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Product Liability

  • May 17, 2019

    Gov't Must Provide Info In Challenge To 2-For-1 Rule Order

    The D.C. federal judge presiding over public interest groups' challenge to President Donald Trump's executive order requiring that for every new regulation, two rules must be eliminated, said Friday that federal agencies must do a better job complying with discovery.

  • May 17, 2019

    CVS Ditches False Ad Suit Over Joint Health Pills

    CVS Health Corp. can escape a putative class action over claims it falsely advertised its line of CVS Health Glucosamine products, a California federal judge has ruled, finding that the pharmacy giant's packaging complies with federal labeling law, preempting the state law claims asserted in the suit. 

  • May 17, 2019

    BMW Blasts EU’s Emissions Tech Cartel Case

    BMW AG’s chief executive on Thursday blasted a European Union investigation alleging that it colluded with other German car makers to keep new emissions technology off the market for several years, calling the claims unfounded.

  • May 17, 2019

    GM Owners Open Faulty-Transmission Class Suit In Del.

    Attorneys for General Motors vehicle owners with allegedly defective transmissions opened a proposed nationwide federal class damages suit in Delaware Friday, becoming at least the third prospective multistate class challenge to the automaker’s gearboxes.

  • May 17, 2019

    Crowell & Moring's Falvey Talks Safety And Internet Of Things

    Crowell & Moring LLP partner Cheryl Falvey, a former general counsel for the U.S. Consumer Product Safety Commission, spoke to Law360 about what she's watching these days on the product liability front, including the thorny issues cropping up around the "internet of things."

  • May 17, 2019

    The Law Firms Making Millions Off The PG&E Cases

    The nation's largest utility company, Pacific Gas and Electric, has paid at least $89 million in the past year in legal fees to firms directly involved with its bankruptcy, civil, criminal and regulatory cases stemming from California wildfires — and the vast majority of that sum has gone to Cravath Swaine & Moore LLP.

  • May 17, 2019

    J&J Hit With $80M Verdict In Philly Mesh Case

    A Philadelphia jury returned $80 million in damages against a Johnson & Johnson unit on Friday in the latest trial over chronic pain and other complications caused by its pelvic mesh implants.

  • May 17, 2019

    Dorsey & Whitney Adds Veteran Product Liability Litigator

    Dorsey & Whitney LLP has given its product liability practice a boost, bringing on a veteran litigator from Goodell DeVries as a partner in its New York office.

  • May 17, 2019

    11th Circ. Won’t Undo Royal Caribbean's Win In Injury Case

    The Eleventh Circuit has backed a lower court decision favoring Royal Caribbean Cruises Ltd.'s argument that it is not responsible for a passenger's injury when part of a lighting machine fell on her head while she was on a dance floor, saying she can't show the cruise company is at fault.

  • May 16, 2019

    Skechers Light-Up Shoes Burn Kids, Mother's Suit Says

    Popular light-up children's shoes made by Skechers USA Inc. contain a dangerous defect that can cause skin burns, an Illinois mother claimed in a proposed class action filed Thursday.

  • May 16, 2019

    9th Circ. Panel Rips EPA's Weedkiller Approval Process

    Two Ninth Circuit judges on Thursday criticized the U.S. Environmental Protection Agency's process for approving Dow AgroSciences LLC's glyphosate weedkiller Enlist Duo, saying the EPA's voluntary offer to reconsider its approval of the weedkiller has resulted in it skirting legal challenges altogether.

  • May 16, 2019

    11th Circ. Revives Hoverboard Fire Suit Against Amazon

    The Eleventh Circuit on Thursday resuscitated a Georgia man’s suit over a hoverboard he bought through Amazon that started a fire, destroyed his home and severely injured him, finding it's plausible Amazon knew about the risk when it sold the product.

  • May 16, 2019

    Full 6th Circ. Won’t Rehear Flint Contaminated Water Suit

    A Sixth Circuit panel on Thursday denied the city of Flint, Michigan's bid for an en banc review of a lawsuit accusing city officials of exposing residents to contaminated water, saying the panel already considered the city's arguments when it first examined the suit earlier this year.

  • May 16, 2019

    Essure Users Fight To Keep Bayer Injury Suits Alive In Calif.

    More than 13,000 women claiming Bayer HealthCare's Essure birth control harmed them urged a California judge on Thursday to keep alive out-of-state plaintiffs' claims, arguing the Golden State has a greater interest over their claims than other states, because Bayer's alleged conduct occurred there.

  • May 16, 2019

    Pa. Justices Suggest Juries Should Decide Risperdal Time Bar

    In an appeal implicating thousands of pending lawsuits in Philadelphia, members of Pennsylvania’s highest court suggested on Thursday that case-by-case determinations were needed to decide whether claims over abnormal breast growth linked to the antipsychotic drug Risperdal had been brought within the statute of limitations.

  • May 16, 2019

    Calif. Gov., Fire Victims Slam PG&E's Request To Delay Ch. 11

    California wildfire victims and California Gov. Gavin Newsom are urging a California bankruptcy judge to deny Pacific Gas and Electric Co.'s request for more time to file its Chapter 11 plan, calling the bid for a six-month extension a stall tactic.

  • May 16, 2019

    Diet Food Maker Beats Thyroid Suit After Experts Were DQ'd

    A Pennsylvania woman's lawsuit claiming Medifast Inc.'s soy-based diet products caused her hypothyroidism was tossed Wednesday when a Philadelphia federal judge ruled that her experts couldn't provide qualified, science-backed testimony linking the products to her condition.

  • May 16, 2019

    Ex-NFLers Lose Bid To Overturn Tighter Concussion Rules

    Attorneys for the thousands of retired NFL players covered by the league's landmark concussion settlement suffered a bruising defeat on Thursday when the Pennsylvania federal judge overseeing the program denied their bid to overturn new, restrictive medical rules that many view as a gift to the NFL.

  • May 16, 2019

    Drivers Fight to Keep GM Fuel Pump Case Alive

    Drivers who say GM sold them dangerously faulty engine pumps slammed the auto giant's motion to dismiss their suit in California federal court, arguing GM's claim that it didn't know about the problem flies in the face of decades of evidence.

  • May 16, 2019

    5 More States Target Purdue Pharma Over Opioid Marketing

    Five states slammed Purdue Pharma LP and its owners with new lawsuits Thursday accusing the pharmaceutical giant of fueling the opioid crisis by deceptively marketing its drugs, adding to a host of lawsuits the company is facing over its purported role in the epidemic.

Expert Analysis

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • Maritime Opinion Offers Hope For 'Bare Metal' Defense

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    In Air and Liquid Systems v. DeVries, the U.S. Supreme Court recently cast doubt on the "bare metal" defense against manufacturer liability in a maritime tort context. But both the majority and dissenting opinions provide a road map to using this defense in other situations, say John Vales and Stephen Turner of Dentons.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.