Product Liability

  • January 15, 2021

    9th Circ. Judge Calls VW Dealers' Fraud Appeal 'A Little Odd'

    A Ninth Circuit judge appeared skeptical Friday of reviving franchised Volkswagen dealerships' proposed class claims that auto parts maker Bosch is liable for helping mastermind the 2015 "clean diesel" emissions-cheating scandal, saying their arguments are "a little odd" because it seems like they "in some ways, benefited from the fraud."

  • January 15, 2021

    Fla. Court Reverses $15.5M Verdict Against R.J. Reynolds

    A Florida appeals court on Friday threw out a $15.5 million judgment against R.J. Reynolds over the death of a lifelong smoker who succumbed to cancer, saying jurors had received insufficient instructions to find the company liable for a claim of conspiracy to fraudulently conceal information.

  • January 15, 2021

    Ex-Insys Manager Frets Over 'Prison Parenting' In Delay Bid

    A former Insys executive asked a federal judge Friday to delay her prison sentence to avoid "prison parenting" her teenage son in the middle of the pandemic, when she says he needs her most.

  • January 15, 2021

    Snapple Looks To Escape 'Sorta Sweet' Tea False Ad Suit

    Snapple Beverage Corp. is urging a California federal court to throw out a proposed class action alleging the "Sorta Sweet" label on its iced tea misleads consumers into thinking it's low in sugar, saying the label merely refers to the drink's taste, not any particular level of sugar content.

  • January 15, 2021

    Calif. Voters Should Have Say On Flavored Vape Ban, AG Says

    The state of California has told a federal judge that while a voter referendum is pending on the fate of the state's flavored vape ban, the court should not entertain a challenge against it brought by Big Tobacco, saying it could deprive Californians of their right to legislation by referendum.

  • January 15, 2021

    Imerys To Add Details Of $130M Talc Settlement In Ch. 11 Docs

    Bankrupt talc producer Imerys Talc America agreed Friday to make changes to its Chapter 11 plan documents, telling a Delaware judge that it would add information about a $130 million settlement with former owner Cyprus Mines Corp. over legacy asbestos liabilities.

  • January 15, 2021

    Starbucks Slams 'Preposterous' Emotional Distress Claim

    Starbucks Corp. is asking a New York federal court to end a lawsuit brought by two pest control contractors who claim they were emotionally distressed upon finding pesticide strips at one location, saying it's "preposterous" that they would have anxiety over the strips when they were contracted in part to remove them.

  • January 15, 2021

    Saint-Gobain Says Tainted-Water Claimants Can't Form Class

    Saint-Gobain Performance Plastics Corp. and three other companies facing claims in connection with perfluorooctanoic acid contamination in a New York town's drinking water argued against residents' bid for class certification, saying that blaming the problem largely on one facility obscured the messy reality of the case.

  • January 15, 2021

    Fruit Co. Must Destroy Juice In Deal To End FDA Suit

    A supplier that participated in a government lunch program to distribute millions of servings of apple juice to schools must destroy all of its remaining products in a deal to end litigation by the U.S. Food and Drug Administration alleging the supplier allowed the toxins arsenic and patulin to form in the juices at levels that could pose a health risk.

  • January 15, 2021

    NRA Files Ch. 11 To Move From NY To Texas

    Facing a financial probe and attorney general's suit in New York seeking to dissolve the group, the National Rifle Association sought Chapter 11 protection in Texas on Friday and said it would move its charter to that state, toting along more than $100 million in debt.

  • January 14, 2021

    Ex-NFL Player Must Pay Fees To Former Counsel

    Former San Diego Chargers linebacker Billy Ray Smith Jr. was ordered Thursday to pay a portion of his $1.8 million award to both his current and former counsel for their work in representing him in an ongoing concussion class action against the NFL.

  • January 14, 2021

    Ky. AG Announces $300M Deal Over Cigarette Sale Deposits

    Kentucky's attorney general has announced that his state, tobacco company S&M Brands and eight other states have signed a more than $300 million settlement with North Carolina over cigarette sale deposits that the company made into escrow funds.

  • January 14, 2021

    Mallinckrodt Ch. 11 Talks Stalled Amid Fee Row, Judge Told

    A consultant for global drug giant Mallinckrodt PLC told a Delaware judge Thursday that movement toward a Chapter 11 plan has "virtually come to a standstill" as a dispute rages on over whether the drugmaker should reimburse fees for certain restructuring professionals.

  • January 14, 2021

    6th Circ. Won't Stop Ex-FDA Chief's Opioid MDL Testimony

    The Sixth Circuit said on Thursday that it won't stop a lower court from forcing a former U.S. Food and Drug Administration director to be deposed in multidistrict opioid litigation before he clocks in to work in an unspecified role in the Biden administration.

  • January 14, 2021

    Flint Water Charges Will Test Limit Of Officials' Accountability

    Indictments unveiled Thursday against nine current and former Michigan state and local officials accused of playing a role in the Flint drinking water contamination crisis send a strong message to elected officials that there is a limit to the leeway granted them as decision makers.

