Product Liability

  • April 03, 2020

    Insurer Told To Defend Builder In Construction Defect Suits

    A South Carolina federal judge on Friday ruled that one of six insurance companies locked in a massive dispute with a general contractor must cover the builder's defense of a pair of construction defect suits alleging a neighborhood subdivision was badly constructed, causing property damage. 

  • April 03, 2020

    Atty Fights 'Farce' DQ Bid In Investors' $3.1M Fraud Suit

    An attorney representing a woman accused by investors of helping run a $3.1 million securities fraud scheme told a Florida federal court Thursday that a request to disqualify him over an alleged conflict of interest is "nothing more than a farce."

  • April 03, 2020

    Zurich Not Liable For Full $2.7M Asbestos Award In Md.

    Maryland’s highest court held Friday that Zurich American Insurance Co. is not obligated to cover the entire $2.7 million judgment against a mechanical contractor in a bank worker's asbestos injury suit, finding instead that the insurer must only cover a portion of the award based on the time its policies were in effect.

  • April 03, 2020

    Big Tobacco Sues FDA Over New Graphic Warnings

    Tobacco companies including R.J. Reynolds hit the U.S. Food and Drug Administration with a Texas federal court suit Friday challenging the agency's new graphic cigarette warnings, saying that the “emotionally charged” required warnings violate the First Amendment.

  • April 03, 2020

    Sugar Claims Tossed In Kombucha False Labeling Suit

    A California federal judge has trimmed a suit alleging a kombucha drink maker owned by Safeway Inc. mislabeled its products, saying while claims related to the drinks' sugar content are "threadbare," the complaint adequately pleads that the labels mislead consumers about their alcohol content.

  • April 02, 2020

    Philip Morris Takes Second Shot At $20M Award In 11th Circ.

    Philip Morris USA urged the Eleventh Circuit on Wednesday to toss $20.8 million in punitive damages won nearly six years ago by a since-deceased smoker, arguing that the amount is unconstitutionally high and should be tossed even though the appeals court already affirmed the smoker’s trial win.

  • April 02, 2020

    CBD Co. Latest Target In COVID-19 Scam Enforcement

    The New York Attorney General on Thursday slapped a CBD company with a cease and desist for allegedly using fake news to peddle bogus COVID-19 cures, the latest move by officials to contain scores of scammers using the coronavirus pandemic to pick peoples’ pockets.

  • April 02, 2020

    Pa. Attorney Wins Meat Grinder Injury Malpractice Suit

    A Pennsylvania appeals court on Thursday shot down a suit by a woman alleging her attorney botched claims that she'd been injured by a defective meat grinder by waiting too long to file, saying she was unable to show that she would have had a viable personal injury case even if he had filed on time.

  • April 02, 2020

    Ford Can't Duck State Defect Suits, Law Profs Tell Justices

    Major manufacturers like Ford can't downplay their business ties in any given state to tilt the scales of personal jurisdiction in their favor and avoid liability for accident claims in those states, law professors told the U.S. Supreme Court on Thursday.

  • April 02, 2020

    3M Can't Pin Defective Earplugs On Gov't, Military Users Say

    3M Co. can't argue that a government contract preemption gives it clearance to exit a suit over its allegedly defective earplugs, a group of military members told a Florida federal court Wednesday, because the earplugs were also advertised for civilian use.

  • April 02, 2020

    Families Say Faulty Helicopter Part Led To Marines’ Deaths

    The families of four dead U.S. Marines have filed a lawsuit in Pennsylvania state court targeting two companies they say were responsible for supplying a faulty component that led to a fatal helicopter crash in southern California two years ago.

  • April 02, 2020

    VW May Face European Dieselgate Claims In National Courts

    Volkswagen could have to face litigation brought by Austrian consumers claiming they overpaid for vehicles fitted with devices designed to cheat emissions tests in Austrian courts, rather than in Germany, because the damage happened where the cars were bought, an adviser to the European Union’s highest court said Thursday.

  • April 02, 2020

    Merck, Takeda Unit Beat Off-Label FCA Kickbacks Suit

    A California federal judge tossed a whistleblower’s allegations that Merck and Co. and two other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, saying the former sales employee didn't have direct knowledge of the alleged fraud.

  • April 02, 2020

    Clark Hill Adds Construction Atty From Offit Kurman In Philly

    Clark Hill PLC added a construction attorney from Offit Kurman as a member in its Philadelphia office, the firm said recently.

