Product Liability

  • November 15, 2019

    RJR, Phillip Morris Owe $157M To Smoker's Widow, Jury Says

    A pair of tobacco giants face a total $157 million verdict after jurors in a Florida state court granted the husband of a man who died of lung disease nine-figure punitive damages for their decades-long conspiracy to bury the risks of smoking.

  • November 15, 2019

    Recently Reversed: How J&J, Avis & LG Toppled Big Verdicts

    Johnson & Johnson's escape from a $110 million verdict in Missouri and the overturning of a pair of federal fraud convictions in New York highlight this edition of Law360’s recurring look at recently reversed trial verdicts.

  • November 15, 2019

    J&J's $572M Opioid Loss Cut To $465M As Judge Fixes Math

    An Oklahoma judge formally slashed Johnson & Johnson's $572 million defeat in the nation's first opioid-crisis trial to $465 million Friday after acknowledging an astonishing arithmetic error.

  • November 15, 2019

    Motley Rice's Joseph Rice On The Opioid MDL And More

    Motley Rice LLC’s Joseph Rice speaks to Law360 about the ongoing multidistrict litigation over the opioid crisis, which has resulted in settlements worth $260 million so far, as well as the changes in jury verdicts and the law he has seen over the years.

  • November 15, 2019

    EPA Can't Trim Suit Seeking Tighter Asbestos Standards

    A California federal judge on Friday denied the U.S. Environmental Protection Agency's attempt to dodge part of a lawsuit filed by health and environmental groups that are looking to force the EPA to tighten asbestos regulations.

  • November 15, 2019

    Indivior Can't Duck Opioid Marketing Fraud Indictment

    Indivior can’t shed an indictment alleging it engaged in fraudulent opioid marketing just because prosecutors gave a grand jury evidence about a doctor’s unrelated fraud convictions, a Virginia federal judge has ruled, saying the company’s concerns about guilt by association were overstated.

  • November 15, 2019

    Purdue Says Paying States' Costs Will Help Ch. 11 Estate

    Bankrupt drugmaker Purdue Pharma LP told a New York bankruptcy court Friday that its plan to pay the expenses of state governments participating in a settlement of claims related to Purdue’s role in the opioid epidemic is a sound exercise of its business judgment and is essential to the Chapter 11 case.

  • November 15, 2019

    Opioid Distributors Didn't Cause Nuisance, Pa. Judge Told

    Public nuisance laws should not be applied to hold drug distributors responsible for misuse of prescription painkillers by consumers, a Pennsylvania judge heard during arguments Friday over a second wave of test cases from county governments forced to respond to the opioid epidemic.

  • November 15, 2019

    CBD Retailer Says Dosage Suit Doesn't Show Actual Injury

    A Florida cannabidiol retailer has asked a federal court to toss a proposed class action claiming its products do not contain the advertised amounts of CBD, saying federal regulation allows some leeway for actual amounts of natural nutrients in dietary ingredients.

  • November 15, 2019

    US, China Make Moves To Open Up Poultry Trade

    China announced Thursday that it has lifted its ban on U.S. poultry imports, a week after the U.S. Department of Agriculture said it would allow chicken killed in China to be exported into the U.S.

  • November 15, 2019

    Negligence Claims Trimmed In Ricola Cough Drop Label Suit

    A New York federal judge has trimmed claims for negligence and unjust enrichment from a suit brought by a Ricola cough drop buyer alleging that the company’s “naturally soothing” claims are misleading, but allowed her state law false advertising claims to move forward.

  • November 15, 2019

    Massachusetts Supreme Court Keeps Vape Ban In Place

    The Massachusetts Supreme Judicial Court on Thursday upheld a pair of lower court rulings that said the governor overstepped his authority in rolling out a ban on the sale of vaping products, but left the controversial measure in place as the legal fight continues.

  • November 15, 2019

    Whole Foods Accused Of Hiding Sugar In Oatmeal Ingredients

    A proposed class of consumers took Whole Foods Market Group Inc. to New York federal court on Friday, claiming buyers were misled by the ingredients label on the retailer’s instant oatmeal because it hides the product's added sugar content under a different term.

  • November 14, 2019

    CBD Capsule Case Belongs In State Court, Plaintiff Says

    A truck driver who claims he was fired for positive marijuana tests after taking CBD capsules that contained THC asked a federal court to remand his case against the CBD company back to state court, saying none of his claims are based on federal law.