  • January 14, 2021

    Diverse Atty Group Proposed As Lead Counsel In Elmiron MDL

    Consumers alleging that Johnson & Johnson's pharmaceutical unit concealed a side effect of bladder cyst medicine that results in serious eye damage on Wednesday told a New Jersey federal judge that they have selected a diverse group of attorneys, a majority of whom are women, as the plaintiff steering committee.

  • January 14, 2021

    Rubbermaid Cooler Buyers Not Cool With Melted Ice Problem

    A proposed class of consumers hit Rubbermaid Inc. with a suit Thursday saying that its coolers don't keep ice for nearly as long as the four to seven days promised on the packaging.

  • January 14, 2021

    DC Circ. Won't Block 737 Max Return In Flyers' FAA Challenge

    The D.C. Circuit on Thursday declined to block the Federal Aviation Administration's approval to return Boeing's 737 Max jets to service after a 20-month flight ban and two deadly crashes overseas as it considers claims the FAA hasn't been transparent about its safety review.

  • January 14, 2021

    Ikea Can't Escape Suit Over Recall Of Unstable Dressers

    A Pennsylvania federal judge won't release Ikea US Retail LLC from a proposed class action alleging it failed to abide by recall terms of its dressers that were prone to falling over, saying that even though the parents behind the case are only alleging economic harm, they can still pursue claims under the state's consumer protection law.

  • September 28, 2018

    Suit Dismissed Over Dr. Oz's 'Miracle' Diet Pills

    A California federal judge on March 27, 2020 agreed to dismiss a suit alleging that television personality Dr. Oz misrepresented the effectiveness of "fat-busting" supplements on his show.

  • January 14, 2021

    Toyota To Pay $180M Penalty For Clean Air Act Violations

    Toyota Motor Corp. and related entities will pay $180 million to resolve the government's claims that it flouted the Clean Air Act's emissions reporting requirements for a decade in the largest-ever civil penalty to be paid for such violations, prosecutors said Thursday.

  • January 13, 2021

    Ex-Mich. Gov. Snyder Charged Over Flint Water Crisis

    Former Michigan Gov. Rick Snyder was charged in state court Wednesday with two counts of willful neglect of duty stemming from the Flint water crisis, according to a filing by the state's Attorney General Dana M. Nessel.

  • January 13, 2021

    Tribe Reaches $10M Settlement With Mining Cos. In Toxic Spill

    The Navajo Nation said Wednesday that it had reached a $10 million settlement with two mining companies it sued over the 2015 Gold King Mine waste spill that poisoned waterways used by the tribe. 

  • January 13, 2021

    9th. Circ. Won't Revive Suit Over Target Dietary Supplement

    The Ninth Circuit on Wednesday upheld the dismissal of a proposed class action challenging healthy hair and skin claims on Target brand biotin supplements, saying that the allegations are barred by federal law.

  • January 13, 2021

    Stem Cell Clinic Takes On FDA Regulations In 11th Circ.

    A Florida clinic urged the Eleventh Circuit on Wednesday to throw out a ruling barring it from offering a stem cell procedure to treat various illnesses, arguing that a lower court erred in finding that the treatment is a drug subject to U.S. Food and Drug Administration regulations.

Expert Analysis

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • New Fla. Summary Judgment Rule Will Deter Forum Shopping

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    The Florida Supreme Court's recent amendment of the state's summary judgment standard to align it with that of the federal courts and most other states will improve judicial efficiency, reduce the cost and uncertainty of litigation, and help prevent forum shopping by plaintiffs with dubious claims, say Walter Latimer and Guy Noa at Fowler White.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • 4 Rulings That Will Shape Clickwrap Litigation In 2021

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    Clickwrap litigation is expected to increase this year, following several 2020 judgments that show the courts' growing sophistication on assessing online user agreements and a continued surge in user growth fueled by COVID-19, says Brian Powers of PactSafe.

  • Lessons From 2020 Life Sciences Securities Class Actions

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    Life sciences companies can draw important insights from the many dismissal opinions that federal courts issued during 2020 in securities actions arising from adverse U.S. Food and Drug Administration actions and clinical development setbacks, say Yvonne Puig and Peter Stokes at Norton Rose.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • Food And Beverage Policy Trends To Monitor This Year

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    Companies can expect numerous changes to food and beverage regulation in 2021 — including new leadership at the U.S. Food and Drug Administration and the U.S. Department of Agriculture, more stringent enforcement efforts by the agencies, further use of virtual inspections, and progress in regulatory approvals for hemp and CBD products, say Robert Hibbert and Ryan Fournier at Wiley.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • 9th Circ. Gets Tougher On Experts At Class Certification

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    In Grodzitsky v. American Honda, the Ninth Circuit recently affirmed that rigorous analysis of expert testimony, including its admissibility, is essential when ruling on class certification — an encouraging sign for practitioners defending class actions, says Robert Sparkes at K&L Gates.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 5 Major Drug And Medical Device Developments In 2020

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    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • How 2020 Changed Product Liability — And What's Next

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    Like many other legal sectors, product liability regulation and litigation felt the sharp impact of COVID-19 in 2020, especially in health care and life sciences — and 2021 may hold more pandemic-related changes, as well as a new regulatory approach from the Biden administration, say attorneys at MoFo.

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