When it comes to owning and operating a vehicle, one of the biggest nightmares you can experience is a recall, which indicates that something is wrong with a significant number of a manufacturer’s vehicles. In 2014 alone, there were over 500 vehicle recalls that encompassed over 50 million automobiles. This…
In the recent case of DirectTV, Inc. v. Imburgia, the Supreme Court issued a key decision interpreting the scope of arbitration agreements under the Federal Arbitration Act. In the lawsuit, the plaintiffs sought to enforce a class action arbitration waiver, which included a provision providing that the entire clause was not enforceable if…
There have been thousands of lawsuits brought in recent years against the manufacturers of transvaginal mesh (TVM) products, which have been identified as causing severe, painful, and often permanent injuries. Multiple medical device manufacturers have developed and marketed these devices, which are designed to treat pelvic organ prolapse and stress urinary incontinence. What…
One of the first bellweather trials in the Wright Medical metallic hip implant litigation went to trial earlier this month, and the jury returned a verdict of $1 million in compensatory damages and $10 million in punitive damages. A bellweather trial is part of a multi-district litigation (MDL). Like a…
Earlier this month, medical device manufacturer Boston Scientific announced that it has initiated a voluntary recall of its Chariot Guiding Sheath devices (CGS). The CGS devices were designed and manufactured to be used in peripheral vascular procedures. The U.S. Food and Drug Administration, which is responsible for overseeing the approval…
The U.S. Food and Drug Administration (FDA) made major headlines this week when it granted approval for the first genetically engineered animal intended for human consumption. Dubbed AquAvantage salmon, the fish are designed to reach harvest maturity much faster than their non-genetically modified counterparts. The approval has many consumers leery…
In a recent case filed in the Northern District of California, Gyorke-Takatri v. Nestle USA, Inc., the court concluded that a party to a class action case who seeks removal to a federal court must offer sufficient admissible evidence to show that there is an adequate jurisdictional basis for removal. The underlying…
A recent investigative report from the New York Times suggests that many contracts that consumers sign on a regular basis include severe and harsh provisions that effectively abolish the consumers’ rights to combat unfair and deceptive business practices. Most of these contracts are lengthy, complex, and difficult to understand, discouraging consumers…
The National Highway and Traffic Safety Administration (“NHTSA”) has released a statement indicating that it has fined Japanese airbag manufacturer Takata $200 million for mishandling the recall of its airbag inflators, which have been linked to at least seven deaths of Americans. On May 19, 2015, the United States Department of Transportation…
Earlier this month, a California federal court dismissed a class action lawsuit seeking to recover damages from the makers of Jim Bean, claiming that the company violated state consumer protection laws by labeling some of its whiskey and bourbon products as “handcrafted.” Dating back to the 1820s, bourbon is a…