Product Liability

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    California AG Announces Appeal Of Purdue Ch. 11 Plan

    California Attorney General Rob Bonta on Friday became the latest attorney general to announce an appeal of the approval of Purdue Pharma's Chapter 11 plan, saying the OxyContin maker's former owners in the Sackler family must be held accountable for their part in the opioid crisis.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Walgreens Escapes 'Pink Tax' Suit Over Hair Loss Meds

    A California federal court has tossed a proposed class action against Walgreens by a shopper accusing the company of charging a "pink tax" on women's hair loss products, finding that the pharmacy chain can't deviate on the labeling approved by the U.S. Food and Drug Administration.

  • September 24, 2021

    Health Beverage Co. Seeks To Block Rival's Name In IP Suit

    Health food and beverage company Remedy Organics asked a New Jersey federal court Friday to block a competitor from using the name Remedy Drinks, saying the brand infringes its registered trademark and has already fostered confusion in the marketplace.

  • September 24, 2021

    SC Jury Awards $32M In Kraft Heinz Asbestos Death Suit

    A South Carolina jury has hit Kraft Heinz Co. and Metal Masters Inc. with a $32 million verdict in a suit by a worker who alleges that his wife died of mesothelioma as a result of asbestos exposure through his work at a facility Kraft Heinz owned in the state.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    Skechers Gets Sneaker Burn Suit Tossed For Good

    An Illinois federal judge on Tuesday tossed a proposed class action brought by a woman who claimed that Skechers USA Inc.'s light-up sneakers burned her son's feet, saying her allegations didn't point to any direct statements by the shoe manufacturer related to the shoes' alleged defect.

  • September 23, 2021

    Linda Evangelista Files $50M Suit Over 'Disfiguring' Procedure

    Supermodel Linda Evangelista hit an Allergan PLC unit with a $50 million negligence suit in New York federal court, alleging that the company's 2015 fat-reduction procedure left her "permanently disfigured" and suffering from severe social anxiety and agoraphobia as a result.

  • September 23, 2021

    Edelson Nabs Interim Lead In Tech Giant Gambling App MDL

    A California federal judge on Thursday appointed Edelson PC interim class counsel in multidistrict litigation accusing Apple, Google and Facebook of illegally peddling slot machines and other Las Vegas-style gambling games on their platforms while raking in billions in revenue from commissions off every wager made in these so-called "social casinos."

  • September 23, 2021

    Monsanto PCBs Contaminated Del. Waterways, AG Suit Says

    Monsanto Co. knew in the 1930s that its PCBs were toxic, yet it continued to produce them for decades, ultimately contaminating Delaware's many waterways, the state and its attorney general said in a state court complaint Thursday.

  • September 23, 2021

    Judge Says 3rd Time's The Charm For Cop's Glock Defect Suit

    A California federal judge said Wednesday a retired Oakland police officer's proposed class action alleging a defect in Glock handguns causes them to "dangerously blow apart" can proceed, finding the former officer has adequately shown law enforcement complained to the manufacturer about guns exploding.

  • September 23, 2021

    Big Oil Aims To Pause Remand In Hoboken's Climate Suit

    Big Oil companies and the American Petroleum Institute want a New Jersey federal court to pump the brakes on its order remanding the city of Hoboken's suit seeking climate change costs to state court to allow for a Third Circuit appeal.

  • September 23, 2021

    No 9th Circ. Rehearing In VW Bondholders' Emissions Suit

    The Ninth Circuit on Thursday said it will not grant a rehearing of a suit alleging Volkswagen AG misled bondholders into buying overpriced bonds by hiding the existence of devices intended to cheat emissions tests.

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 23, 2021

    Kelley Kronenberg Adds Atty To Expanding Insurance Practice

    Florida-based law firm Kelley Kronenberg continued its insurance defense litigation practice expansion Tuesday by adding a new partner in Miami.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

  • September 22, 2021

    Fla. Appeals Court Reverses $10.5M Smoker's Award

    A Florida appeals court Wednesday reversed a $10.5 million jury award to a former Marine who lost his larynx after getting smoking-related cancer, ruling that the smoker's claims against Philip Morris are barred by Florida's statute of repose for fraud.

  • September 22, 2021

    Superfund Tax Would Boost Cleanups At Polluted Sites

    Underfunded cleanups at Superfund sites that have sat neglected for years would get a major shot in the arm from a congressional plan to revive a decades-dormant tax on chemicals and possibly on crude oil.

  • September 22, 2021

    Aldi Freed From False-Ad Claims Over 'Vanilla' Almond Milk

    A New York federal judge permanently tossed a consumer lawsuit Tuesday alleging that grocery chain Aldi falsely labeled its almond milk as "vanilla," causing consumers to be misled into believing its vanilla flavor came exclusively from vanilla beans, with the judge saying an amended complaint would be futile.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    6th Circ. Says GE Not Liable For $44M Rail Yard Clean-Up Bill

    The Sixth Circuit refused to revive efforts to force General Electric to foot an at least $44 million clean-up bill for rail yards contaminated with polychlorinated biphenyls that leaked out of old rail cars, agreeing that GE neither operated the sites nor arranged for PCBs to be disposed of there.

  • September 22, 2021

    Mattis Doubted Theranos 'Transparency,' Holmes Jury Hears

    Former defense secretary and onetime Theranos board member James Mattis testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud jury trial Wednesday that he concluded the company had "transparency issues" after learning from news reports that it was performing some blood tests on non-Theranos equipment.

  • September 22, 2021

    Police Say Court Erred In Halting Bulletproof Vest Class Action

    A group of police associations and officers urged the Eleventh Circuit on Wednesday to revive their suit alleging a design defect in bulletproof vests made by Florida-based Point Blank Enterprises Inc., arguing the trial court made numerous legal errors in denying them class certification.

  • September 22, 2021

    Harley-Davidson Inks Deal To End Defective Brake Suit

    Harley-Davidson Motor Co. Group LLC and a pair of bikers have reached a deal to end the bikers' claims in California federal court that the company sold them motorcycles with dangerously defective anti-lock braking systems.

Expert Analysis

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • What 9th Circ.'s Tinder Ruling Means For Class Settlements

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    The Ninth Circuit's recent opinion in Kim v. Allison, rejecting a precertification settlement of class claims that Tinder committed age discrimination, offers important insights for class action litigants and counsel on that court's shift toward increasingly stringent scrutiny of such settlements, say attorneys at McGuireWoods.

  • Opinion

    How PFAS Action Act Could Complicate Superfund Cleanups

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    If the PFAS Action Act — recently passed by the U.S. House of Representatives — becomes law, it will likely have sweeping implications for regulated businesses and industries, including prolonging the remediation and redevelopment of Superfund sites affected by releases of per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Online Retailers' Losing Streak Shows Evolving Liability Trend

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    In the two years since the Third Circuit’s ruling in Oberdorf v. Amazon, more courts are holding online retailers liable for products sold on their websites by third parties, signaling a new trend that is likely to continue to pick up speed, say attorneys at Steptoe & Johnson.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Opinion

    Superfund: The Wrong Tool For PFAS Cleanup Efforts

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    Legislation pending in Congress that would bring per- and polyfluoroalkyl substances under the umbrella of the Superfund law is ill-suited to deal with the unique challenges posed by these chemicals, and could divert resources from remediation to protracted, expensive litigation, says Philip Comella at Freeborn & Peters.

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