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Product Liability

  • January 16, 2019

    NJ Atty Seeks Revival Of Homeopathic Flu Remedy Fraud Suit

    Members of a New Jersey state appellate panel offered divergent views Wednesday on whether a lawyer had presented enough evidence to back up his class claims that homeopathic medicine from King Bio Inc. is falsely marketed as a treatment for the flu, a product he referred to as “a bottle of broken promises.”

  • January 16, 2019

    Curious Jury Gets Answers From Pathologist In J&J Talc Trial

    A pathologist fielded questions in a California courtroom Wednesday from jurors considering whether Johnson & Johnson baby powder contained asbestos that caused a dying woman’s cancer, explaining that the asbestos amounts found in the woman’s lung tissue and lymph nodes were too high to have come from ambient air.

  • January 16, 2019

    Mo. High Court Hits Pause On Looming J&J Talc Cancer Trial

    The Missouri Supreme Court has granted Johnson & Johnson's last-minute bid to pause a trial on claims that asbestos in the pharmaceutical giant's talcum powder products gave 13 women ovarian cancer, issuing a stay days before jury selection was scheduled to begin in St. Louis.

  • January 16, 2019

    Drugmakers Aim To Bump Delinquent Plaintiffs In Abilify MDL

    Bristol-Myers Squibb and Otsuka Pharmaceuticals asked a Florida federal judge Wednesday to require more than 550 plaintiffs to show why their claims should not be dismissed in the multidistrict legislation over the antipsychotic drug Abilify's side effects after they failed to submit plaintiff profile forms.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    PG&E's Ch. 11 Is Climate Change Wake-Up Call For Utilities

    Pacific Gas & Electric Co.'s plan to seek bankruptcy protection to address crippling liabilities for California wildfires should ring alarm bells for utilities, regulators and lawmakers in other states and force them to examine whether the current utility business model can accommodate climate change-related risks to energy infrastructure, policy experts say.

  • January 16, 2019

    Opioid Distributors Want 6th Circ. RICO Ruling Before Trial

    The Sixth Circuit should decide whether Racketeer Influenced and Corrupt Organizations Act and nuisance claims in multidistrict litigation over the opioid crisis hold up before the Ohio district court case moves on, drug distributors have told the trial court.

  • January 16, 2019

    Insys Shareholders Want Stay Lifted In Fentanyl Chancery Suit

    A class of shareholders suing pharmaceutical maker Insys Therapeutics Inc. and its directors over an alleged scheme to market a powerful opioid for off-label uses asked the Delaware Chancery Court to lift the stay in the proceedings to allow a motion to dismiss to move forward.

  • January 16, 2019

    Jury Told Chemical Co. Must Pay For Worker's Asbestos Death

    Counsel for the widow of a manufacturing plant worker who died of mesothelioma told a New Jersey jury during closing arguments Wednesday that asbestos supplier Union Carbide Corp. caused the "worst pain and suffering" possible and should be forced to pay damages to match.

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    Senate Dem Decries Shutdown Of Chemical Accident Probes

    A tiny federal agency that investigates chemical spills and related incidents in the energy sector can't do its job during the government shutdown, putting crucial probes into the causes of industrial accidents at risk, Democratic Sen. Tim Kaine of Virginia said Wednesday.

  • January 16, 2019

    NY AG Wants Pharma Co.'s DOJ Settlement Docs

    The New York attorney general on Tuesday asked a state court to force drug company Mallinckrodt PLC to hand over documents related to a federal investigation of the company's marketing of opioids as part of its own investigation into the company's practices.

  • January 16, 2019

    Wheeler 'Almost As Extreme' As Former EPA Head, Dem Says

    Senate Democrats harshly criticized acting U.S. Environmental Protection Agency chief Andrew Wheeler for his stances on climate change, auto emissions, mercury pollution standards and other issues at his confirmation hearing Wednesday, with one senator saying the positions "appear to be almost as extreme as his predecessor's."

  • January 16, 2019

    Calif. County Sues PG&E Over Deadly Nov. Wildfire

    Butte County in Northern California has sued Pacific Gas & Electric Co. in state court over the deadly wildfire that ravaged the county and killed 86 people last year, alleging the utility disregarded safety to increase its own profits.

  • January 15, 2019

    Kasowitz Tells DC Circ. That Chem Cos. Hid Dangers

    Kasowitz Benson Torres LLP told the D.C. Circuit on Monday that a lower court got it wrong when it tossed the firm's suit accusing four chemical companies of violating the Toxic Substances Control Act by failing to tell the U.S. Environmental Protection Agency about a chemical's alleged danger.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    Insurer Wants Out Of Covering Depomed In Opioid Litigation

    Navigators Specialty Insurance Co. has asked a California federal court to affirm that it doesn't have to defend or indemnify Depomed Inc.'s successor in more than three dozen suits over the drugmaker's role in the opioid crisis, saying the policies don't cover opioid-related injuries and "allegedly intentional wrongdoing."

  • January 15, 2019

    Gottlieb Says 400 FDA Staff Back On Inspections

    The head of the U.S. Food and Drug Administration on Tuesday said on Twitter that 400 agency staff members are being called back from furlough to carry out high-risk inspections for food, drugs and medical devices.

  • January 15, 2019

    Lewis Brisbois Lands Segal McCambridge Team In Philly

    Lewis Brisbois Bisgaard & Smith LLP is significantly beefing up the ranks of its Philadelphia-area office with a team of eight attorneys, including a new co-chair and co-vice chair for its life sciences practice, brought on board from Segal McCambridge Singer & Mahoney Ltd.

Expert Analysis

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • Circuits Left To Develop FCA Discovery Case Law

    Andy Liu

    Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.

  • Why Apple Customers Lost A Suit Over Storage Capacity

    Jeffrey Edelstein

    A California federal court recently dismissed a lawsuit filed by Apple customers over the advertised storage capacity of iPhones and iPads. The case illustrates the importance of accurate advertising about the technical specifications of products, but also the need for plaintiffs to draft their complaints with care, says Jeffrey Edelstein of Manatt Phelps & Phillips LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.