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Product Liability
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April 11, 2024
Pool Co. Gets Rival's Assets Frozen After False Ads Verdict
A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.
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April 11, 2024
Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses
An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.
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April 11, 2024
Birth Control Injury Claims Barred From Conn., Court Told
Connecticut state courts have no basis to exercise jurisdiction over three of the four companies targeted in product liability lawsuits brought by 103 women who claim their Filshie Clip birth control devices migrated within their bodies and caused injuries, counsel for the defendants told a Waterbury judge Thursday.
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April 11, 2024
Insurer Drops Suit After Evidence Clears Stihl In Fire Case
Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.
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April 11, 2024
Judge Recommends State Court For Ore. County Climate Suit
A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.
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April 11, 2024
Exploding Shower Door Injury Suit Must Stay In Fed. Court
A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.
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April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute
The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
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April 11, 2024
Conn. Attorney Accused Of Unreasonable Fees In VW Case
Connecticut's attorney disciplinary authority has accused an attorney of charging an unreasonable fee to a plaintiff in a 2022 defective product claim against Volkswagen of America and not providing documentation to support the fee, in violation of professional conduct rules.
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April 10, 2024
Hyundai, Kia Engine Fire Deal OK'd With 60% Atty Fee Cut
A California federal judge has given final approval to a settlement ending a second consolidated class-action litigation alleging Hyundai and Kia sold vehicles with defective engines prone to fires, while awarding plaintiffs' attorneys only $3.4 million of the $8.9 million they requested.
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April 10, 2024
Tribes Sue Social Platforms Over Native Youth Suicides
Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.
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April 10, 2024
Landmark PFAS Rule Faces Battles Over Costs And Science
The U.S. Environmental Protection Agency on Wednesday issued the first-ever federal drinking water standards for "forever chemicals," something communities, environmental groups and politicians of both major political parties had been clamoring for. However, experts said the novel rulemaking will attract tough legal battles over implementation costs, supporting science and other elements.
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April 10, 2024
9th Circ. Mostly Affirms Industry Ban For COVID PPE Delays
A Ninth Circuit panel on Tuesday largely upheld a district court's ruling requiring personal protective equipment suppliers to pay over $3 million after finding that they misrepresented the shipping times of hand sanitizer products at the start of the COVID-19 pandemic, while reversing the Federal Trade Commission's injunction against one of the companies' owners.
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April 10, 2024
Emissions Rules' Foes May Be Forced To Yield To Automakers
Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.
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April 10, 2024
Talc Death Liability Should Have Been Even Split, Panel Finds
A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.
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April 10, 2024
Paper Companies Still Liable In Superfund Row, Judge Says
A Michigan federal judge held that International Paper Co. and Weyerhaeuser Co. can still be sued for future cleanup costs of a Michigan superfund site after the Sixth Circuit cut them loose from their portion of a $49 million bill for cleanup costs to date.
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April 10, 2024
Botched Herbicide Job Spoiled 'God's Creation,' Ga. Jury Told
Counsel for a rural Georgia quail hunting operation told an Atlanta federal jury Wednesday that when their client hired a company to thin out the woods on its property with herbicide, it instead brought "death and destruction" to the bucolic retreat.
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April 10, 2024
GM Hit With Class Action Over 'Shift-To-Park' Defect
General Motors vehicles have a defect that prevents vehicles from detecting when they are in park, stopping drivers from shutting off or locking the vehicle and causing batteries to drain, a proposed class of drivers alleged in a new suit Tuesday.
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April 10, 2024
Children Fight Feds' Bid To Dodge Constitutional Climate Suit
A group of children has fired back at the federal government's attempt to dismiss its California federal court lawsuit alleging the U.S. Environmental Protection Agency knowingly allows unsafe levels of climate pollution despite the Constitution guaranteeing "a life-sustaining climate system."
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April 10, 2024
BCLP Adds Former Prosecutor As Trial Partner In Seattle
One week after combining with a 12-member Seattle litigation group, Bryan Cave Leighton Paisner LLP has added a litigation and investigations partner in the Emerald City, the firm said Wednesday.
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April 10, 2024
EPA Finalizes First-Ever PFAS Drinking Water Standards
The U.S. Environmental Protection Agency on Wednesday announced the final version of its first-ever regulatory limits on "forever chemicals" in drinking water, a move the EPA said will be accompanied by nearly $1 billion in new funding for implementation.
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April 09, 2024
After Uproar, New MDL Rule Advances With Attys Assuaged
Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.
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April 09, 2024
Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties
California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.
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April 09, 2024
Philips, Feds Enter Consent Decree Over Sleep Apnea Devices
Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Venable Snags Trio Of Product Liability Partners From Steptoe
Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.
Expert Analysis
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.