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Product Liability

  • November 13, 2018

    NHL Ends Concussion MDL With $19M Tentative Settlement

    The National Hockey League has agreed to pay nearly $19 million to end multidistrict litigation brought by more than 300 retired players alleging they endured long-term problems from head trauma suffered on the ice, a deal some experts said fell short of expectations after the league put up a stiff defense.

  • November 13, 2018

    Toyota Drivers Seek to Keep Distributor In Faulty HVAC Suit

    Drivers in a proposed class action have asserted in Florida federal court that Southeast Toyota Distributors LLC knew its cars had defective ventilation systems but said nothing, an act of omission that should keep it on the hook despite its attempts to get out of the case.

  • November 13, 2018

    Gottlieb Says FDA Acted Slowly On Opioids

    The head of the U.S. Food and Drug Administration on Tuesday said that the agency in the past had been too slow to act on the opioid crisis and it now plans to look into developing guidelines for prescribing the drugs.

  • November 13, 2018

    Imprimis Gets $100K Knocked Off Allergan Sanctions Bill

    A California federal judge on Tuesday ordered Imprimis Pharmaceuticals Inc. to pay $50,000 in attorneys' fees to Allergan USA Inc. as sanctions for violating discovery orders in a false advertising case, which is $100,000 less than what Allergan had requested.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    Pa. Water Co. Wants Seller To Cover Subsidiary's Legal Costs

    Pittsburgh-based Evoqua Water Technologies Corp. wants French company Bio UV Group SAS to pick up the legal bills for a company Evoqua bought from it in 2016, claiming in state court Tuesday that a hot-tub maker's claims against the purchased company should be covered by the indemnification language in the stock purchase agreement.

  • November 13, 2018

    Homeowners Seek Remand Of Suit Against Brad Pitt's Org

    Homeowners suing a foundation launched by Brad Pitt, which built homes in the aftermath of Hurricane Katrina, over allegedly defective construction urged a federal court Monday to remand the suit to state court because a vast majority of the proposed class members are Louisiana residents.

  • November 13, 2018

    Juul Pulls Flavored E-Cigs As New FDA Regulations Loom

    Juul Labs announced Tuesday that it was pulling its flavored products from stores and taking other steps to address youth use of e-cigarettes, days after reports that the Food and Drug Administration is gearing up for a crackdown against e-cigarette companies.

  • November 13, 2018

    Jury Awards $260M After Man's Death In Crash

    A Texas jury has awarded $260 million over an accident in which a man was killed when his van ran into the side of a tractor-trailer positioned across all four lanes of a highway, according to the victim's parents' lawyers.

  • November 13, 2018

    11th Circ. Won't Rethink GE Unit's Arbitration Bid In $45M Suit

    The Eleventh Circuit has declined to reconsider its decision that an Alabama steel plant owner doesn’t have to arbitrate its $45 million dispute with a French unit of General Electric Co. over allegedly faulty motors because there’s no written arbitration agreement between the parties.

  • November 13, 2018

    FDA Warns Stem Cell Co. On Marketing, Manufacturing

    The U.S. Food and Drug Administration on Tuesday announced it had sent a warning to StemGenex Biologic Laboratories LLC for marketing a purported stem cell product without federal approval and for deviating from good manufacturing practices in ways that could lead to the product’s contamination.

  • November 13, 2018

    Hess Agrees To Pay $8.72M For Spill That Killed Pelicans

    Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.

  • November 13, 2018

    Justices Won’t Hear Cert. Dispute In Vitamin E Labeling Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Pharmavite LLC over the certification of a class in a suit alleging its vitamin E supplements were misleadingly labeled.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit

    A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.

  • November 9, 2018

    Textile Co. Wants Out Of Thread Count Suit With TJ Maxx

    An Indian textile manufacturer urged a Massachusetts federal judge Friday to dismiss it from a proposed class action over allegedly inflated thread counts on bedding and linen products sold at Marshalls, HomeGoods and other TJX Companies Inc. stores, saying the court lacks jurisdiction over it.

  • November 9, 2018

    Judge OKs Release Of Market Share Data In Opioid MDL

    The Ohio federal judge overseeing massive multidistrict litigation over the nation's opioid crisis granted a request by lead attorneys for local governments to distribute market share data, from a federal database, of opioid sales to counties and other entities.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    New York City Asks 2nd Circ. To Revive Climate Suit

    New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.