Product Liability

  • September 18, 2019

    Tyson & Mendes Taps Gordon & Rees Vet To Head NY Office

    Tyson & Mendes LLP has hired a veteran Gordon & Rees LLP litigator with experience leading attorneys through professional liability troubles and guiding businesses through cybersecurity breach suits to serve as the managing partner of its soon-to-open New York office.

  • September 18, 2019

    Woman's J&J Talc Bottle Contained Asbestos, Expert Says

    An electron microscopist told a California jury Wednesday that his laboratory found asbestos in a bottle of Johnson & Johnson baby powder owned by a woman who is alleging the company’s talc products gave her mesothelioma.

  • September 18, 2019

    J&J Talc Supplier Given Time To Negotiate Insurance Deal

    Johnson & Johnson talc supplier Imerys Talc America Inc. told a Delaware bankruptcy judge Wednesday that it would continue negotiations with tort claimants to get a consensual agreement on a $7.2 million settlement with insurance providers paying defense costs in thousands of personal injury suits.

  • September 18, 2019

    E-Cig Industry Faces New Challenge, This Time From States

    In the wake of a nationwide outbreak of vaping-induced lung illnesses, executive actions this month from the governors of New York, California and Michigan could spell more legal trouble for an industry already under siege by multiple ongoing and newly launched personal injury lawsuits.

  • September 18, 2019

    Novartis Halts Zantac Distribution, Citing Impurities

    A unit of Swiss drug maker Novartis AG announced Wednesday that it's halting distribution of its versions of heartburn medication Ranitidine, more commonly known as Zantac, because of contaminants found in the drug.

  • September 18, 2019

    W. Va. Hits J&J, Ethicon With Pelvic Mesh Suit

    West Virginia’s attorney general has hit Johnson & Johnson and its subsidiary Ethicon with a suit over their pelvic mesh, the problematic medical device that’s already cost several manufacturers billions in courtroom losses.

  • September 18, 2019

    9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

    The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

  • September 18, 2019

    Opioid 'Negotiation Class' Justifies DQ Bid, Distributors Say

    Drug distributors and pharmacies continued to press their surprise effort to disqualify the judge overseeing the opioid multidistrict litigation, saying his recent approval of a novel negotiation class merits their last-minute play.

  • September 18, 2019

    House Dems Threaten To Subpoena Juul For Marketing Docs

    Democrats in Congress have threatened to subpoena Juul Labs Inc. if it doesn’t hand over documents detailing its advertising practices amid a House panel's investigation into whether the e-cigarette maker intentionally targeted minors with its marketing.

  • September 17, 2019

    Blank Rome Says It's Not Liable In $9M Severed Leg Case

    Blank Rome LLP on Tuesday asked a New Jersey federal judge to toss a suit accusing the firm of botching an appeal in litigation over a highway crash in which a woman lost a leg, arguing that as successor counsel it can't be held liable just because it didn't correct the failures of the firm that handled the suit in the trial court.

  • September 17, 2019

    Pharma Giants Can't Shake Ariz. Hospital's Opioid RICO Suit

    A slew of major drugmakers and distributors on Monday lost their bids to kill a suit brought by Tucson Medical Center Inc. blaming the pharmaceutical giants for financial harm the nonprofit Arizona hospital says it suffered as a result of the companies' roles in the U.S. opioid crisis.

  • September 17, 2019

    Longtime Plane Crash Atty Takes Lead In Ethiopian Air Suit

    An Illinois attorney who has represented victims of most major commercial airline crashes in the last 40 years was appointed Tuesday to lead a consolidated lawsuit seeking to hold the Boeing Co. liable for the Ethiopian Airlines Flight 302 crash.

  • September 17, 2019

    Purdue Says 'Lives, Dollars' At Stake In Bankruptcy Case

    Besieged opioid maker Purdue Pharma LP made its first appearance in New York bankruptcy court Tuesday, winning approval to pay almost $2 million to key employees and up to $1.5 million in monthly legal fees, while touting its proposed settlement of opioid litigation as a benefit to America. 

  • September 17, 2019

    GM Hit With Suit Over Defective Touch Screens

    General Motors LLC on Monday was hit with a proposed class action in California federal court claiming that certain Cadillacs have defective touch screens that are prone to spontaneously cracking, posing a safety risk to drivers.

  • September 17, 2019

    DuPont Looks To Kill $4B Chemours Liability-Offloading Suit

    DuPont is asking a court to end a $4 billion suit by spinoff Chemours over ballooning environmental liabilities, including some that have spurred multidistrict litigation and trials, saying arbitration is Chemours’ only recourse.

  • September 17, 2019

    Pa. Jury Urged To Punish J&J For Pushing Risperdal On Kids

    An attorney for a man who grew breasts after using the antipsychotic medication Risperdal as a young boy tasked a Philadelphia jury on Tuesday with punishing Johnson & Johnson for what he said was the company’s reckless decision to surreptitiously push the drug on children despite its risks.

