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Product Liability
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July 09, 2024
Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested
A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.
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July 09, 2024
Ford Must Face Class Claims Over Oil Pump Defect
Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told
A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.
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July 09, 2024
Purdue Plans 'High-Speed' Bid For New Ch. 11 Plan
Purdue Pharma told a New York bankruptcy judge Tuesday that it plans a two-month "high-speed, high-stakes" attempt to replace the Chapter 11 plan shot down by the U.S. Supreme Court last month before unleashing litigation on its former owning family.
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July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced
Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
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July 09, 2024
Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea
A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury.
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July 09, 2024
DC Circ. Sends EPA Chemical Test Order Back For Review
The D.C. Circuit scrapped a U.S. Environmental Protection Agency order directing seven chemical manufacturers and processors to test the effects of 1,1,2-trichloroethane on the reproductive systems of birds, holding that it improperly relied on nonpublic information to justify the need for the testing.
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July 09, 2024
Boeing, DOJ Say 737 Max Families Can't Rush Monitor Pick
Boeing has told a Texas federal judge that 737 Max crash victims' families cannot rush the appointment of an independent monitor to oversee the company's safety and compliance efforts, saying its new tentative plea agreement with the U.S. Department of Justice adequately addresses the monitorship issue.
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July 09, 2024
North Carolina PFAS Plaintiffs Want Cost Study To Stay Public
A class of North Carolina residents who allege Chemours Co. and DuPont discharged wastewater containing so-called forever chemicals into the Cape Fear River is urging a federal judge not to strike and seal their expert's damages report, saying it contains no confidential information that needs to be protected.
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July 09, 2024
Baby Bottle Makers Sued Over Claims Products Are 'BPA Free'
Philips North America and baby product maker Mayborn USA sell baby bottles that contain "considerable amounts of harmful microplastics" despite being advertised as free of the potentially harmful plastic chemical BPA, according to a pair of suits filed in Massachusetts and Connecticut federal courts.
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July 09, 2024
Gov't Missed Merck Vax Potency Problem, 3rd Circ. Told
Two whistleblowers claiming that Merck & Co. had exaggerated the potency of its mumps vaccine told a Third Circuit panel Tuesday that the U.S. Centers for Disease Control and Prevention's continued purchasing of the vaccine was not proof that the agency knew but didn't care about the alleged deception.
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July 09, 2024
CNA Seeks Toss Of Lockheed's Contamination Coverage Suit
A CNA Financial unit urged a Maryland federal court to toss Lockheed Martin's suit accusing the insurer of wrongfully refusing coverage for underlying contamination suits, saying the very same issues are already pending before a New York federal court.
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July 09, 2024
Maryland, SC Tell 4th Circ. PFAS Suits Belong In State Courts
Federal district courts properly determined that lawsuits Maryland and South Carolina filed against 3M over alleged contamination stemming from the manufacture, use and disposal of a wide range of consumer products containing so-called forever chemicals can proceed within their respective state courts, the two states told the Fourth Circuit.
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July 09, 2024
Ex-NRA Finance Chief Agrees To 10-Year NY Nonprofit Ban
A former chief financial officer of the National Rifle Association has agreed not to serve as a fiduciary of a New York nonprofit for 10 years as part of a settlement in the state attorney general's suit in state court alleging he and other executives misused donor money, according to deal terms disclosed Tuesday.
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July 09, 2024
DOD Likely To Need More Time To Nix PFAS Firefighting Foam
The Department of Defense will likely need a two-year extension on its deadline to fully stop using firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances, or PFAS, also known as "forever chemicals," according to a Government Accountability Office report detailing steps the DOD has taken to transition away from the material.
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July 08, 2024
What's In Boeing's Tentative 737 Max Plea Deal With DOJ
Boeing's willingness to plead guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development is a rare mea culpa from an embattled American aerospace titan eager to rebuild public trust after six years of overlapping government investigations, production pauses and mounting litigation.
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July 08, 2024
Tire Cos. Say Fishing Groups' Claims Fall Flat In ESA Row
Tire companies are pushing a California federal court to toss an Endangered Species Act suit over a rubber additive that harms salmon, saying the case by fishing groups wrongly seeks to transform the ESA into a product regulatory statute that steps outside the act's congressional intent.
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July 08, 2024
Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit
Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.
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July 08, 2024
Purdue Creditors Look To Sue Sacklers After Justices' Ruling
The official committee of unsecured creditors in the Chapter 11 case of drugmaker Purdue Pharma asked a New York bankruptcy judge on Monday for standing to bring actions against members of the Sackler family that own the company after the U.S. Supreme Court torpedoed a precarious settlement among the parties.
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July 08, 2024
Ga. County Won't 'Sit On Its Hindquarters' In Battery Fire Fight
A Georgia county suing a battery manufacturer for a massive fire allegedly sparked by the illegal dumping of lithium-ion cells urged a Georgia federal judge Friday to spike the company's "absurd" bid to dismiss the suit, calling the effort "premature and meritless."
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July 08, 2024
Hyundai, Kia Parent Cos. Escape MDL Over Car-Theft Wave
The South Korean parent companies of Hyundai and Kia do not belong in a multidistrict litigation over a nationwide wave of car thefts following a TikTok trend popularizing tips for breaking into their vehicles, a California federal court said, finding no personal jurisdiction over the foreign entities.
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July 08, 2024
Band-Aid Maker Hid Presence Of PFAS In Bandages, Suit Says
A New York woman slapped the maker of Band-Aid products with a proposed nationwide consumer class action on Friday in federal court, alleging that consumers weren't told of toxic "forever chemicals" in some bandages, which were marketed as made with safe materials.
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July 08, 2024
Celebrity Cruises Morgue Cooler Breakdown Suit Advances
A Florida federal judge on Monday denied a bid by Celebrity Cruises Inc. to prevail in a suit alleging that it mishandled the body of a passenger who died during a cruise, saying there's a dispute about when the cruise line should have known that its morgue cooler had malfunctioned.
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July 08, 2024
9th Circ. Revives Liability Claims In Welder's Injury Suit
The Ninth Circuit has mostly reversed a summary judgment order that freed a hoist maker and maintenance company from product liability and negligence claims by a welder who was injured when the hoist came loose and struck him in the head.
Expert Analysis
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9th Circ. Scienter Ruling May Strengthen FDA's Leverage
A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Analyzing 1 Year Of Comments On FTC's Green Guides
A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.