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Product Liability

  • December 13, 2018

    NY AG Sues Target, Walmart Over Toxic Lead In Kids' Toys

    New York’s attorney general sued Target Corp. and Walmart Inc. in state court Thursday, alleging the retail giants sold jewelry-making kits for kids that contained illegally high levels of lead and saying “no parent should have to worry that their child’s toy may be toxic.”

  • December 13, 2018

    Moldy Mercedes-Benz HVAC Systems ‘Foul,’ Suit Claims

    Mercedes-Benz USA LLC and its parent company Daimler AG were hit with a lawsuit in New Jersey federal court Wednesday, claiming in the third putative class action of its kind that the companies knowingly sold vehicles with defective HVAC systems that create mold build-up and cause an "unbearable," foul smell.

  • December 13, 2018

    Drunk Man's Fall Not Cruise Line's Fault, 11th Circ. Says

    The Eleventh Circuit affirmed a Florida district court’s decision Thursday dismissing a negligence suit brought against Norwegian Cruise Lines by an injured passenger who drank too much and proceeded to wander into a crew-only area, where he fell down an escape hatch and injured himself.

  • December 13, 2018

    Nissan 'Breached No Warranty,' Wants Floorboard Suit Nixed

    Nissan North America Inc. asked a Missouri federal court on Wednesday for a quick win in a suit accusing the automaker of selling Altimas with defective floorboards that prematurely rust, saying it has not breached its express or implied warranties and did not conceal knowledge of the defect.

  • December 13, 2018

    FDA Nixes Proposed Rule On Generic-Drug Warning Labels

    The U.S. Food and Drug Administration on Thursday said that it was withdrawing a proposed rule that would have allowed generic-drug makers to independently update drug labeling to include new safety information, saying it could have increased industry costs that might have been shifted to patients.

  • December 13, 2018

    'Put Up Or Shut Up' In Fraud Suit, Fiat Chrysler Tells Investors

    Fiat Chrysler Automobiles asked a New York federal judge for summary judgment Wednesday against investors alleging it lied about complying with safety regulations and cheating on emissions tests, saying they need to "put up or shut up" now that discovery produced no evidence to support their claims.

  • December 13, 2018

    Top Product Liability Cases Of 2018

    A since-slashed $289 million jury verdict in the first case to go to trial over claims that Monsanto's Roundup weedkiller causes cancer and a mix of verdicts in Johnson & Johnson topped the list of significant product liability cases of 2018.

  • December 13, 2018

    Ford Transmission Case Belongs in Federal Court: 9th Circ.

    The Ninth Circuit has reversed a California federal court’s finding that a proposed class action against Ford over faulty transmissions in certain F-150 trucks belongs in state court, saying Ford proved potential restitution more than meets the $5 million federal jurisdictional threshold.

  • December 13, 2018

    Insys Slams BCBS Privilege Claim In $19M Fentanyl Suit

    Fentanyl maker Insys Therapeutics Inc. has filed a blistering request in Arizona federal court to wrest documents from Blue Cross Blue Shield over the insurer's allegations that Insys conjured up $19 million worth of bogus prescriptions for the powerful opiate, calling the insurer's attorney-client privilege claims a fiction.

  • December 13, 2018

    Engineering Co. Worker's $3.3M Injury Award Cut To $600K

    A Florida federal judge cut down a $3.3 million award by a jury to a woman whose hands were mangled by an R.T. Engineering Corp. wire bundling machine, downgrading it to  $608,744.

  • December 13, 2018

    5 Of 6 NECC Defendants Guilty In Latest Trial

    A jury found five of six former New England Compounding Center employees guilty Thursday after a week of deliberations in Boston federal court in the third criminal trial related to the Framingham, Massachusetts, facility, whose contaminated steroids killed 64 and infected almost 800 others in a nationwide meningitis outbreak in 2012.  

  • December 12, 2018

    VW Banks On Federal Shield To Beat States' Emissions Suits

    Volkswagen AG’s recent wins against states that separately sued the German automaker for environmental or anti-tampering law violations over its 2015 diesel emissions-cheating scandal have reinforced the federal government’s authority to regulate motor vehicle and emissions standards, spelling trouble for other pending state and county lawsuits.

