A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.
Union Pacific Railroad Co. was improperly found liable for an employee's injuries, the Illinois Supreme Court ruled Friday, finding that railroad employers can pass off workplace injury liability to a third party in certain cases.
A market leader in consumer drone technology was hit with a putative class action Thursday in Pennsylvania federal court spurred by an allegedly harmful firmware update in December 2015 that rendered certain commercial drones in its "Phantom 2" line unable to record video and take photos.
An environmental group asked the Ninth Circuit Friday to revive its suit alleging Pacific Gas & Electric Co. storage facilities contaminate stormwater that discharges into California waterways, saying a lower court erred in finding the suit’s Resource Conservation and Recovery Act claims were barred because the pollution was regulated by the Clean Water Act.
Pharmacia LLC, Solutia Inc., ExxonMobil Oil Corp. and Cerro Flow Products will pay $14.8 million to clean up six former waste disposal sites at an Illinois Superfund site, the U.S. Department of Justice and U.S. Environmental Protection Agency said Friday.
After one too many shopping trips at Nordstrom allegedly ended with the clothing retailer not delivering on its promise of certain advertised prices, an Alaska woman took action with a lawsuit on Thursday in federal court accusing the company of fraud.
A New Jersey federal judge on Friday preliminarily approved a class action settlement between BMW AG and thousands of people who owned 6 Series convertibles that would allow the owners to repair a roof defect for free or to be reimbursed for past repairs.
The special master in multidistrict litigation against Takata Corp. and various automakers over potentially explosive air bags recommended that BMW of North America LLC not be ordered to produce BMW AG documents, saying Thursday that the plaintiffs failed to show the U.S. distributor has control of the documents.
A food equipment manufacturer has hit its insurance broker with a lawsuit in New Jersey state court, alleging the agency caused a coverage gap by recommending the firm switch policies, which left it holding the bag in a subsequent lawsuit over an exploding whipped cream canister.
A Florida jury awarded only $400,000 in punitive damages on Friday against Philip Morris and R.J. Reynolds after finding they concealed facts important to the health decisions of a smoker who died of lung cancer in 1995.
Avis has slapped its insurer with a lawsuit in New Jersey federal court alleging that the business has improperly refused to provide coverage in two personal injury actions, including one case in which a jury recently returned a $23.5 million verdict against the car rental company.
A California federal judge has handed Ford Motor Co. a quick win on several consumers’ claims that the auto giant hid the fact that its Focus and Fusion cars had power steering defects, saying the consumers couldn’t prove damages since Ford fully replaced their systems.
A North Carolina federal jury on Thursday determined that a nursing home committed medical negligence that caused the deaths of three patients, with reckless disregard to their rights, and awarded their families $5.2 million in compensatory and punitive damages.
Faced with a proposed class action alleging it hid the dangers of head injuries in professional hockey and encouraged violence in the game, the NHL has chosen to attack the idea of a link between repeated head trauma and the much-publicized brain disease CTE, bucking a majority of scientists and medical experts, in a move that has many legal experts baffled.
A short stock drop that occurred after the airing of an episode of "60 Minutes" that delved into a two-year old lawsuit against Kimberly-Clark Corp. over the effectiveness of its gowns during the 2014 Ebola virus breakout can’t serve as the backbone of a securities fraud suit, the company told a New York federal court Thursday.
A defense attorney for a pharmacist accused of murder and health care fraud in the 2012 meningitis outbreak meticulously scrutinized testimony by the pharmacy’s quality control officer during cross-examination on Friday, suggesting inconsistencies about issues she brought to her boss and exaggerations about mold findings.
A New Jersey state appeals court has revived a product liability lawsuit against Smith & Nephew Inc. over allegedly defective medical wipes, finding Thursday that consumers were allowed under the statute of limitations to pursue claims related to one product recall notice but not an earlier notice.
The Texas Supreme Court on Friday declined a request from AIG subsidiary Commerce and Industry Insurance Co. asking the high court to review a lower court ruling holding it liable for more than $4 million in personal injury claims paid by Exxon Mobil Corp. in the wake of a Texas chemical plant explosion.
Two health food companies told a California federal judge at a hearing Thursday that putative classes of consumers couldn’t say they were misled by labels saying products contained "evaporated cane juice," arguing if the consumers were as health conscious as they allege in their complaint, they would have known the ingredient was sugar.
The family of a smoker who died in 1995 began a trial for punitive damages on Thursday against Philip Morris USA and R.J. Reynolds after being awarded millions of dollars in compensatory damages on Wednesday.
While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.
Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.
In 2015, U.S. Consumer Product Safety Commission Chairman Elliot Kaye announced that he had directed CPSC staff to seek “double-digit” penalties from companies found to be in violation of the Consumer Product Safety Act. Kaye appears to have accomplished his stated goal — a statistical analysis of agency fines shows that companies are being punished more severely than before, says Jonathan Judge of Schiff Hardin LLP.
Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.
General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.
As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.
Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.
California has the nation’s most powerful consumer protection statutes, but in recent years, the state’s federal courts have imposed a major constraint on omission claims brought under those statutes. The good news for consumers is that recent developments suggest this constrictive view of California consumer protection law is ending, say David Stein and Amanda Karl of Girard Gibbs LLP.
The U.S. Supreme Court has been clear that contact-based specific personal jurisdiction requires that a particular plaintiff’s claim arise out of the defendant’s contacts with the forum state. Still, California, Missouri and some other jurisdictions have let nonresidents use their states to litigate disputes that are wholly unrelated to defendants’ conduct within the state, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.
Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.