Product Liability

  • June 21, 2021

    Ga. Supplement Seller Admits To Selling Unapproved Steroids

    A Georgia-based dietary supplement company and its owner have pled guilty in Virginia federal court to a felony charge for distributing anabolic steroids and steroid-like drugs without U.S. Food and Drug Administration Approval.

  • June 21, 2021

    Judge Blasts 'Breathtaking' Atty Fee Bid In Roundup MDL

    A California federal judge on Monday said a request by lead counsel in multidistrict litigation over Monsanto's weedkiller Roundup that a certain percentage of any consumer's recovery be held back for a common benefit fund, even if they weren't part of the MDL, was too "far-reaching."

  • June 21, 2021

    EPA's Draft Formaldehyde Assessment Can Stay Private

    A D.C. federal judge said the U.S. Environmental Protection Agency does not have to release a draft assessment on the human health risks of formaldehyde, deciding that it reveals the deliberations of the agency and is exempt from public records law.

  • June 21, 2021

    Entwistle, Wolf Haldenstein Vie To Rep Emergent Investors

    Entwistle & Cappucci LLP and Wolf Haldenstein Adler Freeman & Herz LLP are competing in Maryland federal court to represent a proposed class of investors in a consolidated action claiming that biopharmaceutical company Emergent BioSolutions Inc. misled the public about how prepared it was to handle a pair of high-profile deals to manufacture COVID-19 vaccines.

  • June 21, 2021

    Mich. Clinic Workers Indicted In Alleged $6.6M Opioid Scheme

    The owners and other employees of a Michigan medical clinic have been indicted for an alleged scheme to illegally distribute more than $6.6 million worth of opioids, the U.S. attorney for the Eastern District of Michigan announced Monday.

  • June 21, 2021

    Rising Star: Covington & Burling's Emily Ullman

    Covington & Burling LLP's Emily Ullman has defeated class certification in the sprawling opioid multidistrict litigation and ended another MDL over allegations that Cialis and Viagra cause melanoma, earning her a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 21, 2021

    Jury Says Service Member's 3M Earplug Injury Worth $1.7M

    A Florida federal jury said Friday that a service member sustained $1.7 million in hearing loss damages from 3M's combat earplugs, and that 3M was 62% responsible, handing the company its second loss in three rapid-fire bellwether trials.

  • June 18, 2021

    US Chamber Urges Justices To Review NY Opioid Tax Row

    The U.S. Supreme Court should review a challenge to a New York law imposing $600 million in payments on opioid distributors to clarify limits on federal interventions into state taxes, the U.S. Chamber of Commerce urged Friday.

  • June 18, 2021

    Oil Rig Owner Says It Didn't Agree To Arbitrate Accident Fight

    The owner and manager of an offshore oil rig that collapsed in a deadly 2015 accident off the coast of Mexico are urging a New York court to halt arbitration initiated by a maritime classification society that's seeking indemnification for negligence claims being asserted in Texas.

  • June 18, 2021

    Judge OKs Honeywell Appeal Of FCA Damages Offset Denial

    A D.C. federal judge said Friday that Honeywell could immediately appeal a ruling that it couldn't offset its damages based on other companies' related settlements, in a long-running False Claims Act case over allegedly defective body armor sold to government agencies.

  • June 18, 2021

    Saint-Gobain Fights Whistleblower Deposition In PFOA Case

    Saint-Gobain has moved to sharply limit the kind of testimony a former in-house counsel-turned-whistleblower may provide in a class action over alleged chemical contamination, telling a Vermont federal court that the testimony is subject to privilege concerns.

  • June 18, 2021

    Bard Hit With $3M Verdict In Vein Filter Suit

    A Wisconsin federal jury on Thursday delivered a $3.3 million verdict in favor of a woman who claimed that a vein filter made by C.R. Bard fractured and a part became embedded in her heart after jurors found that the company was liable for failing to warn of the device's risks.

  • June 18, 2021

    GSK Gets Top Court Assist In MDL Victory 'Roadmap'

    A sweeping order ending more than 400 cases alleging GlaxoSmithKline's anti-nausea medication Zofran causes birth defects provides a "roadmap" for fending off multidistrict litigation with the help of a landmark U.S. Supreme Court ruling, experts say.

  • June 18, 2021

    Rising Star: Andrus Wagstaff's David Wool

    Andrus Wagstaff PC partner David Wool's trial and appellate wins on behalf of a Roundup user who won a $25 million judgment against Monsanto over his claims that its weedkiller caused his cancer landed him a place on Law360's list of product liability lawyers under 40 honored as Rising Stars for 2021.

  • June 18, 2021

    Girardi Keese Loaned $20M To Erika Girardi's Biz, Atty Says

    Reality television star Erika Girardi's companies may have received over $20 million in loans from her husband's law firm, Girardi Keese, along with improperly assigned fees from a client settlement, a bankruptcy trustee's special counsel claimed Friday in court documents.

