Product Liability

  • November 13, 2019

    Women Sue Co. Over 'Exorbitantly Priced' Preterm Birth Drug

    Pharmaceutical company AMAG Inc. knew that a drug advertised as reducing the chance of preterm births was no better than a placebo but continued to charge “breathtaking” prices for it anyway, according to a proposed class action filed in New York federal court.

  • November 13, 2019

    House Dems Skewer EPA Science Rule As Too Restrictive

    The U.S. Environmental Protection Agency's top scientist tried to reassure the House Science Committee on Wednesday about a proposed rule that would change how science is used in EPA rulemaking, but unconvinced Democrats repeatedly slammed the rule as improperly limiting data that could be considered.

  • November 13, 2019

    More Info Needed To Stop $135M Navistar Deal, Judge Says

    The Walt Disney Co. and US Foods Inc. have briefed only in “superficial terms” their concerns with a $135 million deal to end multidistrict litigation over allegedly defective Navistar diesel engines, an Illinois federal judge said at a hearing Wednesday.

  • November 13, 2019

    7th Circ. Ends Insurer's RICO Suit In Testosterone MDL

    The Seventh Circuit has refused to give an Ohio insurer another shot at its claims that pharmaceutical companies enticed it into paying for unnecessary prescriptions by misrepresenting the safety of testosterone replacement drugs, ruling that no reasonable jury could find the insurer was affected by allegedly misleading statements.

  • November 12, 2019

    No Ford Focus, Fiesta 'Shudder' At High Speeds, Jury Hears

    A Ford Motor Co. engineer testified in California federal court Tuesday that he hadn't seen evidence of "shudder" problems in Focus and Fiesta transmissions at high speeds, countering claims that a California man's Focus shuddered violently at high speeds even after numerous clutch repairs.

  • November 12, 2019

    Feds' Deal For Posting 3D-Printed Gun Plans Ruled Unlawful

    A federal judge in Washington state struck down as unlawful on Tuesday a Trump administration settlement last year that cleared the way for private groups to distribute online blueprints and instructions for manufacturing firearms with 3D printers.

  • November 12, 2019

    FDA's Special Treatment Of Big Tech Faces Mounting Scrutiny

    The U.S. Food and Drug Administration is taking heat from prominent lawmakers over a special approval pathway for health software products sold by Apple, Samsung and other major tech companies, opening the door to a congressional showdown over whether the agency has the right to start such a program.

  • November 12, 2019

    FAA Expands Boeing 737 NG Crack Inspections

    The Federal Aviation Administration on Tuesday said it was expanding inspections of Boeing 737 NG for structural cracks after four airplanes were found to have cracks outside the initial inspection area.

  • November 12, 2019

    Opioid Co. Inks $1.6M Deal To End Suit Over FDA Rejection

    Canadian drugmaker Intellipharmaceutics International Inc. has agreed to pay investors $1.6 million to settle a proposed class action alleging the company overstated opioid painkiller Rexista’s ability to deter abuse before the U.S. Food and Drug Administration rejected its approval.

  • November 12, 2019

    High Court Allows Sandy Hook Families To Sue Remington

    The Supreme Court rejected a bid by Remington on Tuesday to review a ruling by Connecticut state courts that allowed the families of Sandy Hook shooting victims to sue the gunmaker.

  • November 12, 2019

    Mass. Pot Board Largely Preserves State Ban On Weed Vapes

    Massachusetts' chief cannabis regulator announced Tuesday that it would largely preserve the governor's ban on vape devices for medical patients, specifically on products that produce an aerosol, while lifting the prohibition on devices that vaporize marijuana flower.

  • November 08, 2019

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The elite slate of attorneys chosen as Law360's 2019 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 08, 2019

    Pradaxa User's Labeling Claims Preempted, Calif. Judge Rules

    A California state judge on Friday handed Boehringer Ingelheim Pharmaceuticals a big win in consolidated litigation over its blood thinner Pradaxa, finding that federal law preempts a woman's claims that the pharmaceutical company should've more adequately warned doctors of the drug's internal bleeding risks.

  • November 08, 2019

    E-Cig Co. Must Face Youth Marketing Suit In State Court

    A North Carolina federal judge has ruled that state court is the proper venue for e-cigarette retailer Eonsmoke to face a claim it violated state law by advertising to young people and failing to verify online buyers’ ages, saying the claim is not preempted by federal law.

