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Product Liability
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.
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May 13, 2025
Ga. Law Shields Pesticide Makers From Failure-To-Warn Suits
Georgia Gov. Brian Kemp has signed new legislation into law that will soon shield pesticide manufacturers from liability in failure-to-warn suits, coming on the heels of a $2.1 billion verdict against the makers of Roundup weed killer delivered by a state jury earlier this year.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Snap Denies It Caused Users' Fentanyl Overdose Deaths
Snap has hit back at dozens of claims by parents of children who suffered fatal overdoses from fentanyl-laced pills acquired through the social media platform, saying many had a history of drug use, were themselves dealers or acquired drugs through other means.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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May 13, 2025
Texas Investigates General Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
Farberware, Walmart Can't Duck Pressure Cooker Burn Suit
A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.
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May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract
A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
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May 13, 2025
Law Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
BCLP Adds 4 Atty Litigation Team From Lewis Brisbois
Bryan Cave Leighton Paisner LLP announced that the firm has hired a four-member litigation team from Lewis Brisbois Bisgaard & Smith LLP, who will join the firm's class action and mass torts practice group.
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May 13, 2025
6th Circ. Vacates Paper Cos. Superfund Liability Ruling
The Sixth Circuit sided with International Paper Co. and Weyerhaeuser Co. Monday and vacated a judgment holding them liable for future cleanup costs at a Michigan Superfund site.
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May 13, 2025
GM Drivers Say V-8 Engine Recall Killed Fuel Economy
A group of seven drivers have taken General Motors LLC to Pennsylvania federal court, asserting on behalf of a proposed nationwide class that the company sold them defective 6.2-liter V-8 engines and left them with a choice of either risking catastrophic failure or suffering worsened fuel economy after a recall.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
3M Says It'll Pay $285M To End Past, Future NJ PFAS Claims
3M has agreed to shell out $285 million to put to rest environmental claims brought by New Jersey officials over purported PFAS contamination at the Chamber Works manufacturing facility in Salem County as well as statewide claims the Garden State may have in the future, according to an announcement made Monday.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review
A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
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May 12, 2025
Hawaii Judge Awards Damages For Navy's Red Hill Fuel Leaks
A Hawaii federal judge has said the U.S. government should pay more than half a million dollars in damages to 17 bellwether plaintiffs who sued after fuel leaks at a since-shuttered Navy storage facility contaminated their drinking water.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Duke Renews Push To Duck NC Town's Climate Damages Case
A town in North Carolina can't pin the global climate crisis solely on Duke Energy Corp., the power giant argued Friday in seeking to scrap a suit accusing it of deceiving the public about the effects of climate change, saying the town's claims exceed the bounds of state law.
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May 12, 2025
Fla. Pharmacy Beats Novo Nordisk Suit Over Ozempic 'Copies'
A Florida federal judge on Monday granted a compounding pharmacy a win in Novo Nordisk Inc.'s suit claiming it violated a state statute by selling "essentially copies" of Novo Nordisk's blockbuster Ozempic and Wegovy weight loss drugs, ruling that the claims are moot, preempted and nonviable.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Colo. Justices Give Green Light To Exxon, Suncor Climate Suit
The Colorado Supreme Court on Monday affirmed a lower court ruling allowing the city and county of Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed, saying that the claims aren't preempted by federal law.
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May 12, 2025
Tenn. Family Sues Samsung Over Home Burned In Stove Fire
A Tennessee family alleges in a proposed class action that Samsung Electronics America Inc. failed to warn them of a dangerous defect that it had known about for years in its oven and stovetop that eventually caused a fire, destroying their home and killing their three dogs, just days before the family received a recall notice.
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May 12, 2025
Mich. Judge Won't Certify Paper Mill Noxious Odor Class
Property owners have lost a bid to proceed as a class in litigation against Graphic Packaging International, with a Michigan federal judge saying the claims about a rotten-egg smell coming from a paper mill aren't suited for class treatment.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.