Product Liability

  • July 19, 2019

    J&J Still Can't Transfer 2,400 Talc Suits To Del. Fed. Court

    Johnson & Johnson lost another bid to transfer 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to Delaware federal court on Friday, when a judge found that the company failed to prove the case is "related to" its talc supplier's bankruptcy case.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    Research Refutes J&J Talc Asbestos Claims, Jury Hears

    An attorney defending Johnson & Johnson against claims its talcum powder caused mesothelioma pressed an environmental health expert on Friday to acknowledge research to the contrary, highlighting for a New Jersey jury asbestos studies by scientists and the company’s sophisticated quality control and asbestos detection methods.

  • July 19, 2019

    'Everybody In The Crosshairs' As DOJ Opioid Blitz Gets Real

    The U.S. Department of Justice's newest indictment of a painkiller distributor and its executives strongly suggests that the agency has embarked on a calculated criminal crackdown after years of civil enforcement failed to ease the opioid epidemic.

  • July 19, 2019

    Couple Tries To Save $2B Roundup Win After Judge Slashes It

    A couple urged a California judge Friday to keep intact a $2.055 billion jury verdict against Monsanto in a trial over claims its Roundup contributed to their cancer, after the judge tentatively ruled that the award should be cut significantly.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Fed. Circ. Revives Suit Alleging Air Force Contaminated Water

    The Federal Circuit on Friday revived two California water districts' case over hexavalent chromium contamination allegedly stemming from a local U.S. Air Force base, saying a lower court had misclassified their claims as a regulatory taking dispute instead of a physical taking case.

  • July 19, 2019

    Gamers Say Nintendo Joystick Defect Ruins Controllers

    A proposed class of video game players sued Nintendo of America Inc. in Washington federal court on Friday, saying the acclaimed developer has known about a defect in controllers for its latest system but refuses to fix it.

  • July 19, 2019

    Rig Worker 'Engulfed In Flames' Sues Houston Equipment Co.

    A man who was seriously injured while working on an offshore oil rig platform when a flash fire ignited has filed a lawsuit against the manufacturer of the piece of equipment he believes started the blaze, seeking more than $1 million in damages.

  • July 19, 2019

    US, China Butt Heads Over Beef Trade Restrictions

    The U.S. government on Friday leaned on China to peel back its restrictions on American beef, accusing Beijing of being overly wary of mad cow disease even though the U.S. has been deemed a "negligible risk" for that affliction.

  • July 19, 2019

    GSK Calls For Preemption Ruling In Zofran Birth Defect MDL

    GlaxoSmithKline has renewed its bid to end multidistrict litigation in Massachusetts federal court over claims it didn’t warn customers about alleged birth defects resulting from its anti-nausea medication, saying a recent Supreme Court ruling opens the way for the judge to rule the claims are preempted by federal law.

  • July 19, 2019

    Fla. High Court Won't Reinstate Smoker's $46.5M Verdict

    The Florida Supreme Court declined to take up the appeal of a decision overturning a $46.5 million verdict for a now-deceased smoker in an Engle progeny trial against R.J. Reynolds.

  • July 22, 2019

    Q&A With Skadden Mass Torts Leader John Beisner

    Skadden Arps Slate Meagher & Flom LLP's John Beisner — recently tapped by Bayer AG to advise the company on the ongoing litigation over its weedkiller Roundup — talked with Law360 about what changes he's seen in mass tort proceedings, his most challenging cases and his reflections on the passing of the late Justice John Paul Stevens.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    Talc Left 'Fingerprint' In Ky. Travel Agent's Lungs, Jury Hears

    A Kentucky travel agent who died of mesothelioma had a signature mix of talc and asbestos in her lung tissue traceable to talcum powder, according to evidence presented Thursday in an unusual joint trial against manufacturers Johnson & Johnson and Colgate-Palmolive.

  • July 18, 2019

    EPA Won't Ban Chlorpyrifos, Legal Battle Looms

    The U.S. Environmental Protection Agency on Thursday confirmed its decision not to ban the pesticide chlorpyrifos, though several states have banned it over its link to negative health impacts and environmental groups continue to push for limits on it.

