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The Legal Intelligencer

Plaintiff Argues Jury's $22M Punitive Damages Finding Undermines J&J's Talc Trial Win

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.”
4 minute read

Daily Business Review

Don’t Forget the Owner’s Manual: A Guide to Proving Liability Through Manufacturers’ Warnings and Instructions

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.
5 minute read

Daily Report Online

Veteran Litigators Move From Sidley Austin to Alston & Bird's New Chicago Office

Toxic tort litigators Kara McCall and Beth Chiarello are reuniting with former colleagues who opened the office in July 2024.
3 minute read

The Legal Intelligencer

Products Liability: The Absence of Other Similar Claims—a Defense or a Misleading Effort to Sway a Jury?

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.
6 minute read

The Legal Intelligencer

Pittsburgh Jury Tries to Award $22M Against J&J in Talc Case Despite Handing Up Defense Verdict

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.
4 minute read

Law.com

Breast Cancer Patient's Negligence Claims Cleared to Proceed Against Recalled BioZorb Marker

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.
5 minute read

New Jersey Law Journal

Lack of Available Auto Safety Features Does Not Equal Products Liability Act Violation, NJ Appeals Court Says

“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.
4 minute read

Law.com

Pfizer Faces Multiple Lawsuits Over Recalled Sickle-Cell Medication

"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."
4 minute read

The Legal Intelligencer

Ozempic MDL Expands to Include New Drugs, but Not New Injuries

"An MDL that encompassed any potential injury relating to use of these exceedingly popular weight loss drugs might quickly become procedurally and substantively unwieldy,” the Judicial Panel of Multidistrict Litigation ruled.
3 minute read

Law.com

Five Noteworthy Litigation Trends of 2024—and What to Watch in 2025

With the potential to redefine key areas of the law, here are the five most interesting litigation hotspots spotted by Law.com Radar in 2024.
6 minute read

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