Product Liability

  • June 27, 2019

    Waste Co. Agrees To Ill. AG's Spill Cleanup Terms

    An environmental management company has agreed to clean up an area contaminated by hazardous waste that one of its trucks spilled onto an Illinois road, days after the state attorney general filed suit over the incident.

  • June 27, 2019

    The Firms That Won Big At The Supreme Court

    Arguing one Supreme Court case is no mean feat, and only a handful of law firms tackled at least three during the latest high court term. Here’s a look at those high-profile battles, and which firms emerged victorious once the dust settled.

  • June 27, 2019

    New Yorker Alleges Defective Apple Watch Burned Her Wrist

    A New York woman has sued Apple Inc. on allegations an Apple Watch spontaneously burned her wrist because of the product's defective design.

  • June 27, 2019

    J&J Gets Case Removal Extension In Talc Supplier's Ch. 11

    A Delaware bankruptcy judge granted Johnson & Johnson more time to seek the removal to federal court of thousands of asbestos-related personal injury cases related to the Chapter 11 case of its talc supplier Imerys Talc America Inc., while holding off on a request from several insurers dealing with liability arising from claims.

  • June 27, 2019

    Judge Asks 3rd Circ. To Probe Pa. Device Defect Claim

    A Pennsylvania federal judge has found that state law bars a woman from pursuing strict liability claims over complications she suffered from a C.R. Bard Inc. pelvic mesh implant, but asked the Third Circuit to help decide the issue in the absence of binding precedent by the Pennsylvania Supreme Court.

  • June 27, 2019

    2nd Circ. Cans Diet Coke Drinkers' False Ad Suit

    The third time was not the charm for diet soda drinkers Thursday when the Second Circuit rejected an appeal in a suit claiming the "diet" labeling on Diet Coke was misleading, the third such suit against diet soda makers the panel has heard — and dismissed — since March.

  • June 26, 2019

    J&J Can't Blame Okla. For Opioid Crisis, Official Testifies

    The head of Oklahoma's drug treatment efforts took offense Wednesday to a Johnson & Johnson attorney's suggestion during a combative cross-examination that the state itself bears some responsibility for the opioid crisis, fighting back tears as she said J&J was "dropping bombs" with its drug marketing and then blaming its victims for not building bomb shelters.

  • June 26, 2019

    Allstate, Electrolux Settle 11 Dryer Fire Suits In Mediation

    Allstate Insurance Co. and Electrolux Home Products Inc. have reached mediated settlements on nearly a dozen lawsuits over allegedly defective clothes dryers that caught fire, and more such deals may be on their way, according to a federal court filing in Pennsylvania.

  • June 26, 2019

    PG&E Wildfire Claims Must Be Filed By Oct. 21, Judge Says

    Northern California wildfire victims have until Oct. 21 to file proof of claims against Pacific Gas and Electric Co., a California federal bankruptcy judge ruled Wednesday, over objections from Elizabeth Cabraser of Lieff Cabraser that more time is needed to reach fire victims via targeted online ads and traditional media.

  • June 26, 2019

    Bayer Taps Skadden Atty To Advise On Roundup Litigation

    Bayer AG on Wednesday said that it has tapped Skadden Arps Slate Meagher & Flom LLP's John Beisner to advise the company on the ongoing litigation over its weedkiller Roundup.

  • June 26, 2019

    Fla. Court Reverses Jury Verdict In RJ Reynolds' Favor

    A Florida appeals court on Wednesday reversed a jury verdict in favor of R.J. Reynolds in an Engle progeny case, saying that the verdict against a deceased smoker was based on speculation.

  • June 26, 2019

    Ill. City Ends Pipeline Pollution Suit Against Utilities

    An Illinois city has ended its lawsuit accusing two utilities of polluting the Chicago suburb with abandoned leaky gas pipelines after a judge said the case was unlikely to succeed, according to a court filing made public Tuesday.

  • June 26, 2019

    Mercedes, Bosch Denied Quick Appeal Of NJ Emissions Suit

    Mercedes-Benz USA LLC, Daimler AG and Robert Bosch LLC cannot pursue an early appeal of a New Jersey federal judge’s recent decision keeping alive the bulk of a racketeering class action that claims they knowingly sold diesel vehicles rigged with emissions-cheating software.

  • June 26, 2019

    2nd Of 5 NY Docs Eyed For Taking Insys Kickbacks Cops Plea

    A doctor admitted Wednesday to taking cash from Insys Inc. to prescribe its Subsys painkiller to patients, becoming the second of five New York physicians charged in Manhattan federal court to admit guilt in an anti-kickback prosecution.

  • June 25, 2019

    Opioid Deaths Will Rise Without J&J Fix, Okla. Judge Told

    The head of Oklahoma's Department of Mental Health and Substance Abuse Services took the stand Tuesday as the state's final witness in its trailblazing trial seeking to hold Johnson & Johnson liable for the opioid crisis, testifying that without a J&J-funded abatement plan, "more Oklahomans will die."

  • June 25, 2019

    PG&E Bondholders Propose $30B Ch. 11 Plan

    A group of Pacific Gas and Electric noteholders told a California bankruptcy court Tuesday that the utility has had enough time to present its Chapter 11 plan and that they should be allowed to put forward their own $30 billion proposal to turn the company around.