  • November 08, 2019

    Ocean Spray To Pay $5.4M To End 'No Artificial Flavors' Suit

    Ocean Spray Cranberries Inc. has agreed to pay $5.4 million and change its marketing to end a suit accusing the company of lying when it said certain juice-based beverages contained “no artificial flavors,” according to documents filed Friday in California federal court.

  • November 08, 2019

    VW Wants Redo Of Pre-Production Cars Ruling

    Volkswagen asked a Virginia federal judge Friday to reconsider his ruling preserving a proposed class action alleging it offloaded to unsuspecting consumers scores of test vehicles that it used for auto shows or loaned out to employees, insisting the suit's contract and fraud claims should've been axed.

  • November 08, 2019

    Hess' Faulty Valve Suit Against Schlumberger Gets Trimmed

    Schlumberger Technology Corp. convinced a Texas federal judge to end one claim for damages brought by Hess Corp. in a suit seeking about $200 million in damages stemming from allegedly faulty offshore drilling valves it purchased, agreeing that Hess can't recoup damages for methanol contamination in one well that it admittedly caused.

  • November 08, 2019

    Ben & Jerry's Sued For Calling Milk Cows 'Happy'

    The milk and cream that's used to make Ben & Jerry's beloved ice cream do not come from happy cows, despite what its packaging may claim, according to a new class action filed by a disgruntled dairy consumer.

  • November 08, 2019

    CDC Finds Vitamin E Link To Vaping Lung Illnesses

    The Centers for Disease Control and Prevention reported a "breakthrough" in the vaping related lung illness outbreak that has sickened more than 2,000 people and killed 39, saying that vitamin E acetate had been found in 29 samples taken from patients.

  • November 08, 2019

    Utah Agrees To Drop Partial Ban On Flavored Vapes

    Utah has agreed to drop an emergency rule barring nonspecialty tobacco shops from selling flavored e-cigarettes, the latest setback for states whose governors and health departments have sought to use emergency measures to curb vaping in response to lung illnesses linked to the products.

  • November 08, 2019

    Judge Refuses Recusal, Scolds Atty In Deepwater MDL

    A Louisiana federal judge on Friday rejected a call to recuse himself from multidistrict litigation surrounding the 2010 Deepwater Horizon oil spill and recommended a disciplinary proceeding against the attorney who wanted him off the case, saying the attorney may have violated the state rules of conduct.

  • November 08, 2019

    Juul's Online Verification Violates Ill. Biometric Law, Suit Says

    The photo verification software that Juul Labs Inc. uses in its online age-verification process improperly scans and stores consumers' facial geometry in violation of Illinois’ biometric privacy law, a proposed class alleges in state court.

  • November 08, 2019

    L'Oreal Buyers Ask 2nd Circ. To Revive Defective Pump Suit

    L'Oreal lotion buyers are asking the Second Circuit for another shot at a suit alleging the company sold products in defective pump bottles, saying the district court was mistaken in finding their claims were preempted by federal law.

  • November 07, 2019

    Keurig Beats Claims Of Arsenic-Laced Bottled Water, For Now

    A California federal judge on Thursday tossed a consumer lawsuit alleging that Keurig Dr Pepper Inc. misled the public by not disclosing that some of its bottled water had unsafe levels of arsenic, saying the plaintiff had not sufficiently shown he suffered an injury, but the judge will allow him to file an amended complaint.

  • November 07, 2019

    Sparks Fly In Opioid MDL As Judge, Attys Debate Next Trials

    The Ohio federal judge supervising multidistrict opioid litigation has warned attorneys for local governments and drug companies that he will unilaterally select future bellwether trials unless they quickly do so themselves, according to a meeting transcript obtained Thursday by Law360.

Expert Analysis

  • 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.

  • Assessing USDA Hemp Rule's Impact On Cannabis IP

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    Following the U.S. Department of Agriculture's Oct. 29 rule establishing a regulatory framework for hemp production, industry players are increasingly seeking to fortify their business plans with intellectual property, whether to secure a competitive edge or increase company valuation, says Pauline Pelletier of Sterne Kessler.

  • Top Class Settlement Admin Factors To Consider In 2020

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    Managing class action settlement issues like notice, fraud and judicial standards may become more complex and expensive as new obstacles, such as the California Consumer Privacy Act, come into play next year, says Jeanne Finegan at HF Media.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.