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Product Liability
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Suit Claims UPPAbaby Car Seats Asphyxiate Infants
A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.
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August 13, 2025
Ill. Woman Who Lost Legs Says Boat's Design Was Defective
An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.
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August 13, 2025
Kellogg's Will Nix Artificial Cereal Dyes, Texas AG Says
WK Kellogg Co. has agreed to stop using artificial food coloring in its cereals within the next couple of years, the Texas Attorney General's Office announced Wednesday.
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August 13, 2025
Berkshire Hathaway Unit Can't End RV Wiring Defect Suit
A Berkshire Hathaway-owned RV maker cannot end a class action alleging it was negligent in the wiring of its vehicles such that they are prone to fires, because a Montana federal judge found there are questions for a jury regarding whether that wiring was up to industry standards.
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August 12, 2025
Split Del. Justices Back Insurers In 3M Earplug Coverage Fight
A split Delaware Supreme Court on Tuesday upheld a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of subsidiary Aearo Technologies' insurance policies.
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August 12, 2025
Judge, Terumo Attorney Spar Over 'Final Judgment' Case
A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute
A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
4th Circ. Affirms Toss Of Last Claim In CSX Flooding Suit
The Fourth Circuit affirmed summary judgment Tuesday to CSX Transportation Inc. on a remaining breach of contract claim in a suit by residents and businesses of Lumberton, North Carolina, who claim CSX wrongly prevented the city from sandbagging its railroad route to prevent flooding during storms in 2016 and 2018.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Samsung, Home Depot Get Stove Fire Suit Tossed For Now
A Pennsylvania federal judge has thrown out a couple's suit alleging an oven and stovetop made by Samsung Electronics America Inc. and sold by The Home Depot USA Inc. caused a fire that damaged their home, saying the complaint contains only conclusory allegations without facts to back them up.
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August 12, 2025
Kirkland Grows New Philly Office With Mass Tort Specialist
Kirkland & Ellis LLP continued growing its Philadelphia office months after entering the market with the recent addition of a litigator specializing in representing pharmaceutical and medical device companies in liability cases.
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August 12, 2025
Travelers Units Freed From Builder's Asbestos Injury Dispute
A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.
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August 11, 2025
11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.
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August 11, 2025
GE, UNC Agree To $63M Uranium Mine Cleanup In New Mexico
The United Nuclear Corp. and General Electric Co. agreed to a consent decree with the federal government, New Mexico and the Navajo Nation to spend $63 million on environmental cleanup at a decades-old uranium mine, the U.S. Department of Justice announced Monday.
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August 11, 2025
Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill
More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
P&G Must Face Claims Of Unsafe Lead Levels In Tampons
A California federal judge has refused to dismiss the bulk of a suit alleging the Proctor & Gamble Co. sold tampons that contained amounts of lead beyond what California allows, saying the latest complaint included enough detail about the testing for the case to move forward.
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August 11, 2025
9th Circ. Says LA Men Have Ammo In Gun Rights Class Action
The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.
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August 11, 2025
Neighbors, Insurers File Suits Over Fatal Pa. Gas Explosion
The owners or insurers of more than five dozen properties in a Pittsburgh-area housing development have filed lawsuits over a massive natural gas explosion that leveled three houses, killed six people and allegedly caused damage across the neighborhood.
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August 11, 2025
Judge Rules NYC Can Enforce Kava Cafe Shutdowns
A Manhattan federal judge has ruled that New York City public health and safety officials were within their authority to issue shutdown orders to restaurants that served kava, a federally unregulated psychoactive plant derivative.
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August 11, 2025
White & Case Adds Ex-Chicago Prosecutor From Perkins Coie
White & Case LLP has grown its global litigation practice in Chicago with the addition of a longtime Perkins Coie LLP partner who previously was an assistant U.S. attorney in the city, the firm said Monday.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.