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Product Liability
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November 12, 2025
Kratom Consumer Drops Suit Over Seltzer's 'Addictive' Effects
A Washington consumer who claims she became addicted to beverage maker Mitra-9's kratom-based seltzers, powders and shots has agreed to drop her lawsuit weeks after the company called the buyer out for claiming to have bought the products before it was even established.
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November 12, 2025
NJ Justices Keep Ozempic Injury Mass Torts Separate
The New Jersey Supreme Court has decided not to combine two Bergen County Superior Court mass tort cases over weight loss drugs including Ozempic, Wegovy and Mounjaro, keeping them separate based on the type of injury alleged.
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November 12, 2025
Purdue Kicks Off Ch. 11 Confirmation With Plan Overview
Bankrupt OxyContin maker Purdue Pharma began its Chapter 11 confirmation trial Wednesday with an overview of its latest plan and the myriad settlements that underpin the proposal, including a $6.5 billion commitment from the company's owners.
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November 12, 2025
Boulder Fights Exxon's High Court Bid To Sink Climate Suit
The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.
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November 12, 2025
Boeing Settles Ethiopian Air Case Ahead Of $28M Verdict
An Illinois federal jury awarded more than $28 million on Wednesday to the estate of a United Nations environmental scientist who died in the 2019 crash of a Boeing jet flying Ethiopian Airlines Flight 302, even though the parties reached a settlement ahead of closing arguments.
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November 12, 2025
Co. Says Excess Insurer Can't Avoid Asbestos Coverage Row
A paint and drywall product manufacturer said an Allianz unit can't rely on a pollution exclusion to avoid a dispute over coverage for underlying asbestos claims, telling a Texas federal court that the insurer's interpretation of the exclusion is contrary to the policy language and unsupported by Texas law.
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November 12, 2025
2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling
The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.
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November 12, 2025
Rolls-Royce Opposes New Helicopter Crash Claim Before Trial
Rolls-Royce Corp. is urging a Texas federal court to reject addition of a marketing defect claim to a wrongful death suit brought over a helicopter crash in the U.S. Virgin Islands, saying it's too late after nearly three years of litigation and with trial weeks away.
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November 12, 2025
Camp Lejeune Expert Criticism A Smear Tactic, Feds Say
The U.S. government said Camp Lejeune toxic water litigants leaned on "empty accusations of bias" in an effort to exclude an expert witness, telling a North Carolina federal court that the expert has a decades-long track record of using reliable scientific methods.
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November 12, 2025
EPA Floats Rollbacks To Biden-Era PFAS Reporting Rule
The U.S. Environmental Protection Agency wants to back off parts of a rule requiring forever chemical manufacturers to provide information about the amount and type of chemicals they have produced, citing compliance costs and difficulties.
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November 12, 2025
Proposed Class Fights P&G Attempt To Transfer Tampon Case
A proposed class alleging that Procter & Gamble tampons contain unsafe amounts of lead is urging a California federal court to reject the company's bid to transfer the case to Ohio federal court.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Parents Say Texas Camp Put Profits Over Their Girls' Lives
The families of six children and two teenage counselors killed in flooding this summer at Camp Mystic in Texas' Hill Country on Monday accused the camp of putting "profit over safety" by ignoring warnings about the risky location of cabins and failing to evacuate campers as a storm blew in.
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November 10, 2025
Kochava, Class Seek Final OK For Location Data Settlement
Mobile device users have come to terms with data analytics provider Kochava to end their claims that the company had been selling their geolocation data without proper consent after nearly three years of litigation.
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November 10, 2025
Suit Over Calif. Truck Emissions Rules Sent To Golden State
An Illinois federal judge sent a suit brought by the American Free Enterprise Chamber of Commerce and joined by the Trump administration that challenges California's strict emissions standards for heavy-duty trucks to federal court in the Golden State.
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November 10, 2025
$22M Helicopter Crash Verdict Balloons With Interest On $12M
A Montana federal judge has tacked on pre- and postjudgment interest to most of a $22 million verdict against aircraft manufacturer Kaman Aerospace Corp. in a lawsuit over a defectively made helicopter that crashed five years ago, killing a veteran pilot who was fighting a wildfire.
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November 10, 2025
Ohio Panel Reinstates Yamaha Carbon Monoxide Death Suit
An Ohio appeals court has reinstated claims against Yamaha Motor Co. Ltd. stemming from the death of a college athlete who drowned after riding on a Yamaha boat, finding there are factual disputes about whether the boat was defectively designed and whether the manufacturer adequately warned of carbon monoxide exposure.
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November 10, 2025
FDA Lifts Hormone Replacement 'Black Box' Warnings
The U.S. Food and Drug Administration on Monday said it was removing the "black box" warnings from hormone replacement therapy treatments for menopause for the risks of cardiovascular disease, breast cancer and probable dementia.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
BMW Sued Over Fire Risk In 145,000 Recalled Vehicles
BMW of North America sold more than 145,000 vehicles with defective electrical starters despite knowing that they can overheat and pose a fire hazard, according to a proposed class action in New Jersey federal court.
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November 07, 2025
4th Circ. Opioid Case Brings Public Nuisance Back To The Fore
The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.
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November 07, 2025
OpenAI Hit With Wave Of Suits Over 'Suicide Coach' ChatGPT
ChatGPT users and suicide victims' families hit OpenAI Inc. and its CEO Sam Altman with a wave of lawsuits in California state court Friday, alleging OpenAI knowingly released a dangerously designed sycophantic, psychologically manipulative, addictive version of ChatGPT that at times became a "suicide coach" to vulnerable users who killed themselves.
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
Texas AG: Roblox Not Protecting Kids From 'Pixel Pedophiles'
Texas has sued Roblox Corp. in state court, accusing the multibillion-dollar company of deceiving parents about the safety of its popular online gaming platform and allowing children to wander in what the state called an "unregulated universe" shared with predators.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.