  • September 17, 2019

    Bondholder Says VW Can't Use New Evidence To Sink Suit

    The pension fund suing Volkswagen for concealing an emissions-cheating scandal from its bondholders told a California federal judge Monday that the automaker improperly introduced evidence last week as part of its attempt to fend off the proposed class action.

  • September 17, 2019

    Nestle Ducks Suit Over Trans Fat In Creamer, For Now

    A California federal judge dismissed a proposed class suit accusing Nestle and several retailers of deceiving customers into buying a coffee creamer that includes a source of trans fat, saying the consumer behind the suit didn't put forward enough specifics to support his allegations.

  • September 17, 2019

    States, Enviros Push Calif. Judge To Enforce EPA Landfill Rule

    States and environmentalists on Monday urged a California federal judge to stick to his guns and force the U.S. Environmental Protection Agency to implement Obama-era landfill air pollution regulations despite the agency's claim that the judge's order is now irrelevant.

  • September 17, 2019

    Don't Let Atty Sidestep Revoked Admission, Ill. Court Urged

    A man bringing a product liability suit against a metals manufacturer is trying to go around court orders blocking his former lawyer from practicing in Illinois federal court by seeking to transfer the suit back to California federal court, the manufacturer said Monday.

  • September 17, 2019

    Weil Was Upfront About Repping Insys In Ch. 11, Atty Says

    Weil Gotshal & Manges LLP was upfront with a former Insys Therapeutics Inc. executive when the firm was also called upon to represent his former company in bankruptcy proceedings, a firm partner said Monday in an affidavit, pushing back on the executive's claim that he was in the dark about the potential conflict.

  • September 16, 2019

    Bankrupt PG&E Trial With Elderly Fire Victims Gets 2020 Start

    A San Francisco jury must determine whether Pacific Gas and Electric Co.'s equipment sparked the 2017 Tubbs Fire and any additional damages, said a California judge Monday tasked with moving elderly victims' lawsuits along at breakneck speed to meet a June 30 deadline for PG&E to emerge from bankruptcy.

  • September 16, 2019

    4 Key Takeaways As Opioid MDL Distributors Seek Judge's DQ

    An out-of-the-blue crusade by drug distributors and pharmacies to disqualify the judge supervising multidistrict opioid litigation has little chance of succeeding, but it could lay the foundation for future challenges to the judge's sweeping rejection of legal defenses, experts say. Here, Law360 explores four key takeaways about the motion's impetus and likely fate.

  • September 16, 2019

    Scientist Tells Calif. Court J&J Mesh Doesn't Degrade

    A materials scientist retained by Johnson & Johnson testified Monday that the polymer compound that makes up the company's pelvic mesh devices does not degrade inside the human body, as a California bench trial on J&J subsidiary Ethicon's mesh marketing resumed after a two-week break.

  • September 16, 2019

    Sanofi Faces 1st US Suit Over Likely Carcinogen In Zantac

    A Florida man with breast cancer has accused Zantac maker Sanofi Aventis US LLC of knowingly selling a medication that contained a probable carcinogen in the first suit of its type in the U.S.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Outsourcing Facilities Face Rising Drug Compounding Risks

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    Recent actions by the U.S. Food and Drug Administration and lawsuits filed by drug manufacturers indicate that it is more important than ever for outsourcing facilities to comply with FDA policies regarding bulk drug substances allowed for use in compounding, say attorneys at Ropes & Gray.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Calif. Utility Regulator Focusing On Companies' Safety Culture

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    The California Public Utilities Commission's recent investigations of Southern California Gas and Pacific Gas & Electric show a shift from reactive, incident-specific regulatory enforcement to a focus on utilities' corporate safety culture in connection with potential misconduct, say Tara Kaushik and Kevin Ashe of Holland & Knight.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Aviation Watch: Assessing Pilot And Airline Fault In Crashes

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    While much discussion of the Ethiopian Airlines and Lion Air Boeing 737 Max crashes has focused on the planes' technology, the competence of the airlines and flight crews involved is also under scrutiny — raising questions about how far manufacturers must go in assessing the capabilities of pilots and operators, says Alan Hoffman, a retired attorney and private pilot.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • State Law Issues The Court Missed In Cancer Drug Trial Case

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    In Spedale v. Constellation Pharmaceuticals, an Arizona federal court recently ruled on whether a clinical drug trial's sponsor breached a duty to the plaintiff by failing to obtain informed consent. Surprisingly, the court did not consider essential questions about the plaintiff's claims under Arizona law, says Eric Alexander of Reed Smith.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Risks To Avoid When Conducting Virtual Clinical Trials

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    As pharmaceutical and medical device companies rapidly integrate virtual clinical trials into their research and development of new products, clinical investigators and corporate counsel must avoid data breaches, transmission errors and other missteps that may trigger novel plaintiffs' theories of recovery, say Kim Schmid and Sheryl Bjork of Bowman and Brooke.