500 plaintiffs who say the device is defective, saying it's a shotgun pleading without specificity.

  • September 20, 2021

    Walmart Beats Greenpeace's Recycling Label Suit, For Now

    A California federal judge on Monday dismissed Greenpeace's lawsuit accusing Walmart Inc. of falsely labeling certain products as recyclable, finding that the environmental nonprofit lacked standing since it failed to show that it relied on the veracity of Walmart's recycling representations.

  • September 20, 2021

    J&J May Court Trouble With 'Texas Two-Step' Talc Gambit

    An untested legal maneuver could help Johnson & Johnson wipe out billions of dollars in claims over its allegedly cancer-causing talcum powder, but pending legislation and likely fraud allegations may block a move plaintiffs' lawyers deride as a "Texas two-step."

  • September 20, 2021

    Imerys Ch. 11 Vote Change Challenged By Del. Judge

    A Delaware bankruptcy judge questioned attorneys for a group of talc injury claimants Monday who want to change their votes on the Chapter 11 plan of Imerys Talc America, seeking to determine if their change request was submitted in good faith since the claims were only subject to minimal vetting.

  • September 20, 2021

    Auto Parts Maker Escapes Suit Over Fatal Factory Accident

    A Michigan federal judge on Monday freed auto parts maker Flex-N-Gate LLC from a suit over a maintenance worker who was killed by a faulty robot, saying state law blocks her husband's negligence claims.

  • September 20, 2021

    Judge Limits Stanford Doctor's Testimony In Opioid MDL

    An Ohio federal judge narrowed what a Stanford University doctor will be allowed to testify about when it comes to aspects of opioid pharmacy operations during an upcoming bellwether trial, but she will allow the expert to speak on alleged "red flags" the industry ignored.

  • September 20, 2021

    Juul, Altria Fight Investors' Class Certification Bid

    Tobacco company Altria Group Inc. and vaping company Juul Labs Inc. have asked a Virginia federal judge to deny a proposed group of investors' request for class certification in a suit over claims the companies knowingly marketed to underage consumers.

  • September 20, 2021

    Oil Cos. Ask 1st Circ. To Put Climate Fight In Federal Court

    A group of oil companies has told the First Circuit that a suit from Rhode Island alleging they concealed their role in climate change belongs in federal court, saying the case hinges on whether their operations caused pollution across state and country lines, putting it beyond the scope of one state's legal system.

  • September 20, 2021

    Md. Judge Axes Pabst, Others From $4.8M Superfund Suit

    Twenty-six companies have dodged a roughly $4.8 million Superfund suit over cleanup costs of hazardous substances at Baltimore-area landfills after a federal judge found many of the allegations against them were speculative or simply paltry.

  • September 17, 2021

    Holmes Rushed Device Testing For Walgreens Deal, Jury Told

    A former Theranos team manager testified in ex-CEO Elizabeth Holmes' criminal fraud trial Friday that she quit after concluding Holmes was rushing the deployment of its Edison devices to fulfill the company's new deal with Walgreens, saying Holmes pressured her team to validate Edison blood tests despite known problems with the device.

  • September 17, 2021

    Endo's Attys In 'Career-Wrecking' Peril As Opioid Woes Grow

    A flash flood of misconduct inquiries in opioid litigation across the country is rapidly engulfing Endo Pharmaceuticals and threatening to inflict considerable damage on the professional reputations of its Arnold & Porter attorneys, according to legal filings, court proceedings and interviews.

  • September 17, 2021

    Family of Pilot Killed Fighting Wildfire Sues Helicopter Maker

    A veteran helicopter pilot fatally crashed while battling a 2020 wildfire in Oregon's woodlands because of defects and faulty design that manufacturer Kaman Aerospace Corp. was aware of, according to a lawsuit filed Friday in Montana district court.

  • September 17, 2021

    DePuy Escapes Implant Suit After Expert Is Limited

    A New York federal judge on Friday freed DePuy Orthopaedics Inc. from a suit alleging components it manufactured were defective and caused a hip implant to injure a patient, after finding that an expert's testimony was correctly limited to exclude discussion of DePuy's products.

  • September 17, 2021

    Judge OKs $2M Preliminary Deal in Indivior Stock Drop Suit

    A New Jersey federal judge has approved a $2 million settlement to resolve claims by Indivior PLC investors concerning the drop in the company's stock price following its indictment for downplaying the addictive qualities of its opioid treatment drug, Suboxone.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

  • September 16, 2021

    Ohio Cuts $808M Opioid Distributor Deal Plus $42M Legal Fee

    The nation's three largest drug distributors struck an $808 million deal with Ohio, and agreed to pay $42.4 million in legal fees and implement reforms, to end the Buckeye State's claims in opioid litigation in relation to an upcoming nationwide settlement, the state attorney general announced Thursday.

  • September 16, 2021

    Ga. Judges Deny LG Chem's Bid To End Faulty Battery Case

    South Korean manufacturer LG Chem Ltd. can't escape the jurisdiction of a Georgia state court in an exploding battery case because it directs its products into the Peach State's stream of commerce, the Georgia Court of Appeals ruled on Thursday.

  • September 16, 2021

    Galena Settles Investors' Revived Opioid Row For $1.6M

    A group of investors has urged a New Jersey federal judge to grant preliminary approval to a $1.6 million settlement with Galena Biopharma Inc. to resolve allegations the company caused a stock drop with purported misrepresentations regarding its fentanyl-based drug Abstral.

  • September 16, 2021

    Imerys Tort Claimants Want To Change Ch. 11 Vote To 'Yes'

    The tort claimants committee in the Imerys Talc America Chapter 11 has asked a Delaware bankruptcy judge to let a pair of law firms go ahead with their intention to switch more than 16,000 tort claimant votes on the company's restructuring plan from "no" to "yes," saying new information justified the change.

  • September 16, 2021

    Patient Says Removal Of Ethicon Mesh Didn't Tip Her To Injury

    A Pennsylvania woman didn't connect the dots between a painful, pinching sensation and an Ethicon hernia mesh, even though her surgeon told her it "didn't work" in 2008, so the clock didn't start ticking on when she could sue the company, her attorney told a Pittsburgh federal judge Thursday.

Expert Analysis

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Justices' Guam Ruling May Give New Life To CERCLA Claims

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    The U.S. Supreme Court's recent ruling in Guam v. U.S. could revive Comprehensive Environmental Response, Compensation and Liability Act claims that were previously thought resolved by settlements made under non-CERCLA statutory schemes, such as state remediation laws, say Duke McCall and Meredith Compton at Morgan Lewis.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Roundup Case Shows State Law Can Top Preemption Defense

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    The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v. Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Snapchat Case May Offer Opening For Design Defect Plaintiffs

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    The Ninth Circuit's recent ruling in Lemmon v. Snap aligns with prior Communications Decency Act cases establishing internet platforms' immunity for third-party content, but may help plaintiffs who can show how a platform's design affected users negatively, say James Rotondo and Andrew Ammirati at Day Pitney.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

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