  • December 12, 2018

    'SuperStarch' Maker Settles Suit Over Performance Claims

    The maker of sports drinks and bars advertised to contain the performance-enhancing “SuperStarch” has settled a proposed class action brought by an Illinois man who claimed the products actually impaired athletes by causing them gastrointestinal distress, according to an attorney who worked on the case.

  • December 12, 2018

    FDA Boss Vows Crackdown On Stem Cell, Supplement Cos.

    The U.S. Food and Drug Administration’s leader on Wednesday said that tougher enforcement is coming in early 2019 for bogus claims or shoddy manufacturing involving stem cell therapies, dietary supplements and compounded drugs.

  • December 12, 2018

    Pa. Businesses Sue Drone Maker Over $1.4M Fire

    The tenants of a Pittsburgh-area office building have filed a Pennsylvania state court suit against DJI Technology Inc., blaming the company for allegedly defective drone batteries that sparked a December 2016 fire resulting in more than $1.4 million worth of damage to businesses and a restaurant in the building.

  • December 12, 2018

    Some Damages Cut, But $1.7M Restored In Fla. Smoking Case

    A Florida appeals court on Wednesday vacated $650,000 in punitive damages in a jury verdict against R.J. Reynolds and Philip Morris but affirmed $5.4 million in compensatory damages granted to a smoker's widower and found the trial court had improperly reduced that amount for comparative fault.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    Calif. Wildfires' Insured Losses Top $9B, Official Says

    Insurers are expected to shell out more than $9 billion to cover policyholders’ losses in a spate of deadly wildfires that ravaged California last month, according to an estimate Wednesday from the state’s insurance regulator.

  • December 12, 2018

    'Bundle' Buys Don't Avert FCA Liability, Feds Say In Bayer Suit

    The federal government has weighed in on a whistleblower suit accusing Bayer Corp. of paying kickbacks to get doctors to use a surgery drug called Trasylol, saying the company can still be held liable under the False Claims Act even though the government pays for the drugs as part of a bundle rather than individually.

  • December 12, 2018

    Pa. Appeals Court To Rethink Jurisdiction In NYC Siren Suit

    A Pennsylvania appeals court has ordered an en banc rehearing after a three-judge panel ruled in September that a siren manufacturer's registration to do business in the state allowed the Philadelphia County court to preside over hearing-loss claims brought by a group of New York City firefighters.

Expert Analysis

  • How Brexit May Change UK Food Labeling Rules

    Ravi Randhawa

    Producers and distributors of food products in the U.K. will be pleased to know that, should there be a no-deal Brexit, they may not need to change food labels and packaging from day one, as the government is proposing grace periods for some required labeling changes, says Ravi Randhawa of Gowling WLG.

  • How Life Sciences Cos. Can Prepare For Legal And PR Crises

    Mark Goodman

    Life sciences companies are susceptible to a wide range of crises that could expose them to legal liability and destroy their reputations. Sometimes, however, the greatest risks will come not from the facts that led to a crisis, but from the company's response, say attorneys at Debevoise & Plimpton LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Revising FDA 510(k) Poses Challenges For Device Makers

    Patricia Kaufman

    The U.S. Food and Drug Administration wants to "modernize" the approval process for medical devices based on older products by encouraging developers to use more modern devices as predicates. This does not mean older devices are unsafe, but the negative implication seems undeniable, say Patricia Kaufman and Joel Schwartz of Stinson Leonard Street LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • The Romaine Health Advisory: Scope And Implications

    Leslie Krasny

    Days before Thanksgiving, the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention recommended that consumers avoid eating romaine lettuce from any source. The broad scope of the advisory reflected the challenge of obtaining precise supply chain information, say Leslie Krasny and Nury Yoo of Keller and Heckman LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Potential Impact Of New FDA Nutrition Label Requirements

    Lawrence Reichman

    Food companies are required to comply with updates to the U.S. Food and Drug Administration's Nutrition Facts labeling requirements by 2020. Lawrence Reichman and Cassie Roberts of Perkins Coie LLP review the changes and discuss possible effects on consumers and manufacturers.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.