Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP
866-540-5505 877-891-9880

Dedicated Client Advocacy

Products Liability Archives

Some things parents should know about product liability

People generally assume that products available to consumers are reasonably safe when used in the proper manner. However, the reality is that each year many products have to be recalled because they pose an unreasonable risk of injury or death, even if the products were initially approved by government regulators.

Ninth Circuit Overrules District Court: Botox Case Against Allergan Will Go Forward

On September 2, 2014, the Ninth Circuit Court of Appeals held that the U.S. District Court for the Central District of California erred in dismissing a shareholder derivative case against Allergan. The plaintiffs in the case allege that Allergan Board of Directors ("Board") allowed for the illegal marketing of Botox by promoting "off-label" uses of the product. The plaintiffs complain that the Allergan Board members participated in organizing programs to promote the off-label uses and encouraging the sales team to market Botox for off-label uses.1

Class action suits see increase in privacy violation claims

An interesting report from the global consulting firm NERA traces the number and kind of consumer class action settlements in the last four years. The settlements, ranging from 2010 through 2013, related to anti-trust claims (price fixing, for instance), consumer fraud, product liability and false advertising, among other issues. Examined in the report are 479 class action suits, nearly 85 percent of which involved a monetary payment to plaintiffs.