  • June 25, 2019

    Opioid MDL Judge Seems Open To Novel Deal Approach

    The Ohio federal judge overseeing the opioid multidistrict litigation appeared receptive Tuesday to an inventive proposal to create a class of local governments to negotiate a global settlement with drug companies accused of fueling the addiction crisis, saying novel problems need novel solutions.

  • June 25, 2019

    TGI Fridays Seeks To Crush Suit Over 'Potato Skins' Snacks

    TGI Friday’s Inc. told a Manhattan federal judge on Tuesday that it will seek to junk a lawsuit claiming it misled customers by selling “potato skin” chips that allegedly contained no potato skins, as the aggrieved snacker signaled openness to a settlement.

  • June 25, 2019

    Stem Cell Patients Win Cert. In 'Complex And Troubling' Suit

    Stem cell therapy patients accusing a provider of wrongfully marketing and selling stem cell treatments nationwide have attained class certification by a whisker, as a California federal judge cautioned of "dangers down the road" in the "complex and troubling case."

  • June 25, 2019

    Colgate False Ad Class Cert. Washes Out In 9th Circ.

    The Ninth Circuit won't let customers certify a class in California in a suit accusing Colgate-Palmolive Co. of falsely advertising that its Optic White toothpaste whitens teeth.

  • June 25, 2019

    CSX Opposes Cert. For Pa. Town Emptied By Derailment

    CSX Transportation has opposed an effort to certify a class action lawsuit for residents of a western Pennsylvania town evacuated during a fiery 2017 train derailment, since the inconvenience, cost and fear suffered by the 1,000-plus evacuees varied so widely from person to person.

  • June 25, 2019

    Insurers Recoup $270K In Coverage For Bridge Collapse

    A Florida federal judge granted Travelers Indemnity Co. of Connecticut and Phoenix Insurance Co. permission Monday to claw back about $270,000 in defense costs they had advanced to an engineering company that was sued over the deadly collapse of a pedestrian bridge near Miami.

  • June 25, 2019

    NJ Court OKs $500K Luxury Apartment Fire Settlement

    A New Jersey federal court approved a settlement of potentially $500,000 between an Edgewater, New Jersey, luxury apartment complex developer and former residents who were temporarily displaced by a 2015 fire at one of the developer's properties.

  • June 25, 2019

    7th Circ. Won't Revive Yacht Buyer's Suit Over Engine Claims

    A company claiming it bought a yacht with a faulty engine can't retry its $1 million claim against the American manufacturer because it didn’t prove it was entitled to damages, not even for the vessel’s scrap parts, the Seventh Circuit said Tuesday.

  • June 24, 2019

    Teva Pharma Gets Nod For $85M Opioid Deal With Okla. AG

    An Oklahoma state judge has signed off on an $85 million deal between Teva Pharmaceuticals and the state of Oklahoma, putting to rest the state’s suit over the company’s alleged role in the opioid crisis, according to a consent order entered Monday.

Expert Analysis

  • The Latest On Vapor Intrusion Regs In Calif.

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    Recent and upcoming vapor intrusion policies from California environmental regulators will increase the number of properties investigated, shift the focus to indoor air sampling, and possibly affect real estate transactions, say Catherine Johnson and Dorothy Dickey of Environmental General Counsel LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Illinois Has Raised Liability Risk For Nonmanufacturer Cos.

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    In Cassidy v. China Vitamins, the Illinois Supreme Court overturned previous interpretations of Illinois law that shielded nonmanufacturer defendants in strict product liability cases. Distributors and retailers may now find it useful to take a hard look at the value of their relationships with lawsuit-prone foreign manufacturers, says Symone Shinton of Greenberg Traurig LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Aviation Watch: Is The 737 MAX Safe To Fly?

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    The Federal Aviation Administration is often criticized for being a captive of the industries it regulates, but last week's FAA order grounding Boeing's 737 MAX aircraft resulted from presidential pressure. When such considerations override the agency's professional judgments, the traveling public suffers, says Alan Hoffman, a retired product liability attorney and private pilot.

  • Refreshed Efficiency Regulations May Impact Appliance Cos.

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    With the U.S. Department of Energy proposing to rewrite its process for determining energy efficiency standards under the Energy Policy and Conservation Act, appliance manufacturers and importers must understand how these changes may affect their products, say attorneys with Crowell & Moring LLP.

  • Opinion

    FTC Must Step Up Policies On False 'Made In USA' Claims

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    While the Federal Trade Commission is mandated to defend the integrity of "made in USA" labels, settlements in recent years have established a trend of failing to punish even the most egregious of fraudulent claims, says Anson Smuts of O'Keefe.

  • Rebuttal

    Attys In Opioid Suits Are Holding Big Pharma Accountable

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    A recent Law360 guest article suggested that law firms representing states and municipalities against opioid manufacturers are unscrupulous for working on a contingency basis. But these plaintiffs cannot afford the enormous costs and need contingency-based lawyers, says David Scott of Scott & Scott Attorneys at Law LLP.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

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