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Product Liability
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
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September 26, 2025
Boeing Calls Polish Airlines' Motion In 737 Case Overbroad
Boeing is urging a Washington federal court to deny a motion from LOT Polish Airlines in LOT's contract suit over 737 Max planes it leased, saying LOT seeks to admit far more evidence than could be relevant or addressed in the time allotted for trial.
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September 26, 2025
Holland & Hart Brings On Perkins Coie Commercial Litigator
Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
NJ Fed Courts Tighten Rules On Anti-Counterfeiting Suits
Citing an "uptick" in intellectual property theft suits against online counterfeiters, New Jersey's chief district judge issued a new standing order Thursday tightening rules on infringement suits that often name numerous defendants.
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva
A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.
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September 25, 2025
Boeing Asks Chancery To Ground 737 Max Derivative Suit
Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.
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September 25, 2025
PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables
PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.
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September 25, 2025
Nissan Hid Leaf EV Fire Risk, Charging Defect, Drivers Say
Nissan Leaf drivers have hit the automaker with a proposed class action in California federal court alleging that it misled them about the electric car's charging capabilities and didn't inform them of a possibly dangerous fire risk.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
Depo-Provera MDL Plaintiff Numbers Balloon To 1,300
The plaintiffs in a multidistrict litigation claiming Pfizer failed to warn consumers of a link between brain tumors and the hormonal contraceptive Depo-Provera now number more than 1,300, with more expected to file suits ahead of a hearing Monday on whether their claims are preempted by federal law.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
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September 25, 2025
Driver Says Mazda's Sanctions Bid Is Itself Sanctionable
The leader of a proposed class of Mazda drivers suing over an alleged oil burning defect is firing back at the automaker's call for sanctions for what it called "frivolous" postjudgment filings, saying Mazda's filing is legally baseless and filled with ad hominem attacks on his attorney, so the company is the one that should face sanctions.
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September 24, 2025
Ex-Lyft Lobbyist Testifies For Uber In Sex Assault Trial
California has established model safety standards for the ride-hailing industry and Uber has exceeded those standards, a former lobbyist for Lyft told jurors Wednesday in a bellwether trial over claims Uber negligently failed to put sufficient measures in place to prevent sexual assaults by its drivers.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
Pharmacies Labeled As Gatekeepers In Fla. Opioid Trial
A medical doctor who testified Wednesday in a Florida state court trial against Walgreens, Walmart and CVS over their alleged conspiracy to push addictive painkiller drugs characterized their pharmacists as gatekeepers in dispensing the medications, saying they had the ability to break the pharmaceutical companies' ability to make money off the opioid epidemic.
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September 24, 2025
Vehicle-Maker Says Ex-Worker Can't Bring Smoker-Fee Suit
International Motors LLC, formerly Navistar, is looking to end a proposed class action by a former employee who claims its $50-a-month health insurance fee for workers who use tobacco violates federal law, telling an Illinois federal court that the harm he suffered was caused by his own refusal to quit smoking or try the company's smoke-free program.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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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.