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Coverage of class actions and MDL, often targeting the design, manufacturing and marketing of defective products.
By Aleeza Furman | January 27, 2025
Novo Nordisk and Eli Lilly's motion to dismiss took aim at most of the counts asserted in the plaintiffs’ master long-form complaint, however the defendants are saving their challenge to certain claims for later.
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By Aleeza Furman | January 24, 2025
The 149-page complaint includes allegations that the defendants intentionally designed their food products to be addictive while knowing those products were linked to various health issues.
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By Aleeza Furman | January 22, 2025
The plaintiff filed a motion for a new trial, arguing that, “At a minimum, the verdict shows confusion and lack of understanding of the issues or instructions.”
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By Justin B. Shapiro | January 21, 2025
Trial lawyers often rely on industry standards and expert testimony to prove negligence without ever looking at the owner’s manual of the product at issue to determine whether the tortfeasor followed the manufacturers’ warnings and instructions.
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By Thomas Spigolon | January 16, 2025
Toxic tort litigators Kara McCall and Beth Chiarello are reuniting with former colleagues who opened the office in July 2024.
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By Larry Coben | January 10, 2025
Because the admission of a negative is virtually impossible to refute, most jurisdictions require proof of exacting evidence showing that a systematic method was in place that would have detected these incidents had they occurred. Establishing something that did not happen, proving negative evidence, presents the court with special problems and is generally inadmissible.
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By Aleeza Furman | January 7, 2025
The jury determined that Johnson & Johnson was negligent and that the company intentionally misrepresented the safety of its talc products but that those factors did not cause Lee’s cancer. The jury then went on to make a determination on punitive damages, despite the verdict sheet's instructions that it should only do so if it found against the defendants on causation.
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By Riley Brennan | January 7, 2025
The court concluded genuine issues of material fact existed regarding whether an advanced warning of the alleged risks of a device used in treating breast cancer would have deterred the plaintiff's doctor from using the device on her.
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By Colleen Murphy | January 2, 2025
“Indeed, to accept plaintiff's design defect argument would be to impose on all purchasers and users of passenger vehicles the requirement and cost of having the [lane departure warning] and [lane-keeping assist] systems installed and activated in their vehicles,” Judge Robert J. Gilson said.
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By Colleen Murphy | December 30, 2024
"Federal law requires defendants to ensure that their drug labels remain accurate, and when new scientific information renders their labels inaccurate, federal law requires defendants to act," the complaint said. "Failure to do so renders Oxbryta misbranded."
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