  • November 14, 2019

    Ford Owes $64K In First PowerShift MDL Verdict

    Ford violated California's lemon law by declining to buy back a Ford Focus after numerous clutch repairs and transmission issues, a California federal jury ruled Thursday in the first verdict to come from nearly 1,000 consolidated federal cases over alleged defects in Focus and Fiesta PowerShift transmissions.

  • November 14, 2019

    Insys Alters Ch. 11 Plan After Claimant Deal Falls Through

    Bankrupt drugmaker Insys Therapeutics told a Delaware judge Thursday that it would be moving forward with an amended Chapter 11 plan of liquidation after it failed to reach consensus with all creditor parties on how the estate’s assets should be distributed.

  • November 14, 2019

    Paint Cos. Tell Ill. Justices They Don't Owe For Blood Tests

    Sherwin-Williams, Conagra and other paint manufacturers told the Illinois Supreme Court on Thursday that a class of Illinois parents can’t sue them for the costs of their children’s mandatory blood tests to check for lead because Medicaid ultimately covered the expense.

  • November 14, 2019

    Ex-NFL Player Agrees To Pay $1.25M Concussion Deal Loan

    An ailing retired NFL player has agreed to pay litigation funder Thrivest $1.25 million to repay a $500,000 loan tied to the NFL concussion settlement, ending a yearslong legal battle and foreshadowing victory for Thrivest in more than 30 similar cases.

  • November 14, 2019

    Several Families Settle With Boeing Over Lion Air Crash

    An Illinois federal judge on Thursday approved nine confidential settlements in a consolidated case against Boeing over the October 2018 Lion Air crash that killed all 189 passengers on board.

  • November 14, 2019

    9th Circ. Strikes Key Part Of EPA Toxic Substances Rule

    The U.S. Environmental Protection Agency must consider outdated uses of a chemical when evaluating the substance's health and environmental risks, the Ninth Circuit said Thursday.

  • November 14, 2019

    Nestle Sued Over 'Fake' White Chocolate Chips

    Two California residents have sued Nestle USA for allegedly misleading buyers of its "premier" white chocolate by selling chips that contain hydrogenated oil instead of cocoa, in violation of FDA labeling rules.

  • November 14, 2019

    Calif. Opens Investigation Into Utilities' Power Shutoffs

    California's utility overseer has announced that it will investigate whether Pacific Gas & Electric Co., Southern California Edison and San Diego Gas & Electric made the right decision when they shut off electric power to millions of people in an effort to prevent power lines from sparking wildfires.

  • November 14, 2019

    Buyers Urge 9th Circ. To Revive General Mills False Ad Suit

    A proposed class of consumers is urging the Ninth Circuit to give them another shot at a suit alleging General Mills Sales Inc. falsely claimed its cereals and bars were healthy, saying the lower court misrepresented their claims when it dismissed the suit in August.

  • November 14, 2019

    2 Firms Get $3M Payday In Google, Huawei Faulty Phone Suit

    Two law firms will be walking away with $3 million of the $9.75 million deal they negotiated with Google and Huawei to end claims that the companies sold faulty smartphones prone to battery and startup issues.

  • November 14, 2019

    Purdue's Law Firms Must Return Retainers, US Trustee Says

    The U.S. trustee in Purdue Pharma LP's bankruptcy case has objected to the company's bid to let its law firms, including Skadden and Davis Polk, keep the retainers they were paid before Purdue's bankruptcy filing, saying the move unfairly favors those firms over other creditors in the case.

Expert Analysis

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Opinion

    Flavored Vape Ban In Wash. Won't Alleviate Lung Illness Crisis

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    The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Teaching Witnesses To Avoid Cross-Examination Traps

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    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

  • 4 Keys To Defending E-Cig Battery Explosion Cases

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    As personal injury claims related to exploding lithium-ion batteries in vaping devices increase, defendants must understand the challenges facing both sides to increase the chance of avoiding liability, say Edward Abbot and David Freed of Hawkins Parnell.

  • An Inside Look At PFAS Regulatory Action: Part 2

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    In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

  • An Inside Look At PFAS Regulatory Action: Part 1

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    In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.