Product Liability

  • January 23, 2020

    SanDisk Gets Memory Card Labeling Suit Wiped In Calif.

    A California federal judge on Wednesday dismissed a proposed class action alleging SanDisk LLC misled consumers about the storage capacity of its flash drives and memory cards, noting that the back of the packages on the products at issue clarifies the number of storage bytes.

  • January 23, 2020

    MoFo Adds Venable Trial Atty In San Francisco

    Morrison & Foerster LLP announced Wednesday that it is growing its class actions and mass torts group in San Francisco, bringing on a Venable LLP trial attorney known for her work in product liability and intellectual property cases.

  • January 23, 2020

    'Murderer' Insys Founder Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    Pa. Justices Won't Review Asbestos Suit's Revival

    The Pennsylvania Supreme Court has refused to disturb an appeals court's ruling that will let the case of a carpenter who worked on asbestos-laden fire doors for years before dying of mesothelioma have its day in court.

  • January 23, 2020

    CBD Buyer Fights Fla. Retailer's Bid To Toss False Ad Suit

    A consumer urged a Florida federal judge Wednesday to reject a CBD retailer's bid to toss her proposed class action, arguing that her allegations that the retailer overstates the amount of CBD in its gummies and oil are "classic" false advertising claims and have nothing to do with pending CBD federal regulations.

  • January 23, 2020

    Roofing Co. Escapes Former Worker's $3.2M Asbestos Verdict

    An Illinois state appellate panel has reversed a family's $3.2 million asbestos trial win and ordered judgment in favor of roofing material maker Tremco Inc., saying the family didn't prove the company's products substantially factored into a former employee's fatal cancer.

  • January 23, 2020

    Buyers Claim Coke’s Tea Not Honest About Sugar Content

    A proposed class of tea drinkers sued The Coca-Cola Co. in New York federal court Thursday, alleging it misleads customers into thinking its “Honest” brand of teas are low in sugar by claiming they're “just a tad sweet.”

  • January 23, 2020

    Zantac Users Pile On Cancer Claims Ahead Of JPML Hearing

    Sanofi was hit with another proposed class action by a woman in Chicago who alleges the drugmaker failed to warn consumers that Zantac contained a potent carcinogen, a week before a panel decides whether to rope similar claims into multidistrict litigation.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    Newsom Urges Court To Reject PG&E's Bankruptcy Plan

    California Gov. Gavin Newsom urged a federal bankruptcy court Wednesday to reject Pacific Gas and Electric Co.'s reorganization plan, even as PG&E announced it had reached a deal with a group of bondholders securing their support.

  • January 22, 2020

    VW Can Ask 9th Circ. To Weigh Bondholder Fraud Suit

    Volkswagen AG can ask the Ninth Circuit to consider hearing its appeal of a ruling preserving claims that it tricked investors into buying overpriced bonds by hiding its emissions defeat devices, a California judge ruled Wednesday.

  • January 22, 2020

    Bridgestone Unit Must Face Suit Over Man's Quadriplegia

    A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.

  • January 22, 2020

    Energy Cos. Tell 1st Circ. Climate Case Belongs In Fed. Court

    Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.

  • January 22, 2020

    7th Circ. Mulls Restoring $3M Verdict For Reed Smith Widow

    The widow of a Reed Smith partner asked the Seventh Circuit on Wednesday to restore her $3 million verdict against GlaxoSmithKline, but judges on the panel were skeptical the lower court abused its discretion when it decided a U.S. Supreme Court ruling didn't warrant a second look at her case.

  • January 22, 2020

    Senators Unveil Bill Requiring Vape Cos. To Pay FDA

    A bipartisan group of senators on Wednesday announced that they have introduced legislation that would mandate e-cigarette companies to pay user fees to the U.S. Food and Drug Administration to fund stronger oversight over the industry.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Class Counsel Gets $36.5M In Navistar Engine Settlement

    An Illinois federal judge has approved $36.5 million in attorney fees as part of a $135 million settlement that ends litigation against Navistar alleging the company sold diesel engines with defective emissions systems.

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Chancery Pauses Boeing 737 Suits Amid Records Bid Blitz

    Delaware's chancellor on Tuesday paused three derivative complaints filed by Boeing investors accusing the aircraft manufacturing giant's officers of inadequate safety oversight of 737 Max 8 jets so investors can continue seeking the company's books and records to see if they want to sue too.

  • January 21, 2020

    4th Roundup Trial Kicks Off On Monsanto’s Home Turf

    Tuesday marked the start of the fourth trial alleging the active ingredient in Monsanto’s weedkiller Roundup causes cancer. Monsanto has lost every verdict so far, but these jurors will be drawn from the company’s backyard. Will Monsanto enjoy a hometown advantage?

  • January 21, 2020

    Class Counsel Can't Pocket $350K Left From $30M Settlement

    Class counsel in a car headlight fraud case against Osram Sylvania Inc. cannot be allowed to pocket the last $350,000 of a $30 million settlement in the case, and the excess funds will instead be awarded to a nonprofit, a New Jersey federal judge ruled Tuesday.

  • January 21, 2020

    Ex-Insys Exec Blasts Big Pharma For Exploiting Women

    In a memorandum seeking to avoid prison time the day before she is sentenced, a convicted former Insys Therapeutics Inc. executive and onetime exotic dancer blasted the pharmaceutical industry Tuesday for exploiting women to prey on "lonely" doctors to drive opioid sales.

  • January 21, 2020

    Justices Zero In On Consent In Steel Plant Arbitration Fight

    The U.S. Supreme Court on Tuesday stressed that parties must consent to arbitration as it considered whether to allow nonsignatories to an international arbitration agreement to force arbitration of a dispute, an unsettled area of U.S. law that critics say has caused uncertainty for the international business community.

  • January 21, 2020

    Jury Absolves Ethicon In Pelvic Mesh Suit

    A Florida federal jury on Tuesday found that Johnson & Johnson subsidiary Ethicon isn't liable in a woman's suit alleging a defective pelvic mesh caused her constant pain.

  • January 21, 2020

    5th Circ. Says Insurer Needn't Cover Crushed Rock Cleanup

    The Fifth Circuit has affirmed that Great American Insurance Co. is not responsible for a concrete company's costs to remove crushed rocks accidentally dumped in a stream from a New Jersey quarry, agreeing with a lower court that the rock particles are contaminants subject to a pollution exclusion in the policy.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • HHS Drug Import Proposal Is Unlikely To Succeed

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    The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Autonomous Vehicle Guidance Gives Industry Room To Grow

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    The White House's recently updated guidance on the deployment of autonomous vehicles outlines broad principles for AV development, but does not identify best practices or create binding requirements, say attorneys at Akin Gump.

  • Why Reformers Want Disclosure Of 3rd-Party MDL Funding

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    With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Top 5 Drug And Medical Device Developments Of 2019

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    Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.