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Product Liability
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October 03, 2025
Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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October 02, 2025
Roblox Faces 2 More Suits Claiming It Lets Predators Slide
Roblox has been hit with two more lawsuits alleging that it fails to stop online predators from using its gaming platform to groom and sexually exploit children, with one brought by a minor who says she was lured to a motel room where she was raped by five men.
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October 02, 2025
Polish Airline's Boeing 737 Max Fraud Suit Bound For Trial
A Washington federal judge on Thursday teed up for trial LOT Polish Airlines' suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas, saying a jury should consider whether Boeing misrepresented risks about the jets to airline customers.
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October 02, 2025
NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup
North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.
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October 02, 2025
Perrigo Can't Escape Parents' 'Paw Patrol' Mouthwash Suit
An Illinois federal judge on Thursday refused to dismiss a proposed class action alleging that Perrigo Co. and Ranir LLC's fluoride mouthwash products are deceptively aimed at children, saying the proposed class has adequately pled that it was misled by the products' packaging.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 02, 2025
J&J Must Pay $10M In Punitive Damages After Asbestos Loss
A Connecticut state court judge has hit Johnson & Johnson with $10 million in punitive damages after a jury sided with a builder who alleged the company's baby powder caused his terminal cancer, adding the amount to an existing $15 million verdict.
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October 02, 2025
HVAC Co. Liable For Damage At Philly School, Insurer Says
An HVAC company is responsible for water damage at a Philadelphia charter school, the school's insurer told a Pennsylvania state court, saying the company's failure to maintain the heating and cooling system allowed air temperatures to reach levels that triggered the building's sprinkler system.
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October 01, 2025
Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries
A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
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October 01, 2025
PG&E Brass, Underwriters Get Investors' Wildfire Suit Tossed
A California federal judge has thrown out a proposed investor class action against PG&E officers, directors and underwriters that blamed stockholder losses following deadly wildfires on previous statements by PG&E officials about the utility's safety practices, but said they could try a fifth time.
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October 01, 2025
Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit
The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable
The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.
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October 01, 2025
Medtronic Knocks Out Investor Suit Over Insulin Pump Issues
Medical device manufacturer Medtronic PLC has escaped proposed investor class action claims it concealed issues affecting a certain insulin pump it makes, hurting investors after its trading prices fell when the company disclosed it had received a related warning letter from the U.S. Food and Drug Administration.
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October 01, 2025
Truck Seller Can't Escape Injury Suit As 'Mere Conduit'
A North Carolina federal judge won't let hydrovac truck seller Trans-West Inc. escape an injury suit from a worker who alleges he was injured by hot mud from a truck it sold to his employer, finding that the company was no "mere conduit" in the sale.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Airbus Beats Ex-JetBlue Worker's Suit Over Toxic Fumes
A New York federal judge on Tuesday tossed a suit brought by a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes on an Airbus plane, finding that her suit was filed too late despite a COVID-19 extension on bringing claims.
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October 01, 2025
Cozen O'Connor Adds Healthcare Litigator To Philly Office
An attorney with more than three decades of experience representing healthcare providers in litigation matters has recently moved his practice to Cozen O'Connor's Philadelphia shop.
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September 30, 2025
Apple, Google, Meta Get 'Casino Games' MDL Trimmed Again
A California federal judge on Tuesday again trimmed multidistrict litigation against Apple, Google and Meta platforms over allegedly illicit "social casino games," though he refused to find that Section 230 of the Communications Decency Act means they don't have to face the suits.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Amazon Settles $1.2M Lawsuit Over Immersion Heater
Amazon and a Colorado church's insurer have reached a settlement in the insurer's suit alleging that an immersion heater the church purchased from the e-commerce giant's platform to heat a baptismal font caused a fire amounting to $1.2 million in damages.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.