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Product Liability
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.
A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.
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March 19, 2025
Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits
A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.
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March 19, 2025
Crisco Slips Proposed Class Cert. In Butter False Ad Suit
A Crisco cooking spray purchaser looking to hold its manufacturer liable for an allegedly deceptive "butter" label cannot pursue those claims on behalf of other consumers because his intended classes aren't solid enough to proceed as one, an Illinois federal judge said Wednesday.
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March 19, 2025
Samsung, LA Resident Settle Galaxy Wristband PFAS Suit
A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.
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March 19, 2025
Ill. Justices Probe Wholesalers' Knowledge Of Tainted Cilantro
Justices on Illinois' top court on Wednesday pressed attorneys in a case over allegedly contaminated cilantro to address when two wholesalers had actual knowledge the product may have made people sick, and what moment triggered a duty by a distributor to give notice for an implied warranty of merchantability claim.
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March 19, 2025
Sotera Beats Shareholder Suit Over Sterigenics Emissions
Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.
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March 19, 2025
Insurers End Dispute Over Pizza Chain Salmonella Coverage
Two insurers for a "take 'n' bake" pizza chain have settled a dispute over their contributions to a deal reached by their mutual insured in an underlying case over salmonella-tainted cookie dough, with a Washington federal court tossing the suit.
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March 19, 2025
Ford Explorer Axle-Bolt Suit Dropped By Wash. Plaintiffs
A Washington federal judge on Wednesday closed a proposed class action accusing Ford of selling Explorer vehicles designed with a single unreliable rear-axle bolt, after a pair of vehicle owners told the court they were dropping their case.
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March 19, 2025
Monsanto Lawyers Face Reduced Penalties Over PCB Reports
A Washington state judge has partially reconsidered a decision to personally sanction eight attorneys representing Monsanto for late disclosure of expert reports ahead of a Seattle PCB tort trial, downgrading some of the penalties while still concluding the defense team deliberately violated a court scheduling order at the company's behest.
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March 19, 2025
Buyers Oppose Consolidation Of THC Oil False Ad Suits
A proposed class of buyers is urging an Illinois federal judge not to consolidate 10 cases from the same attorneys alleging nearly two dozen cannabis companies mislabel their vapable oil products to get around state regulations.
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March 19, 2025
Plane Parts Maker Beats NC Appeal In Fatal Crash Suit
Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.
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March 19, 2025
Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid
An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.
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March 19, 2025
Defunct Mass Tort Firm Can Keep Fee Split Arbitration Award
A Pennsylvania federal judge has declined to vacate or modify an arbitration panel's decision on how to split the fees of two cases among three former principal owners of a dissolved law firm for plaintiffs, saying the defendant in the fee dispute did not present a strong enough argument to reverse the findings.
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March 19, 2025
Pillsbury Adds Commercial Deal Pro From A&O Shearman
Pillsbury Winthrop Shaw Pittman LLP has expanded its global sourcing and technology transactions practice with the addition of the U.S. head of Allen Overy Shearman Sterling's digital, data, intellectual property and technology practice.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Sig Sauer Loses Bid To DQ Experts In Accidental Firing Case
The Sixth Circuit on Tuesday rejected Sig Sauer's petition for the full court to disqualify expert testimony that its P320 pistol was defectively designed because it lacked safety features used in other firearms.
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March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement
Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
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March 18, 2025
Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits
An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.
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March 18, 2025
'Game Changer' Or 'Non Issue'?: Panel Talks Rule 702 Change
A class action law forum panel in San Diego appeared to agree Tuesday that a recent amendment to Federal Rules of Evidence Rule 702 emphasizing the judge's gatekeeping authority in allowing expert testimony is not the "game-changer" some predicted, with one panelist going so far as to say it was "barely a clarification."
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
What To Know About Trump's Pick To Lead The FAA
President Donald Trump's selection of Republic Airways CEO Bryan Bedford to serve as administrator of the Federal Aviation Administration would send a longtime airline executive and licensed pilot to oversee an agency upended by safety mishaps that have intensified scrutiny of the nation's air traffic control system.
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March 18, 2025
J&J Denies 'Evil Motive' In Face Of $30M Talc Damages
Johnson & Johnson did not act with the kind of "evil motive" that would justify a $30 million punitive damages award to a Connecticut man who won a lawsuit alleging its talc products caused his lung cancer, the company argued Tuesday in state court.
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March 18, 2025
Tribe Members Complicate Tesoro Pipeline Row, 8th Circ. Told
Tesoro High Plains Pipeline Co. has urged the Eighth Circuit to deny landowning tribe members' bid to intervene in the company's lawsuit challenging the federal government's right-of-way trespassing claims against it, saying that the United States adequately represents their interests and that they would only complicate the case.
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.