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Product Liability
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May 14, 2024
DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal
Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
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May 14, 2024
NC State Fights Cancer Patient's Presuit Building Access
North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.
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May 14, 2024
Ship Had Blackouts Day Before Baltimore Bridge Crash, NTSB Says
A container carrier that slammed into Baltimore's Francis Scott Key Bridge and caused its collapse in March experienced two electrical outages during maintenance the day before it even left port, the National Transportation Safety Board said in a preliminary report Tuesday.
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May 14, 2024
Calif. City Sues Dow, Shell Over TCP-Tainted Water
Dow Chemical and Shell USA are facing a negligence suit in California federal court by the city of Pomona, alleging the companies are responsible for manufacturing commercial products containing the toxic 1,2,3-trichloropropane that has migrated into the city's water supply and seeking to recoup costs over response efforts.
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May 14, 2024
Insurer Wants Tainted Wine Coverage Suit Axed For Good
A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.
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May 14, 2024
Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant
An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.
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May 14, 2024
Mich. AG Says Eli Lilly 'Cherry-Picking' Enforcement Data
Michigan's attorney general has hit back against Eli Lilly's arguments that recent consumer protection law recoveries show her office is not being hampered in its investigations, as she seeks subpoenas in a probe of the pharmaceutical giant's pricing for an insulin drug.
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May 14, 2024
Mother Sues American Airlines Over Son's In-Flight Death
A mother has hit American Airlines with a wrongful death lawsuit, claiming its flight crew members were ill trained and poorly equipped to deal with a medical emergency her teenage son suffered during a flight, according to the complaint filed in Texas federal court.
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May 14, 2024
Firms Escape Malpractice Suit Over Chicken Plant Pollution
Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.
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May 14, 2024
Chinese Drug Co. Sanctioned After 'Tortuous' 3-Year Info Fight
Chinese drug firm Zhejiang Huahai Pharmaceutical Co. Ltd. has been hit with sanctions after its chief executive officer failed to sit for a court-ordered deposition in sprawling multidistrict litigation taking place in New Jersey over generic drugs that U.S. authorities say were contaminated with carcinogens.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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May 13, 2024
Flint Judge Threatens Sanctions After Water Firm's PR Stunt
The Michigan federal judge overseeing Flint, Michigan, water crisis cases excoriated a water engineering firm and its PR agency for apparently running a smear campaign targeting a lawyer for Flint children, saying Monday she will sanction the firm if it doesn't turn over documents about the campaign by next week.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Philips Wants Cleaner Co. To Chip In For $1B CPAP Deal
Koninklijke Philips NV has filed a third-party complaint in Pennsylvania federal court against SoClean Inc., which sells cleaning products for breathing devices, claiming SoClean and its parent should contribute to Philips' $1 billion settlement because its cleaners allegedly exacerbated the foam breakdown at the heart of the litigation.
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May 13, 2024
EPA Wrongly Approved New Chevron Chemicals, Group Says
A Mississippi community group has asked the D.C. Circuit to revoke the U.S. Environmental Protection Agency's authorization for Chevron Corp. to produce 18 new chemicals derived from plastic waste "despite their extreme health risks."
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May 13, 2024
Camp Lejeune Plaintiffs Can't Appeal Jury Trial Denial Order
The North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune military base on Monday denied the service members' attempt to appeal an order that struck down their bid for jury trials, saying that it's not an issue that warrants appeal.
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May 13, 2024
False Ad AriZona Suit Not In Bad Faith, Fee Opposition Argues
A plaintiff represented by an attorney known for false advertising suits against food and drink companies is asking an Illinois federal judge not to award attorney fees to AriZona Beverages USA LLC after the court threw out claims that it falsely advertised some of drinks as "lite," saying there was no bad faith in pursuing the suit.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 13, 2024
Justices Won't Review Ch. 11 Stay In Asbestos Cases
The U.S. Supreme Court won't review lower courts' decisions allowing the paper-products company Georgia-Pacific to remain shielded from mass tort litigation by way of a subsidiary's Chapter 11 case.
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May 10, 2024
Lab Exec Sentenced For Deadly Fungal Meningitis Outbreak
The founder of a Massachusetts drug compounding center was sentenced in Michigan to 10 to 15 years in prison for his role in a fungal meningitis outbreak after he agreed to a plea deal with state prosecutors earlier this year.
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May 10, 2024
Full 4th Circ. Urged To Settle Key 'Texas Two-Step' Questions
A Fourth Circuit panel left critical issues open when it denied permission to an appeal challenging the so-called Texas two-step Chapter 11 of industrial equipment maker Aldrich Pump, asbestos claimants in two separate bankruptcy cases said, asking the full appeals court to reconsider hearing the case and settle questions that have plagued their own bankruptcies in the Western District of North Carolina.
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May 10, 2024
Oil Giants Say Tribal Climate Change Row Must Stay Federal
Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.
Expert Analysis
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What New Waste Management Laws Signal For The Future
Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Rebuttal
High Court Should Maintain Insurer Neutrality In Bankruptcy
While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.