  • July 18, 2019

    3rd Circ. Exceeded Authority In Liability Ruling, Amazon Says

    Amazon.com Inc. accused a Third Circuit panel on Wednesday of legislating from the bench when it handed down a precedent-setting decision this month finding that the online retailer could be held liable for defective products manufactured by third parties, asking for the entire court to hear the case.

  • July 18, 2019

    DOJ's New Enviro Cases Down Nearly A Third, Report Says

    The U.S. Department of Justice has filed a steadily decreasing number of environmental lawsuits in federal district court since 2010, while green groups have picked up some of the slack and law firms are busier than ever, according to a new litigation report.

  • July 18, 2019

    Pfizer Hid Risks Of Sepsis, Amputation On Labels, Suit Says

    An Arkansas woman sued Pfizer Inc. on Thursday, saying the company failed to warn U.S. customers that an arthritis drug can cause sepsis, resulting in the amputation of all four of her limbs, while European labels of the same drug contain such warnings.

  • July 18, 2019

    Ill. Latest Battleground For Bayer In Essure Safety Suits

    Bayer Corp. has been hit with a lawsuit in Illinois state court claiming the company misrepresented the safety of its Essure permanent birth control device and hid its serious and potentially life-threatening risks in women.

  • July 18, 2019

    Texas Firms Aim To Dodge NJ Pelvic Mesh Malpractice Suit

    Potts Law Firm and other Texas firms accused of improperly pocketing excessive attorney fees from roughly 1,450 pelvic mesh victims have asked a New Jersey federal court to toss a proposed class action against them, arguing the plaintiff didn't actually "sustain any damages."

  • July 18, 2019

    DOJ Indicts Opioid Distributor, Execs Over Painkiller Sales

    Drug distributor Miami-Luken Inc. flooded rural towns with painkillers to profit off an epidemic of opioid addiction, the U.S. Department of Justice said in an indictment unsealed Thursday that targets the company and two of its executives.

  • July 18, 2019

    Drugmakers Tell 7th Circ. Insurer's Testosterone Suit Flawed

    A group of pharmaceutical companies is urging the Seventh Circuit not to revive a suit by Medical Mutual of Ohio that accused them of running a conspiracy to hide the harmful effects of testosterone supplements, saying the insurer never showed how it relied on their alleged misrepresentations.

  • July 17, 2019

    Ethicon Mesh Had Abysmal Success Rate, Surgeon Says

    An expert witness in California's ongoing trial against Johnson & Johnson for allegedly false pelvic mesh marketing testified Wednesday that when researchers studied the mesh's success rate in patients, it was abysmal — only 50% to 70% of implantations solved existing problems without causing new ones.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

Expert Analysis

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Data Analytics Decision Highlights Product Liability Questions

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    In Rodgers v. Laura & John Arnold Foundation, a New Jersey federal court recently held that a public safety assessment based on data analytics was speech rather than a product. The decision suggests that consumers led astray by analytics may want to consider remedies outside of product liability law, say Davis Walsh and Richard Beaulieu of McGuireWoods.

  • What High Court's Kisor Ruling Means For FDA Decisions

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    The U.S. Supreme Court's decision in Kisor v. Wilkie, weakening Auer deference, gives courts more authority to challenge agency decisions — even those concerning very technical regulations, as many of the U.S. Food and Drug Administration's do, say attorneys at Axinn.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Preemption Vs. Public Nuisance, In Aviation And Opioids

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    A recent Iowa Supreme Court ruling concerning a local airport commission's authority to condemn a structure declared safe by the Federal Aviation Administration presents many of the same preemption questions that will play out in opioid litigation, says Richard Dean of Tucker Ellis.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Online Marketplaces: Continuing Product Liability, CDA Issues

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    Two federal circuit courts recently ruled on whether online marketplaces can incur liability for products manufactured or sold by third parties, and on whether the Communications Decency Act of 1996 bears on this question. The cases highlight the difficulty of assessing whether a claim is speech- or product-related, says Steven Kramer of Eckert Seamans.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Del. Justices Highlight Directors' Risk Oversight Duties

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    The Delaware Supreme Court's recent decision in Marchand v. Barnhill reaffirms directors' responsibility for instituting board-level reporting systems related to compliance risks for an organization. Practically, management and boards should focus on those risks that pose an existential threat to a business, say Kevin Logue and Rick Horvath of Paul Hastings.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.