Civil Procedure, Products Liability

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

by Nicole Skolout | BakerHostetler on 5/23/2013

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

Court Overturns $6.5M Verdict In First Actos Trial

by Sylvia Hsieh | Lawyers.com on 5/17/2013

Soon after a jury awarded $6.5 million to a California man who claimed the diabetes drug Actos caused him to develop bladder cancer, a court erased the verdict....more

Mirena IUD Lawsuit Judge Considers Request for Liaison Counsel

by Audet & Partners, LLP on 5/16/2013

Plaintiffs suing Bayer Corporation, the manufacturer of the Mirena IUD, are now seeking to appoint attorneys to represent the group as liaison and lead counsel. In a letter dated April 30, 2013 to Judge Cathy Seibel of the...more

Q&A With Carlton Fields' Wendy Lumish

by Wendy Lumish | Carlton Fields on 5/14/2013

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Recent Pennsylvania Superior Court Decision Highlights Importance of Objections to Preserving Issues for Appellate Review

by Arleigh Helfer | Schnader Harrison Segal & Lewis LLP on 5/10/2013

The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial. The Superior Court’s...more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

by C. Zachary Rosenberg, Judy Selby | BakerHostetler on 5/8/2013

Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit. The litigation costs required to gain...more

Weekly Law Resume - April 26, 2013: Insurance Coverage – Excess v Primary Carriers and Horizontal Exhaustion

by David L. Blinn | Low, Ball & Lynch on 5/8/2013

Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania Court of Appeal, Second District (April 8, 2013) Last year, in State of California v. Continental Insurance Company (2012) 55 Cal.4th...more

Generic Drugs: A Closely Watched Case

by Phillips Law Offices on 5/8/2013

In 2005, Karen Bartlett visited her doctor complaining of shoulder pain. Her doctor prescribed Sulindac, a nonsteroidal anti-inflammatory drug used to relieve pain and address symptoms of arthritis. Ms. Bartlett was dispensed...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Asbestos Exposure Is Often Deadly

by Law Office of Paul B. Genet on 5/7/2013

According to a study by the Environmental Working Group, Florida has one of the highest rates of asbestos-related deaths in the nation. Florida is ranked second and follows closely behind the top spot, California....more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

by Unnati Gandhi | Farella Braun + Martel LLP on 5/6/2013

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson

by Brian Willis | Shumaker, Loop & Kendrick, LLP on 5/1/2013

In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the...more

New Product Liability Class Action Highlights Uncertainties in Class Proceedings

by Luiz Bihari, Craig Lockwood | Osler, Hoskin & Harcourt LLP on 4/29/2013

On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued...more

The Stories Behind Outstanding Verdicts

by Cogent Legal on 4/26/2013

Recently I attended the Trial Lawyer of the Year Gala hosted by the San Francisco Trial Lawyers Association (SFTLA). I always enjoy this event not only because it showcases outstanding legal advocacy, but also because I...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

GranuFlo Lawsuit Consolidation Concentrates Litigation in Massachusetts Federal Court

by Audet & Partners, LLP on 4/23/2013

On March 29, 2013, the United States Judicial Panel on Multidistrict Litigation ("JPML"), consolidated eleven pending federal actions alleging injuries related to GranuFlo and/of NaturaLyte administration during dialysis...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

by Guy W. Stilson | Low, Ball & Lynch on 4/23/2013

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

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Civil Procedure › Products Liability