  • June 17, 2021

    Court Says Liberty Mutual Must Pay Full Asbestos Settlements

    Liberty Mutual must pay asbestos exposure victims the full settlements it negotiated on behalf of a defunct valve maker, a New York state court has found, saying the insurer couldn't pay for only periods in which it had active policies with the manufacturer.

  • June 17, 2021

    Walmart CEO Faces Opioid MDL Grilling Despite Protest

    A special master in multidistrict opioid litigation has shot down Walmart's assertion that a requested deposition of its CEO is "harassing on its face," ruling that the grilling can go forward.

  • June 17, 2021

    Reddit Says Section 230 Shields It From Child Porn Suit

    Reddit told a California federal judge that a federal liability shield for online platforms protects it from a proposed class action accusing the website of actively profiting from child pornography.

  • June 17, 2021

    Ex-Merck Sales Rep Asks 9th Circ. To Revive Kickback Fight

    A whistleblower's counsel urged the Ninth Circuit on Thursday to revive nearly 12-year-old allegations that Merck and Co. and other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, arguing that the former sales employee knew enough about the alleged fraud to proceed with his claims.

  • June 17, 2021

    Biden Admin. Further Delays Lead And Copper Rule

    The U.S. Environmental Protection Agency has announced it is again delaying implementation of regulations aimed at protecting children from lead in their drinking water that were finalized in the waning days of the Trump administration.

  • June 17, 2021

    Cosmetics Trade Group Escapes J&J Asbestos-In-Talc MDL

    New Jersey's top federal judge has tossed claims against a nonprofit cosmetics trade association in multidistrict litigation over the alleged link between Johnson & Johnson's talcum powder products and ovarian cancer, finding that the group does not have a "legal duty to consumers" to make sure the products are safe.

  • June 17, 2021

    HHS Chief Faces Call To Fire FDA Brass After Biogen Approval

    A nonprofit consumer advocate wants U.S. Food and Drug Administration decision makers behind the controversial approval of the first Alzheimer's treatment in nearly two decades to leave their positions.

  • June 17, 2021

    Coke Recyclable Bottle Claims Misleading, Consumers Say

    The Coca-Cola Co. and other bottled beverage companies are purposefully deceiving consumers through marketing claiming their bottles are 100% recyclable even though that's far from the truth, the Sierra Club and a proposed class of California consumers said Tuesday.

  • June 16, 2021

    Senate Confirms Biden's EPA Water Office Nominee

    The U.S. Senate on Wednesday confirmed President Joe Biden's nominee to lead the U.S. Environmental Protection Agency's water office during a week that saw several other high-profile agency nominees make progress through the confirmation process.

  • June 16, 2021

    Trader Joe's Dodges Suit Over Vanilla Flavoring

    A California federal judge has tossed a proposed class action accusing Trader Joe's of mislabeling its vanilla almond cereal, dismissing without prejudice one of dozens of vanilla flavoring lawsuits filed by the consumers' attorneys.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • Telehealth Must Contend With Compounded Medication Regs

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    Expanding telehealth and digital pharmacy options like Amazon Pharmacy — which have seen accelerated growth during the pandemic — are entering the compounded medication industry and face a complex, evolving compliance landscape, including state and federal laws and regulations, and standards developed by organizations, say Emily Hussey and Kelly Kearney at Reed Smith.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • Shielding Corporate Execs From Depositions After GM Ruling

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    A Georgia appeals court recently allowed a plaintiff to depose General Motors' CEO, in a blow to the apex doctrine's protections for high-ranking executives, but measures before and during discovery can reduce corporate leaders' exposure in such cases, say attorneys at DLA Piper.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Baby Food Contamination Cases Face Class Action Hurdles

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    Claims of adulterated baby food products have led to putative class actions around the country, but they involve different products, different companies, different state laws and different specific allegations, creating significant obstacles to class certification, say attorneys at Phillips Lytle.

  • After Ga. Ruling, Defense Must Aim To Limit Exec Depositions

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    In the wake of the Georgia Court of Appeals' recent ruling in General Motors v. Buchanan, allowing a GM executive to be deposed in a wrongful death case over an alleged vehicle defect, defense attorneys should focus on narrowing the scope of depositions involving high-ranking executives, say Carol Michel and Michael Weathington at Weinberg Wheeler.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • The Future Of Climate Suits After Justices' Baltimore Ruling

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    The U.S. Supreme Court's recent decision in BP v. Mayor and City Council of Baltimore left many questions about climate change litigation unresolved, but cases making their way through federal courts offer the high court more opportunities to decide whether climate suits in state courts are preempted or raise nonjusticiable political questions, says Oliver Peter Thoma at King & Spalding.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

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