Coverage of class actions and MDL, often targeting the design, manufacturing and marketing of defective products.
By Amanda Bronstad | August 18, 2017
In lobbying and litigation, the U.S. Chamber of Commerce and Johnson & Johnson often draw from the same playbook. One major connection is John Beisner, head of mass torts at Skadden Arps.
1 minute read
By Amanda Bronstad | August 18, 2017
A jury in the third bellwether trial over the blood thinner Xarelto has sided with defendants Janssen Pharmaceuticals Inc. and Bayer – again. The verdict, rendered on Friday, came about three hours after the jury began deliberating and despite the absence of star defense attorney Beth Wilkinson.
1 minute read
By Randall Chase | August 17, 2017
A Delaware bankruptcy judge on temporarily halted the prosecution of lawsuits filed by Hawaii, New Mexico and the U.S. Virgin Islands against Japanese auto-parts supplier Takata over its lethally defective air bag inflators.
1 minute read
By Samantha Joseph | August 17, 2017
A tobacco case took a strange turn when attorneys focused on the race and gender of two white men struck from the jury.
1 minute read
By Max Mitchell | August 17, 2017
Ethicon, the main defendant in the pelvic mesh mass tort in Philadelphia, is appealing a judge's decision to revive a suit that initially ended in a win for the manufacturer.
1 minute read
By Amanda Bronstad | August 17, 2017
In court filings this month, Johnson & Johnson attorney John Beisner has sought to halt a Sept. 5 trial. But he also wants to remand more than 9,300 products liability cases pending in Dallas over DePuy's Pinnacle device back to the courts from whence they came.
1 minute read
By Cheryl Miller | August 16, 2017
Hundreds of marijuana-related businesses in California have been hit with product labeling violations since January, putting them at risk of costly litigation.
1 minute read
By Katheryn Hayes Tucker | August 11, 2017
As their battle heads to the Georgia Supreme Court, lawyers for the family of Remi Walden and the maker of the Jeep vehicle in which he died have filed briefs framing two dramatically different views of the same trial.
1 minute read
By Larry E. Coben | August 10, 2017
Automobile manufacturers are legally obligated to design, build and sell vehicles that are crashworthy, as in Gaudio v. Ford Motor, 926 A. 2d 524 (Pa. Super. 2009), appeal den., 989 A. 2d 917 (2010). Crashworthiness is the designed protection a vehicle affords occupants against injury or death in a collision, as in Harsh v. Petroll, 840 A.2d 404, 417-418 (Pa. Commwlth 2003). If a motorist or passenger is involved in a collision and she suffers enhanced injuries, the vehicle manufacturer will be liable for those injuries—if the producing harm was caused by a defective design, as in Hutchinson v. Penske Truck Leasing, 876 A. 2d 978 (Pa. Super. 2005), aff'd. 592 Pa. 38 (2007). Before the 2011 amendments to the Pennsylvania Comparative Negligence Act, the tortfeasor causing the accident and the tortfeasor-manufacturer whose product enhanced the injuries were jointly and severally liable. Thus, if a jury found the offending driver 80 percent liable and the vehicle's faulty design 20 percent liable (for the purpose of perfecting a claim for contribution) for the enhanced injury, the victim could recover the full amount of the verdict from either party. However, in 2011, the legislature altered the common law and passed 42 Pa. C. S. 7102 (a.1) and (a.2) to establish several liability based upon jury apportionment of each defendant's liability, 42 Pa. C. S. 7102 (a.3) allows for joint and several status of a defendant found "not less than 60 percent" liable. The question that has not been addressed in connection with the doctrine of crashworthiness is whether apportionment of liability is appropriate when the plaintiff's harm is divisible or indivisible? As set forth below, the most logical answer is: no.
1 minute read
By C. Ryan Barber | August 9, 2017
The move away from CFPB cases comes months after the Justice Department, under Attorney General Jeff Sessions, said it would no longer defend the lawfulness of the CFPB's independent, single-director design.
1 minute read
Presented by BigVoodoo
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.
The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.
Widener University is currently seeking an Assistant Dean for Career Development at the Delaware Law School. Reporting to the Dean of the L...
June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...
Our client, a highly regarded boutique firm with a strong real estate practice, is seeking an associate with 3 or more years of experience i...
