Product Liability

  • 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.

  • September 16, 2021

    MVP: O'Melveny's Steve Brody

    Steve Brody led an O'Melveny & Myers LLP team in helping to convince a New Jersey appeals court that Brody's client, Johnson & Johnson unit Ethicon Inc., didn't get a fair shake when the lower court allowed regulatory evidence to be withheld, earning him a spot among Law360's 2021 Product Liability MVPs.

  • September 16, 2021

    Pa. AG Says DAs Can't Sue To Stop $26B Opioid Settlement

    The district attorneys for Pennsylvania's two biggest cities lack the authority or standing to sue the state attorney general's office over a $26 billion multistate settlement with opioid companies, the attorney general's office told a state appellate court.

  • September 16, 2021

    US Trustee To Appeal Sackler Releases In Purdue Ch. 11

    The U.S. Trustee's Office has told a New York bankruptcy judge it will appeal his order approving Purdue Pharma's Chapter 11 plan, saying the plan's liability releases for Purdue's Sackler family now-former owners go beyond the law and undermine confidence in the system.

  • September 15, 2021

    David Boies Threatened Theranos Whistleblower, Jury Told

    A former Theranos lab technician who filed a whistleblower complaint against the startup testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that she quit after her managers ignored her concerns with the accuracy of Theranos' blood tests, and said Theranos' then-counsel David Boies subsequently threatened to sue her.

  • September 15, 2021

    Mass. AG Deal Can't Save Philip Morris From $10M Punitives

    The Massachusetts Supreme Judicial Court ruled Wednesday that the widow of a smoker could keep $10 million in punitive damages she won in a trial against Philip Morris, saying a 1998 settlement involving the state's attorney general doesn't bar the award.

  • September 15, 2021

    8th Circ. Scraps Biker Appeal Over K&N Motorcycle Oil Filters

    The Eighth Circuit on Wednesday snuffed out a bid to revive a proposed class action related to motorcycle oil filters, finding that the bikers could not plausibly claim that the K&N Engineering, Inc. parts caused a minimum of $5 million in consumer damages.

  • September 15, 2021

    NY Judge Preserves Trucker's Fraud Claim Against CBD Co.

    A New York federal judge dismissed a racketeering claim filed by a trucker against a CBD company that he says cost him his job when he failed a drug test after sampling its product, but the suit's state-fraud claim has been preserved.

  • September 15, 2021

    Ford Settles 12 Suits In PowerShift Transmission MDL

    Ford Motor Co. and a group of 12 vehicle owners have reached a deal to resolve their suits alleging that the transmission systems in their vehicles were defective.

  • September 15, 2021

    MVP: Morgan & Morgan's James Young

    Morgan & Morgan's James Young secured a record $65 million settlement for the state of Montana against Big Tobacco that set a model for other states using false claims law principles to make similar deals, earning him a spot as one of Law360's 2021 Product Liability MVPs.

  • September 15, 2021

    FERC Shirked Climate Review Of LNG Project, DC Circ. Told

    The Federal Energy Regulatory Commission shirked its obligation to analyze and understand the environmental toll of a $45 billion liquefied natural gas project in Alaska, environmentalists told the D.C. Circuit while asking that approvals for the infrastructure be tossed.

  • September 14, 2021

    Holmes Fan's #MeToo Callout To Jurors Draws Judge's Ire

    U.S. District Judge Edward Davila admonished attendees of Elizabeth Holmes' fraud trial Tuesday not to interfere with jurors after a Holmes fan outside the courthouse shouted "Don't forget the #MeToo movement," kicking off a day of testimony by Theranos' former controller that highlighted how its debt ballooned while investors heard bullish revenue projections.

  • September 14, 2021

    CDC, FDA Issue Warnings About Delta-8 THC 'Weed Light'

    The federal Food and Drug Administration and Centers for Disease Control and Prevention issued warnings Tuesday about Delta-8-THC, a cannabinoid growing in popularity due to an apparent gap in the 2018 Farm Bill, saying Delta-8 may be billed as "weed light" but can still cause intense intoxication and adverse effects.

  • September 14, 2021

    Local Orgs Tell 4th Circ. Climate Claims Belong In State Court

    The Fourth Circuit should send Baltimore's lawsuit claiming a group of coal, gas and oil companies are responsible for climate-related infrastructure damages back to state court, according to a friend-of-the-court brief docketed Tuesday by a number of local government organizations such as the International Municipal Lawyers Association.

  • September 14, 2021

    'Red Flag' Expert's Opinion Limited In Opioid MDL

    An Ohio federal judge will limit the scope of an expert's testimony about how pharmacies failed to heed "red flags" meant to curb the diversion of opioids, saying he can opine that the alleged failure likely led to the drugs getting out on the streets, but he cannot establish a direct causal link.

  • September 14, 2021

    Mallinckrodt Aims To Push Back Ch. 11 Plan Hearing Until Oct.

    Drugmaker Mallinckrodt Corp. on Tuesday told a Delaware bankruptcy judge it wants to push back the confirmation hearing for its Chapter 11 plan to October to allow for more time to finalize changes to the plan created by recent creditor settlements.

