Products Liability Civil Remedies

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Class Certified in Homeopathic Products Case

The plaintiffs’ theory of harm drove a recent decision from the Central District of California certifying a nationwide class of purchasers of ten homeopathic products. Allen v. Hyland’s Inc., Case No. 12-01150 (C.D. Cal. Aug....more

Now Up to 29 Million GM Vehicles Recalled

During the first quarter of 2014, General Motors sent shockwaves across Wall Street when it recalled more than one million vehicles because of a faulty ignition switch. The company only decided to issue the recall after at...more

West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253...more

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?...

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc, No. C 12-01633 CRB, 2014 WL 2702726...more

CPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”

Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk...more

Has Your Child Been Injured by a Vaccine?

The National Vaccine Injury Compensation Program (VICP) is a federal program available to adults and children who have been injured by childhood vaccines. Estate representatives of people who have died due to vaccine injuries...more

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are...more

First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims

In Genereux v. Raytheon Co., No. 13-1921, 2014 WL 2579908 (1st Cir. June 10, 2014), the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs...more

Texas Supreme Court Reaffirms Causation Standard

In Bostic, et. al. v. Georgia-Pacific Corporation, 57 Tex.Sup.Ct.J. 1091, the Supreme Court of Texas reaffirmed that the “substantial factor” causation test applies in asbestos personal injury cases, defined the quantitative...more

Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90...

In a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more

The Ghosts of Litigation Holds Past

Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more

Asbestos MDL Court Concludes Punitive Damages for Unseaworthiness Allowed for Seaman But Not for a Seaman’s Personal...

In a consolidated asbestos products liability multidistrict litigation (MDL), the U.S. District Court for the Eastern District of Pennsylvania held in In re Asbestos Products Liability Litigation (No. VI), MDL 875, that...more

Texas Supreme Court opinions (7/14)

1. No. 10-0775, Bostic v. Georgia-Pacific Corp. -- This is a mesothelioma case. The overarching issue is whether the causation standard announced in Borg-Warner Corp. v. Flores (which was an asbestosis case) also applies to...more

Mississippi High Court Vacates Widow’s $1.1 Million Silica Sand Verdict for Insufficient Evidence

The Mississippi Supreme Court recently reversed a $1.1 million jury verdict of a widow of a former railroad worker. In Mississippi Valley Silica Company, Inc. v. Reeves, (Supreme Court of Mississippi, No. 2012-CA-01702-SCT,...more

Does the Economic-Loss Rule Bar Claims Under Section 75-1.1?

The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’...more

District Court Rejects Nationwide Class, But Certifies California-Only Consumer Class After Conducting Rigorous Analysis of...

In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk...more

Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment

Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued...more

Federal Judge Trims Diet Supplement Maker’s Earnings by $40M and Orders Recall of Banned Labeling

On May 14, a Georgia federal court dished out severe contempt sanctions against Hi-Tech Pharmaceuticals, its president and two others for violating a 2008 court order relating to the advertising and labeling of Hi-Tech’s...more

NuvaRing Settlement Update

Merck announced on June 4, 2014, that it would be funding the $100 million dollar NuvaRing settlement announced in February of this year, as the 95% plaintiff participation threshold required by the Settlement Agreement has...more

The Epic Buckyballs® Saga Settles

May 2014 brought an ordinary end to a series of extraordinary events, with the Consumer Product Safety Commission (CPSC) settling an unprecedented proceeding against Craig Zucker, the former CEO of Buckyballs® manufacturer...more

Looking to Litigate in Secret? Fourth Circuit Creates Hurdles for Product Manufacturers

In April, the Fourth Circuit ruled in Company Doe v. Public Citizen that a manufacturer could not hide behind a veil of secrecy even after successfully enjoining the Consumer Product Safety Commission (CPSC) from publishing...more

Third Circuit Denies Rehearing Of Class Certification Denial In Class Ascertainability Case

On May 2, the U.S. Court of Appeals for the Third Circuit denied a petition for rehearing en banc in Carrera v. Bayer, 727 F.3d 300 (3d Cir. 2013), a closely-watched case on class ascertainability....more

Third Circuit Rejects Effort At End Run Around The Ascertainability Requirement

We previously wrote about the Third Circuit’s decision in Carrera v. Bayer Corp., which reversed a district court’s class-certification order because there was no reliable way to ascertain class membership—indeed, no way to...more

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule...

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff...more

Receiving the Benefit of the Bargain: Reconciling Judge King’s Class Certification Rulings in Forcellati and Caldera

Within one week’s time, Judge George H. King, Chief Judge of the U.S. District Court for the Central District of California, came down on opposite sides of the class certification coin, granting class certification in...more

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