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Product Liability
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September 19, 2024
AT&T To Pay For Removal Of Hazardous Lake Tahoe Cables
A California sportfishing nonprofit on Wednesday told a federal court that an AT&T subsidiary has agreed to pay an estimated $1.5 million to remove its lead-clad telecom cables in Lake Tahoe to end litigation that the cables pose a health threat.
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September 19, 2024
Snapchat Settles Conn. Bitmoji Sex Assault Case
Snapchat parent company Snap Inc. has settled a Connecticut state court case accusing it of enabling sexual predators to convince their targets to meet them in person through the use of Bitmojis, which are cartoonish, youthful-looking caricatures of the platform's users.
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September 19, 2024
Calif. Vape Co. Says Mich. Store Is Selling Counterfeit G Pens
California-based GS Holistic LLC is suing a Michigan smoke shop in federal court, alleging that it is selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, infringing its trademarks and harming its reputation.
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September 18, 2024
GM Beats Class Suit Alleging Piston Ring Defects
General Motors LLC has beat a class action accusing it of selling vehicles with faulty engines that consume too much oil, as a Colorado federal judge determined that the drivers couldn't prove a defect now that their expert witness is disqualified.
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September 18, 2024
Rescheduling Pot Would Not Hasten Research, Report Says
A recently enacted law will continue to make it difficult for medical researchers to conduct studies on marijuana, even if federal restrictions are loosened on the drug, according to a new report published Monday by the Congressional Research Service.
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September 18, 2024
Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal
The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.
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September 18, 2024
VW Can't Nix $4.7M Mechanic's Brake Pad Asbestos Verdict
A Washington state appeals court has refused to throw out a $4.7 million verdict in favor of the estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads, rejecting the automaker's arguments that the evidence didn't support the verdict or that the jury instructions were wrong.
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September 18, 2024
Altria's Vape As Popular As Kale Juice, Elf Bar Tells Calif. Court
Blocking the Chinese companies behind Elf Bar from importing their flavored vapes won't increase the market share of Altria Group subsidiary NJOY's nicotine e-cigarettes, the foreign companies argued, saying it's just as unlikely as consumers going from grape juice to kale juice.
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September 18, 2024
Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit
A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.
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September 18, 2024
DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse
The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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September 18, 2024
New Hampshire Residents Push To Save PFOA Class Action
A class of New Hampshire residents seeking to hold the Saint-Gobain Performance Plastics Corp. liable for the contamination of their properties with a toxic forever chemical is fighting the company's bid for summary judgment.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
GSK Inks 2 Calif. Zantac Deals
GlaxoSmithKline LLC on Wednesday said that it had reached two settlements in California state court over allegations that its heartburn drug Zantac had caused cancer, although the company did not disclose the deal amounts.
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September 18, 2024
Video Game Giants Want Addictive Games Suit Tossed
Microsoft Corp., Nintendo of America Inc., Activision Blizzard Inc., Roblox Corp. and other well-known companies in the video game industry moved to dismiss a lawsuit alleging they intentionally got users addicted to their games for profit Tuesday, arguing the case is barred by the First Amendment.
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September 17, 2024
Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say
Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit
A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.
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September 17, 2024
Blumenauer Pushes House Speaker To Put Pot Bill To Vote
U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.
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September 17, 2024
Instagram Changing Teen Accounts As Pressure Mounts
Instagram announced changes Tuesday to its user experience for those under age 18 as it faces increasing concern about children's online safety.
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September 16, 2024
Mass. Accounting Firm Hit With Data Breach Class Claims
Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.
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September 16, 2024
Parent Drops Suit Alleging Video Game Addiction
An Arkansas parent has dropped their lawsuit alleging popular entertainment company make addictive video games like Fortnite and Call of Duty that they said had drastic negative implications on their 14-year-old child's life.
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September 16, 2024
Amazon Faked Discounts On Fire TVs, Suit Says
Amazon.com Inc. has been hit with a proposed class action in Washington federal court alleging it advertised fake sales and discounts for its Fire TV products, misleading consumers into believing they were getting a bargain.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
J&J Cheers Toss Of 'Indefensible' $260M Talc Verdict
An Oregon state judge rejected a jury's $260 million verdict for a woman who blamed Johnson & Johnson's talcum powder for her cancer diagnosis, a company spokesperson said Monday.
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September 16, 2024
Nelson Mullins Grows In Chicago With Ex-Taft Litigator
Nelson Mullins Riley & Scarborough LLP has reinforced its Midwest litigation team with a former Taft Stettinius & Hollister partner based in the Windy City.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.