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Product Liability
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April 29, 2025
Apple Beats Claim Amber Alert On AirPod Hurt Boy's Hearing
A California federal judge on Monday tossed a Texas mother's lawsuit accusing Apple Inc. of being responsible for her teenage son's permanent hearing loss after an Amber Alert allegedly rang through defective AirPods and ruptured his eardrums, saying a physician's expert opinion they leaned on was unreliable for proving causation.
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April 29, 2025
PacifiCorp Hit With $11M Verdict In Latest Wildfire Case
A Portland, Oregon, jury awarded around $10.8 million in noneconomic damages Tuesday to nine plaintiffs who suffered property damage in a group of 2020 wildfires attributed to PacifiCorp's negligence, with the awards likely to be increased to account for punitive damages.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Second Round Of Conn. Firm Windup Fight Sent To Arbitration
A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Ex-Disney Worker Gets 3 Years For Profanity-Laced Menus
A former Walt Disney World employee was sentenced to three years behind bars after he pled guilty in Florida federal court to hacking into a program used to create menus for the theme park's restaurants, adding profanities, changing prices and altering allergen information that could have put patrons at risk.
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April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues
Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
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April 28, 2025
Veolia Settles Flint Water Crisis Claims For $53M
A Michigan federal judge entered final judgment Monday in litigation brought by the state of Michigan and about 26,000 individuals against Veolia North America alleging it prolonged the water crisis in Flint, Michigan, after a $53 million settlement was approved earlier this month.
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April 28, 2025
Judge In NY Dismisses Athlete's Suit Over Gatorade Gummies
A New York federal judge on Monday tossed a lawsuit lodged by a promising Texas-based sprinter alleging the Gatorade Co. supplied him with contaminated recovery gummies that led to his doping ban, saying lost endorsement opportunities were purely economic harm and not a personal injury.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
High Court Takes On Removal Issue In Hain Baby Food Case
The U.S. Supreme Court will decide whether the erroneous dismissal of a defendant upon a case's removal to federal court warrants undoing the years-later final result, agreeing Monday to hear Whole Foods and Hain Celestial Group's bid to preserve a midtrial win over allegedly tainted baby food.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
Sanofi Challenges Jurisdiction In Conn. Zantac Lawsuits
Sanofi-Aventis U.S. LLC on Monday sought to exit nine combined Connecticut lawsuits claiming the heartburn drug ranitidine degraded into a compound that causes cancer, saying it is beyond the state's long-arm statute and that due process guarantees prevent it from being sued in Connecticut.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
$2.1B Verdict 'Poisoned' By Omitted Evidence, Monsanto Says
Monsanto has asked an Atlanta-area court to undo a more than $2 billion jury verdict awarded to a man who said his cancer was caused by the weedkiller Roundup, arguing that the award is unconstitutional and that the trial was riddled with inadmissible evidence and false testimony.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
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April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says
Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
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April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest
A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
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April 25, 2025
Father Trapped In Tesla During Fatal Fire, Family Claims
The family of a father who died while trapped inside his Tesla Model 3 as it "spontaneously combusted and erupted into fire" is suing the automaker in California state court, claiming it was aware its doors would malfunction during a fire but hid that from consumers.
Expert Analysis
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.