  • April 01, 2020

    Napoli Shkolnik Seeks To Duck Negligence Bid

    Napoli Shkolnik PLLC has urged a Minnesota federal court to toss claims that it owes a woman approximately $750,000, arguing she has failed to establish that a now-dissolved firm failed to introduce certain medical records in underlying litigation against Toyota.

  • April 01, 2020

    FTC Sues Altria And Juul, Says $12.8B Deal Hurt Competition

    Altria Group Inc.'s $12.8 billion purchase of a stake in private equity-backed e-cigarette startup Juul Labs Inc. eliminated competition and violated antitrust laws, the Federal Trade Commission said Wednesday in announcing that it filed an administrative complaint against the companies.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    UK Man Snuck Fake Coronavirus Meds Into Calif., Feds Say

    A British man tried to ship a fake "miracle cure" panacea labeled as a treatment for the novel coronavirus from the United Kingdom to California and Utah in an effort to make money off the deadly pandemic, federal prosecutors allege in a complaint filed Wednesday in California federal court.

  • April 01, 2020

    Fed Agencies Flag Ex-NFLer For Claiming CBD Cures Virus

    A former NFL player's CBD company has received a warning letter from the U.S. Food and Drug Administration and the Federal Trade Commission for allegedly claiming the company's products can treat or cure COVID-19.

  • April 01, 2020

    Oil Giants Seek High Court Review Of Remand In Climate Case

    Chevron Corp. and other energy giants asked the U.S. Supreme Court to review an appeals court decision that sent Baltimore’s suit seeking to put the energy companies on the hook for climate change to state court, arguing the bulk of their arguments for removal were improperly ignored. 

  • April 01, 2020

    Theranos Judge Rips 'Tone' Of Attys' Pandemic-Related Filing

    A California federal judge on Wednesday took issue with the "tone" of a request by ex-Theranos CEO Elizabeth Holmes' counsel to let them violate shelter-in-place orders to prepare for her upcoming trial, saying it wasn’t necessary and they should have had a “rational discussion” instead of filing a proposed order.

  • April 01, 2020

    Pharmacies' Doctor Claims Dropped From Ohio Opioid MDL

    The Ohio federal judge overseeing the multidistrict litigation over the opioid crisis tossed a bid brought by pharmacy chains, including CVS Pharmacy Inc., Walgreen Co. and Walmart Inc., to shift blame onto prescribers, saying he found no basis for the pharmacies to transfer their liability.

  • April 01, 2020

    EPA Watchdog Confirms Dramatic Enforcement Drop

    Enforcement activities at the U.S. Environmental Protection Agency are down across the board over a recent 10-year period, in some categories by more than 50%, the EPA's internal watchdog said in a report issued Wednesday.

  • April 01, 2020

    MTA Notches Win In ADA Suit Over Subway Elevators

    A New York federal judge has granted New York’s transit organizations a win in a suit alleging they discriminated against people with disabilities by failing to maintain subway elevators, saying individual anecdotes about delays and dirty elevators don’t constitute a violation of the Americans with Disabilities Act.

  • April 01, 2020

    Hyundai Again Beats Fraud Claims Over Powertrain

    Hyundai has again defeated consumer fraud class claims over an allegedly defective powertrain component in certain Santa Fe SUVs that cause the vehicles to lose power on the road after a New Jersey federal judge said a customer didn't show the automaker knew about the purported defect before he leased his vehicle.

Expert Analysis

  • Key Issues As Automakers Shift To Medical Device Production

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    As automakers respond creatively to the COVID-19 pandemic, they must anticipate and address important performance and quality requirements as they work to quickly transform automotive and others factories for medical device production, say advisers and attorneys at King & Spalding.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Festival Case May Be Preview Of COVID-19 Consumer Suits

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    A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

  • Defending Against A Wave Of Hand Sanitizer Class Actions

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    The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Emergency Laws Protect Cos. Enlisted In COVID-19 Fight

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    The Defense Production Act and the Public Readiness and Emergency Preparedness Act, recently invoked by the Trump administration to aid in fighting COVID-19, can provide special legal defenses to businesses producing essential supplies — which could protect companies against future tort liability, says Kelly Belnick at Tanenbaum Keale.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • What FDA Has Done So Far In Response To COVID-19

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    Tracking the U.S. Food and Drug Administration's evolving response to the COVID-19 pandemic, Mintz attorneys discuss the agency's efforts regarding clinical trials for drugs, vaccines and devices, emergency marketing of such products, and supply chain and marketplace safety.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Opinion

    Pa. Asbestos Ruling Ignores Science And Hurts Defendants

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    The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

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