Civil Remedies, 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

Wisconsin Lawmakers Propose Changes To Wisconsin’s Lemon Law

by Samster, Konkel & Safran, S.C. on 5/21/2013

In Wisconsin, consumers who purchase a defective new vehicle are protected by the state’s Lemon Law. Now, state lawmakers are seeking to change the law, by reducing damage awards and giving manufacturers more time to resolve...more

Verdicts In Johnson & Johnson Hip Implant Lawsuits

by Tate Law Group, LLC on 5/20/2013

In 2005, officials at DePuy Orthopaedics knew their Articular Surface Replacement (ASR) hip implant system had problems. DePuy, a subsidiary of health care products manufacturer Johnson & Johnson, introduced the ASR outside...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

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA...

by Ellen Adler, James W. Huston, Joanna Simon | Morrison & Foerster LLP on 5/16/2013

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

Yamaha Must Pay $3.3M for Selling Dangerous Rhino

by Sylvia Hsieh | Lawyers.com on 5/14/2013

Rhino-maker Yamaha Motor Corporation must pay $3.3 million for an unsafe 660 UTV vehicle that overturned and crushed its driver....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

Supreme Court Denies Certiorari in MAO’s Double Damages Case

by Edward Waller | Fowler White Boggs P.A. on 5/3/2013

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more

High School Football Player Wins $11.5M for Concussion

by Sylvia Hsieh | Lawyers.com on 4/25/2013

A jury awarded $11.5 million to a former high school football player accusing helmet maker Riddell Sports, Inc. of causing brain injuries he suffered as a teenager....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

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...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

Patient Paralyzed by Toxic MRI Dye Awarded $5 Million

by Sylvia Hsieh | Lawyers.com on 4/12/2013

A patient who was given a shot of a contrast dye that left him unable to move won a $5 million verdict against GE Healthcare, the maker of the dye....more

Choosing the Right Asset Search Company

by Edward Amaral on 4/10/2013

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

Alabama Construction Worker Awarded $1.7 million For Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/10/2013

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...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

Drywaller Awarded $27 Million for Asbestos Exposure

by Sylvia Hsieh | Lawyers.com on 4/1/2013

A drywall worker who built houses during the California housing boom in the 1970s, when asbestos was used in virtually every type of building material, has won a $27 million jury award for a cancer caused by the toxic...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