  • September 14, 2021

    Vermont Latest To Sue Big Oil Over Climate Change

    Vermont has become the latest state or local government to try to force big oil companies to foot the bill for climate change, telling a state court Tuesday that years of deception prevented Green Mountain State consumers from making informed choices about buying fossil fuel products.

  • September 14, 2021

    NHTSA Asks Other Automakers For Aid On Tesla Probe

    The National Highway Traffic Safety Administration wants to compare Tesla Inc.'s driver assistance system Autopilot crash record with those of a dozen other vehicle manufacturers as part of the agency's ongoing investigation of the Elon Musk-founded company's cars, according to emails it sent Monday.

  • September 14, 2021

    Abrams & Bayliss Says Chancery Must Clarify Boeing Ruling

    Abrams & Bayliss has asked the Delaware Chancery Court to clarify a recent ruling that Boeing directors can't duck safety neglect claims stemming from deadly crashes of 737 Max jetliners, saying the decision "contains categorical statements" that the board misled the public about safety oversight without the court having resolved factual issues.

  • September 14, 2021

    These Firms Have The Most Women In Equity Partnerships

    Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

  • September 14, 2021

    MVP: Venable's Craig A. Thompson

    Representing some of the biggest medical companies in the world, such as Merck & Co. in litigation over its shingles vaccine Zostavax and Takeda Pharmaceuticals in multidistrict litigation over its proton pump inhibitors, has earned Venable's Craig A. Thompson a spot as one of Law360's 2021 Product Liability MVPs.

  • September 14, 2021

    Greenberg Traurig Taps Ex-FDA Atty For Litigation Team

    Greenberg Traurig LLP has added a veteran litigator from the U.S. Food and Drug Administration who also brings more than a decade of experience representing manufacturers in the pharmaceutical, medical device and product liability spaces.

  • September 13, 2021

    Alsup Grills PG&E Worker Over Record-Breaking Dixie Fire

    U.S. District Judge William Alsup questioned a Pacific Gas & Electric Corp. worker during a hearing Monday over the utility's role in sparking the largest single wildfire in California history this summer, puzzling over why PG&E didn't immediately de-energize power lines where anomalies were detected in a remote, fire-prone area.

  • September 13, 2021

    General Mills Buyers Take 2nd Shot At Fruit Snack Settlement

    A group of buyers alleging General Mills Inc. mislabels its fruit-flavored snacks as having no artificial flavor once again asked a California federal judge Monday to approve their settlement, saying the revised deal requires the food giant to completely remove the "no artificial flavors" label.

  • September 13, 2021

    28 Deepwater Claimants Hid Workers' Compensation, BP Says

    BP has called for the dismissal of 28 plaintiffs' suits in consolidated litigation in Florida federal court stemming from the 2010 Deepwater Horizon oil spill, saying the claimants "attempted to game the system" by seeking to recover damages for injuries for which they had already received workers' compensation payments.

Expert Analysis

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • And Now A Word From The Panel: Location Is Central

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    The Judicial Panel on Multidistrict Litigation's recent decision to centralize lawsuits over coffee labeling in Missouri, rather than in the locations suggested by either the plaintiffs or the defendants, highlights how venue selection can be one of the most unpredictable aspects of MDL practice, says Alan Rothman at Sidley.

  • Rebuttal

    There Is No 'Junk Science' Epidemic In Consumer Litigation

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    While corporations and tort reform groups seek to discredit plaintiffs' evidence as "junk science," as seen in a recent Law360 guest article, expert testimony standards apply to both sides of the aisle, and there is no evidence that junk is supplanting justice in consumer litigation, says Leigh O'Dell at Beasley Allen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • What Attorneys Should Know About State MDLs

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    Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.

  • Prepare Now For New PFAS Regulations In Calif.

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    Given the California Office of Environmental Health Hazard Assessment's recently announced plans to regulate more per- and polyfluoroalkyl substances, manufacturers, importers, distributors and retailers would be wise to review their supply chains for the presence of these chemicals, and prepare for aggressive enforcement and litigation, says Paul Jacobson at Spencer Fane.

  • Counties' Suit Against VW Could Complicate Emissions Regs

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    If the U.S. Supreme Court declines to overturn the Ninth Circuit's decision permitting counties to sue Volkswagen over tampering with automobile emissions control devices, the result could create significant uncertainty around federal administration of vehicle emissions regulations, says John Mizerak at Covington.

  • Aggregating Claimant And Case Data In Mass Torts

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    In complex cases like product liability mass torts, information about claimants and cases may be in disparate databases, making identifying the number of plaintiffs a key challenge — but legal teams can take steps to centralize case data and simplify discovery, say Kenneth Jones and Pamela Kaplan at Tanenbaum Keale.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • EU Medical Device Regulation May Spur Litigation Uptick

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    By bringing European Union medical device standards into closer alignment with those of the U.S., a new EU regulation may increase product liability claims against device manufacturers based on ad hoc data that may not have the benefit of regulatory verification, say attorneys at DLA Piper.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • What Cos. Must Know About New Sesame Allergen Labeling

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    To ensure compliance with the FASTER Act, a new federal law designating sesame as a major food allergen, companies should assess food product labeling and food manufacturing practices, and keep comprehensive documentation of their sesame-related controls and procedures, say attorneys at Covington & Burling.

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