Civil Remedies, Civil Procedure, Products Liability

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

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

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

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

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

Upholding CAFA’S Intended Purpose

by Christopher Norton | Sedgwick LLP on 4/12/2013

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions,...more

Road to class certification gets bumpier

by Jarod Bona on 4/3/2013

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

"Supreme Court Vacates No-Injury Consumer Class Action"

by John Beisner, Jessica Miller, Geoffrey Wyatt | Skadden, Arps, Slate, Meagher & Flom LLP on 4/2/2013

Earlier today, the U.S. Supreme Court summarily vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, No....more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

by Guy W. Stilson | Low, Ball & Lynch on 4/1/2013

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

Business Litigation Update: The Economic Loss Rule Exiled to its Humble Beginnings

by Fuerst Ittleman David & Joseph, PL on 3/11/2013

Florida’s “economic loss doctrine” (or, the “Rule”), which bars recovery in tort where a contract exists between the parties, is one of Florida’s most hotly contested legal doctrines. The doctrine appears to be fluid,...more

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

by Adolfo Jimenez, Rodolfo Sorondo | Holland & Knight LLP on 3/8/2013

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court...more

Product Liability Annual Review -- 2012

by Morrison & Foerster LLP on 3/1/2013

In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more

Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions

by Craig Lockwood, Mary Paterson, Lindsay Rauccio, Karin Sachar | Osler, Hoskin & Harcourt LLP on 2/28/2013

Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a...more

A Maze of Uncertainty: Pennsylvania Products Liability Law Remains in a Confusing State of Flux

by Daniel E. Cummins on 2/12/2013

Attorney Daniel E. Cummins of the Scranton, Lackawanna County, Pennsylvania insurance defense firm, Foley, Comerford & Cummins provides this detailed analysis of the current state of Pennsylvania Products Liability Law. ...more

The Realities of Bringing a Legal Claim for Injuries Incurred by Defective Products

by Demas Law Group on 1/16/2013

Millions of consumer products are sold across the United States every year, and the vast majority of them work as they should and they do not cause harm to those who use them. Unfortunately, there are still many situations...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

by Eliot Harris | Sedgwick LLP on 1/7/2013

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

Toyota to Settle Accelerator Case for $1.4 Billion

by Michele Bowman | Lawyers.com on 1/4/2013

Toyota agreed on Dec. 26 to settle a class action accusing the auto maker of selling cars that are defective because they suddenly accelerate. The total settlement amount is a reportedly record-breaking $1.4 billion, and...more

Asbestos Alert: District Court Judgment Reversed for Failure to Conduct Daubert Hearing Prior to Admitting Testimony of Plaintiff...

by Guy W. Stilson | Low, Ball & Lynch on 11/21/2012

Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16, 2012) _____F3d_____ In this case, the Ninth Circuit reversed a $10.2 million jury award in favor of...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

by Pavlack Law, LLC on 11/16/2012

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls

by Kelly Savage Day | Sedgwick LLP on 11/14/2012

FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a...more

Recent Trends in Asbestos Litigation

by Schnader Harrison Segal & Lewis LLP on 10/25/2012

Almost 40 years after the first asbestos personal injury lawsuit was filed, asbestos litigation continues apace. The largest mass tort in U.S. history is showing no signs of slowing down — instead the litigation continues to...more

Product Liability Advisory - August/September 2012: Protecting Trade Secrets and Confidential Information in Product Liability...

by Sedgwick LLP on 9/25/2012

Companies in product liability litigation often request Fed. R. Civ. P. 26(c) protective orders in order to protect their trade secrets and confidential information from being leaked to the public. When a protective order is...more

Court Hands Insurers Win in Food Fight Over E. Coli Claims

by Sedgwick LLP on 7/31/2012

In Republic Underwriters Ins. Co. v. Moore, 2012 WL 2948177 (10th Cir. (Okla.) July 20, 2012), the U.S. Court of Appeals for the 10th Circuit, applying Oklahoma law, sided with a restaurant’s insurers and held that multiple...more

Couple Wins $5.5 Million Verdict for Defective Medical Implant

by Lawyers.com on 7/26/2012

A California couple has been awarded $5.5 million in a lawsuit against the medical device manufacturer C.R. Bard Inc., makers of the vaginal mesh implant that caused plaintiff Christine Scott to develop incontinence, chronic...more

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Civil Remedies › Civil Procedure › Products Liability