Product Liability Law

Calif. Boater and Attorney Sues Over Ethanol-Laced Fuel

Until it did $35,000 worth of damage to his boat, Lawrence Turner says, he had no idea that the ethanol-laced fuel sold at California marinas could erode fiberglass fuel tanks. And, he suspects, he’s not the only unwary boat owner who suffered such harm. So the 50-year-old attorney, who is…

Apr 15, 2008 9:30 PM CDT

Fen-phen Lawyers Awarded $412M in Fees, Applauded for ‘Herculean Effort’

A federal judge has awarded $412 million in additional fees to lawyers who sued the maker of the fen-phen diet-drug on behalf of thousands of plaintiffs. Chief U.S. District Judge Harvey Bartle III of Philadelphia awarded the fees for more than 578,000 hours of work that he called “nothing short…

Apr 10, 2008 2:00 PM CDT

The Lanier Law Firm, Known for PI Work, Opens IP Office

Plaintiffs lawyers, sensing opportunity for profit, are branching out into intellectual property litigation. The latest entrant in the field is the Texas-based Lanier Law Firm, known for its asbestos and Vioxx work, the Recorder reports. The firm has announced associate Christopher Banys is leaving Howrey to open a new IP…

Apr 2, 2008 3:45 PM CDT

Primed for Lead Paint Litigation

Key Rhode Island case may color the future of the tort of public nuisance

Apr 1, 2008 8:16 PM CDT

Foreign Courts Look Askance at Punitive Damages

The awarding of punitive damages has long been accepted in the United States, but it’s rare in other countries. Most foreign courts view punitive damages as a windfall for plaintiffs, the New York Times reports. These courts say punishments should be meted out by the criminal justice system or by…

Mar 26, 2008 3:17 PM CDT

Calif. Court Reconsiders But Doesn’t Change Ford Punitives Verdict

A California appeals court is standing its ground and refusing to change an earlier ruling requiring Ford Motor Co. to pay $82.6 million in a rollover case. The U.S. Supreme Court had asked the California court to reconsider in light of its ruling in Philip Morris USA v. Williams, the…

Mar 11, 2008 5:49 PM CDT

Vioxx Deal Goes Forward With 93 Percent Participation

A $4.85 billion Vioxx settlement remains on track with the disclosure that more than 93 percent of the claimants filed forms indicating they plan to participate. Merck & Co. says more than 44,000 of 47,000 claimants submitted at least some of the documents needed to claim a share of the…

Mar 4, 2008 1:13 PM CST

Court Splits in Diabetes Drug Case, Allowing Lawsuit to Proceed

The U.S. Supreme Court’s divided ruling in a diabetes drug case today has the effect of allowing a lawsuit to proceed, SCOTUSblog reports. Chief Justice John G. Roberts Jr. did not participate in the case, which was argued last Monday. The lawsuit contends a pharmaceutical company withheld information about liver…

Mar 3, 2008 3:37 PM CST

Administration Pushes Pre-Emption Following High Court Victory

The Bush administration saw its stance on federal pre-emption validated in yesterday’s U.S. Supreme Court ruling barring lawsuits against the makers of preapproved medical devices. Now it will seek to expand the ruling in a new case relating to drug company liability. The U.S. Supreme Court ruled yesterday in Riegel…

Feb 21, 2008 3:38 PM CST

Merck Agrees to $650M Settlement in Medicaid Health Care Fraud Case

Without admitting liability, Merck & Co. has agreed to pay a total of more than $650 million to plaintiffs including the federal government, 49 states and the District of Columbia, to settle allegations that the pharmaceutical company engaged in health care fraud by violating Medicaid rules. The settlement, according to…

Feb 7, 2008 9:30 PM CST

Anger Over $500M ‘Big Dig’ Settlement

News of an apparent $400 million settlement that concludes a potential criminal case against the project manager of a controversial Boston tunnel project has sparked anger among Massachusetts residents. The approximately $400 million to be paid by Bechtel/Parsons Brinckerhoff is part of a $500 million civil settlement with the state…

Jan 23, 2008 7:06 PM CST

Vioxx Settlement Amended to Allow Attorney Advice to Clients

Attorneys overseeing a proposed $4.85 billion settlement with Merck & Co. over its withdrawn Vioxx drug have reportedly amended a controversial provision that could have required some plaintiffs’ lawyers to advise all or none of their clients to take the deal. Initially, some attorneys expressed concern about language barring lawyers…

Jan 18, 2008 11:12 PM CST

Supreme Court Accepts Drug Labeling Pre-Emption Case

The U.S. Supreme Court will consider whether a woman whose arm had to amputated after she was injected with an anti-nausea drug can sue based on a state law claim that tougher warnings were needed than those approved by the federal government. The plaintiff in the case, Diana Levine, was…

Jan 18, 2008 7:53 PM CST

Experts Say Design Defect Caused Minn. Bridge Collapse

Updated: Federal investigators are expected to announce today that a design defect caused the collapse of a Minneapolis bridge last summer, killing 13 and injuring more than 100 in a horrific accident that focused attention on bridge safety nationwide. As an ABAJournal.com post soon after the accident details, steel gusset…

Jan 15, 2008 8:12 PM CST

Tort Reformers Blast Trial Lawyers’ Websites

A national tort reform group is highlighting a recent study by a medical think tank that criticizes Internet sites created by trial attorneys, contending that they are a significant source of inaccurate medical information, and they are calling for increased regulation of the websites. A newly issued report (PDF) by…

Jan 10, 2008 8:43 PM CST