A Johnson & Johnson unit on Tuesday urged the Pennsylvania Supreme Court to leave standing a recent decision jeopardizing thousands of pending lawsuits by rolling back the clock on when claims of abnormal breast growth allegedly linked to the antipsychotic drug Risperdal began to expire.
A proposed class action accusing a dog food maker of falsely advertising its products as safe and made with premium meats was kept alive Tuesday by a Washington federal judge, who noted that although the suit has issues, they can be addressed with additional facts in an amended complaint.
A patient has urged an Illinois federal court to order a new trial on all of his claims rather than maintain its decision to hold a new trial on just one claim in the first bellwether case to reach a verdict in multidistrict litigation over testosterone replacement therapies including AbbVie Inc.’s AndroGel, noting the court determined the jury verdict awarding him $150 million in punitive damages was inconsistent.
A Michigan federal judge on Tuesday denied bids by General Motors LLC and Robert Bosch LLC to escape a proposed class action claiming that so-called defeat devices similar to those used in Volkswagen’s diesel cars are installed in some GM vehicles, saying the drivers plausibly alleged a conspiracy.
An electron microscopist told New Jersey jurors Tuesday that he found asbestos in more than half of the 32 samples of Johnson & Johnson talcum powder products he had examined during a trial over the mesothelioma a man says he developed as a result of his using J&J’s products.
A lawsuit filed by a Chapter 7 trustee in the bankruptcy of Chicago's Yellow Cab Affiliation Inc. accusing one of its subsidiaries of stashing assets contains too many plainly false allegations to go forward, the subsidiary said Tuesday.
A Pennsylvania appeals court on Tuesday rejected efforts by a Johnson & Johnson unit to challenge expert testimony relied on by jurors in finding that the antipsychotic drug Risperdal had caused a Maryland boy to grow female breast tissue.
A consumer has hit a snackmaker selling supposedly “ancient grain” chips with a $5 million false advertising suit in New York federal court, saying the product is also made with rice, peas and other modern-day ingredients.
Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.
Hair products manufacturer Monat was hit with a proposed class action Tuesday in Florida federal court alleging the company misrepresents that its products are safe and can aid in hair regrowth, when in reality they can cause irritation and hair loss.
Washington state told the Ninth Circuit on Tuesday that a federal district court judge was right to grant the state’s request to remand its lawsuit against Monsanto Co. over the alleged contamination of waterways with polychlorinated biphenyls to state court.
3M Company cut an $850 million deal with the state of Minnesota to resolve allegations it knowingly dumped chemicals into groundwater, impacting local wildlife and posing health risks to nearby communities, just as the dispute was set to go to trial, the parties announced Tuesday.
A case that helped redefine product liability law in Pennsylvania was teed up for a new trial Friday after the state’s Superior Court said jurors had not been properly instructed on how to determine whether steel tubing linked to a lightning-sparked house fire was legally defective.
The U.S. Food and Drug Administration found issues with the way customer complaints were handled and how problems were investigated at a Pfizer plant in Kansas, a facility that has landed in the crosshairs of the agency before. Here’s this week’s roundup of the agency’s enforcement actions.
The U.S. Supreme Court on Tuesday declined review in several environmental cases, including challenges to how the U.S. Environmental Protection Agency interpreted an Eighth Circuit finding that it improperly crafted water pollution rules, and to the Third Circuit’s decision to toss a group of Pennsylvania residents’ lawsuit alleging they developed cancer after exposure to a nuclear facility’s emissions.
The U.S. Supreme Court on Tuesday refused to revive a malpractice and product liability suit against a California hospital and General Electric bought by a “vexatious litigant” — as deemed by a California court — who claimed a GE-made CT scan exposed him to unacceptable cancer risks and a burning sensation in his genitals.
Drug distributor Cardinal Health has exacerbated the opioid epidemic by filling suspicious drug orders and neglecting to alert the authorities about them, Kentucky's attorney general claimed in a suit filed Monday in state court.
Getting a tort reform or other state law ruled unconstitutional is no easy task, but Robert Peck has managed to make a career out of it, traveling across the country and helping to smash roadblocks for the personal injury plaintiffs bar, including a seminal take-down of Florida’s cap on noneconomic damages.
BP PLC has asked a Texas federal court to dismiss claims from two-thirds of the investor suits in multidistrict litigation related to the 2010 Deepwater Horizon spill, arguing that a recent U.S. Supreme Court case made clear that some claims based on company statements from before the spill should be barred by the statute of repose.
The fate of multidistrict litigation over the opioid crisis now rests heavily with 18 elite attorneys who've been tasked with negotiating a settlement in the historic case. Here, Law360 presents the names and faces of the negotiators, along with information about their biggest cases and notable achievements.
A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.
The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP.
Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.
Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.
Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.
Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.
Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.
Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.
An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.
In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed. But the question of how the judiciary might conform to Burt’s expectations raises practical problems, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit.