Product Liability

  • June 22, 2017

    Another Sempra Gas Leak Investor Suit Is Tossed, For Now

    A California federal judge on Tuesday tossed allegations that Sempra Energy and subsidiary SoCalGas misled shareholders by hiding the strain facing their infrastructure ahead of the massive Aliso Canyon natural gas leak, saying investors had failed to show specific evidence of deception.

  • June 22, 2017

    Tobacco Cos. Ask Fla. Justices To Weigh In On Atty Fee Row

    Philip Morris USA Inc. and Liggett Group LLC asked the Florida Supreme Court on Wednesday to reverse the award of attorneys' fees and costs for a smoker who won a $35 million jury award, arguing that the lower courts of appeal are divided on whether or not email service is required to comply with the offer of judgment statute.

  • June 22, 2017

    EPA Releases New TSCA Prioritization, Risk Evaluation Rules

    The U.S. Environmental Protection Agency on Thursday issued new rules and guidance that implement recent revisions to the Toxic Substances Control Act, including a framework for evaluating chemical risks and a method of prioritizing chemicals for review.

  • June 22, 2017

    Judge Denies Acquittal Bid In Meningitis Outbreak Case

    A federal judge in Massachusetts on Thursday declined to toss the racketeering and mail fraud convictions of a pharmacist whose company, the New England Compounding Center, was linked to the deadly 2012 meningitis outbreak.

  • June 22, 2017

    Honda Asks To Use Takata Guilty Plea In Its Air Bag Defense

    American Honda Motor Co. on Wednesday asked the Florida federal court overseeing the multidistrict litigation over Takata’s potentially deadly air bags to let it use Takata’s criminal guilty plea as part of its defense, saying that the facts therein are crucial to its arguments.

  • June 22, 2017

    Pfizer Wins Interlocutory Review In Vfend Whistleblower Suit

    A Pennsylvania federal judge agreed Thursday to allow the Third Circuit to weigh in on whether he should have granted a motion from Pfizer Inc. to throw out a whistleblower suit accusing the company of pushing illegal off-label use of its antifungal medication Vfend.

  • June 22, 2017

    2 Bellwethers Selected Against Lilly In Testosterone MDL

    The Illinois federal judge overseeing multidistrict litigation against manufacturers of testosterone replacement therapy drugs on Thursday selected the first two cases that will go to trial against Eli Lilly and Co.

  • June 22, 2017

    Ind. Pharmacy Heads Charged With Selling Misdosed Drugs

    The owner and compliance director of an Indiana specialty pharmacy have been charged with defrauding the government by selling adulterated drugs, namely by knowingly providing drugs that were more potent or less potent than the label stated, federal prosecutors announced Thursday.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

  • June 22, 2017

    Purchasers Seek Cert. In Alere Blood Monitor Suit

    Consumers suing Alere Inc. over allegedly defective home blood-clot testing kits asked a California federal judge Wednesday for class certification in multiple states.

  • June 22, 2017

    Pa. Justices Snub Appeal Of Axed $14.5M Asbestos Verdict

    The Pennsylvania Supreme Court said Wednesday it would not hear an appeal of a decision axing a $14.5 million asbestos verdict on grounds that a trial judge improperly admitted expert testimony stating that every exposure to the carcinogen must be considered a cause of mesothelioma.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Mintz Levin Nabs Sedgwick Product Liability Litigators

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired two Sedgwick LLP litigators specialized in product liability disputes in the life science industries to join the firm’s expanding Los Angeles office, Mintz Levin said Thursday.

  • June 22, 2017

    Enviros Press FERC For Full Probe Of ETP $4.2B Pipeline

    Environmentalists on Wednesday urged the Federal Energy Regulatory Commission to launch a full enforcement investigation into Energy Transfer Partners LP over drilling fluid leaks from its $4.2 billion Rover pipeline project in Ohio and stop all construction until the investigation is complete.

  • June 22, 2017

    Show Me Lab Tests, Judge In Trader Joe's Truffle Tussle Says

    A would-be class of aggrieved gourmets was ordered Thursday by a Manhattan federal judge to add lab tests to a suit alleging grocery giant Trader Joe Co. hawks fake black truffle olive oil to unwitting shoppers.

  • June 22, 2017

    Lawn Mower Victim Seeks To Vacate Jury Decision

    A man whose lawn mower maimed his dominant hand urged a Massachusetts federal judge Wednesday to either vacate a jury’s decision that the mower did not cause his injuries or grant a new trial, saying the jury’s finding that the mower was defective indicates the manufacturer was at fault.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Noncitizen 9/11 Victims, Families Denied Damages From Iran

    A New York federal judge Tuesday adopted a magistrate judge's recommendations in multidistrict litigation against the Islamic Republic of Iran, saying the estates of non-U.S. citizens who died in the Sept. 11, 2001, terrorist attacks are not entitled to damages because neither the deceased nor their family members are U.S. nationals.

  • June 21, 2017

    Girardi Keese Sued For Accounting Of $120M In Settlements

    Thomas Girardi and his firm, Girardi Keese, are facing a California lawsuit asking for an accounting of what was done with about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit. 

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Shrinking Doctrine Of Specific Personal Jurisdiction

    Grant Esposito

    The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • The Evolution Of Opioid Suits And Insurance Coverage

    Adam Fleischer

    In the midst of the worst drug crisis in American history, two key developments this month may have far-reaching impacts on both the underlying liability claims as well as the insurers to whom the defendants are looking to finance hundreds of millions of dollars in exposure, says Adam Fleischer of BatesCarey LLP.

  • Understanding Product Liability Settlements Down Under

    Bettina Sorbello

    As in the U.S., a product liability lawsuit in Australia can be resolved through an out-of-court settlement agreement. But the mechanisms for settlement in Australian litigation differ from how cases are settled in the U.S. Knowing the settlement landscape and possible costs consequences is important for U.S.-based companies who operate or distribute in Australia, says Bettina Sorbello of DibbsBarker.

  • How Science Days Are Changing Talc Litigation

    David Schwartz

    Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.