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Product Liability
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February 22, 2024
Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner
Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.
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February 22, 2024
Judge Wary Of Sanctions Bid In 'Fabricated' Infant Death Suit
A Connecticut federal judge is worried about the possible consequences of sanctioning parties who brought what one company called a "fabricated" product liability lawsuit blaming it and Target Corp. for a baby's death, expressing concern Thursday that any factual findings could interfere with the plaintiffs' right to a jury trial.
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February 21, 2024
Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban
A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.
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February 21, 2024
GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time
A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.
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February 21, 2024
Gov't Says Camp Lejeune Litigants Must Show Specific Cause
The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.
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February 21, 2024
Boeing Supplier Slams Investor Suit Over 737 Max Parts
Spirit AeroSystems Holdings Inc. has asked a New York federal court to dump proposed class allegations that it misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, Boeing, with defective plane parts.
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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
Justices Told NRA Speech Claim Would Thwart Regulation
The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."
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February 21, 2024
Nationwide Says Walmart Should Pay NY Humidifier Fire Costs
Walmart should pay for a $165,000 blaze ignited by a humidifier it sold to a Long Island, New York, woman, Nationwide told a New York federal court Wednesday.
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February 21, 2024
Tesla, Musk Say Investors' Self-Driving Fraud Suit Is Doomed
Attorneys for electric-car maker Tesla and its owner, Elon Musk, have said a proposed class action related to claims the company and billionaire had made about the vehicles' autonomous driving abilities should be dismissed, saying most of the statements at issue were forward-looking.
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February 21, 2024
Feds Found Responsible For Leased Building's Contamination
The Civilian Board of Contract Appeals has ruled that the federal government is liable for piscicide contamination of a building long used by the U.S. Fish and Wildlife Service, but is on the hook only for diminished value and not full restoration.
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February 21, 2024
Boeing Ousts Head Of Embattled 737 Max Program
Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.
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February 21, 2024
J&J Beats Suit Alleging Sunscreen Caused Ga. Woman's Cancer
Johnson & Johnson has beaten claims that its carcinogen-laced sunscreen caused a Georgia woman's cancer after a Peach State federal judge said she failed to credibly allege the company's product was tainted or the source of her illness.
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February 21, 2024
Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks
A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.
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February 20, 2024
Chicago Sues Oil Giants, Alleging Climate Change Deception
The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.
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February 20, 2024
Conn. Judge Reluctantly Frees Snap From Sex Assault Suit
A Connecticut state judge on Friday reluctantly ended a suit alleging Snap Inc. linked an underage girl to registered sex offenders who raped and assaulted her, quoting a First Circuit opinion that held such cases are difficult since Section 230 requires courts to deny relief "to plaintiffs whose circumstances evoke outrage."
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February 20, 2024
Meta, TikTok Sued Over NYC Teen 'Subway Surfing' Death
The mother of a New York City teen who was killed while "subway surfing," a challenge to ride on the outside of subway cars popularized on social media, hit the parent companies of TikTok and Instagram along with the Metropolitan Transportation Authority with a wrongful death suit on Monday.
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February 20, 2024
How Future Litigators Are Training In A 'Flight Simulator'
Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.
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February 20, 2024
Fluoride Trial Judge Mulls 'Mixed' IQ Evidence In Closings
A California federal judge questioned the EPA and environmental groups on studies linking fluoride exposure to lower IQs during bench trial closing arguments Tuesday, observing that there's a clear dose-response relationship at high levels of fluoride exposure, but at low levels, "the evidence is mixed — we've got evidence going both ways."
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February 20, 2024
Calif. Must Face Trimmed Suit Over Locomotive Emissions Rule
A California federal judge has trimmed a lawsuit from rail industry groups challenging a new regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, saying some parts aren't in effect yet but others may interfere with federal rules governing railroad operations.
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February 20, 2024
Hess Corp. Oil Refinery Unit Gets OK For Ch. 11 Plan
Oil and gas company Hess Corp.'s bankrupt oil refinery unit HONX Inc. received confirmation of its Chapter 11 reorganization plan that would allow it to pay $105 million to injury claimants who they say were affected by the company's asbestos exposure.
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February 20, 2024
Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI
Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.
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February 20, 2024
Insurers Say Pollution Exclusion Bars Cancer Suits Defense
An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.
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February 20, 2024
Fiji Water Microplastics Suit Heads To Illinois Federal Court
The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.
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February 20, 2024
High Court Denies Review Of Wrestler Attorney Sanctions
The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.
Expert Analysis
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Upside For Advertisers After 2nd Circ. False Ad Suit Revival
Although the Second Circuit's recent revival of the false advertising class action MacNaughton v. Young Living may initially induce stress for advertisers who lack adequate claim substantiation, it is cabined to a unique set of circumstances that most defendants should be able to distinguish, say Julie Simeone and Megha Hoon at Patterson Belknap.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Rare FDA Move Shows Stance On Remote Monitoring Devices
The U.S. Food and Drug Administration's recent warning letter to iRhythm Technologies represents a relatively unprecedented degree of scrutiny to the remote monitoring device industry, say attorneys at Sheppard Mullin.
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What Purdue Ch. 11 Means For Future Of Third-Party Releases
The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Fashion Brands Must Be Ready For Greenwashing Claims
Recent greenwashing class actions brought against H&M and Nike in Missouri demonstrate that fashion companies continue to face scrutiny from consumers and environmental advocates over their environmental claims, and must be proactive in their sustainability and transparency practices, say attorneys at Eversheds Sutherland.
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Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation
As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Tofurky's Beef With La. Labeling Law Leaves Open Questions
In Tofurky's recent challenge to a Louisiana law against intentionally misleading food claims, the Fifth Circuit sidestepped a central free-speech issue, but other courts may have to confront whether similar but more broadly worded statutes in meat-free labeling violate the First Amendment, say Henry Wainhouse and Jonah Knobler at Patterson Belknap.
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Rebuttal
2nd Circ. Reinsurance Ruling Correctly Applied English Law
Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.
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The Texas Two-Step May Be Losing Steam
The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.
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Ohio's Adoption Of EPA Rules Will Aid Hazardous Waste Cos.
Ohio's recent adoption of a new hazardous waste rules package aligned with federal standards will significantly improve operations for waste handling and transportation businesses operating in the state by simplifying the permitting process, say attorneys at Vorys.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Opinion
Despite Its Plan Objections, UST Also Won In Purdue Ch. 11
The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.