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Product Liability
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June 18, 2025
Defamation Brawl Over Braves Auction Booted To Georgia
A Texas federal judge shipped auctioneer Heritage Vintage Sports' defamation suit against the Atlanta Braves over auctions of the team's merchandise to Georgia federal court, finding that the dispute did not carry specific ties to the Lone Star State.
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June 18, 2025
High Court Says Texas Can't Challenge Nuclear Waste Site
The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
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June 17, 2025
Nissan Asks Justices To Void Certified Sunroof Defect Classes
Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.
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June 17, 2025
Tesla Knocks Insurance Deception Claim From Ill. Defect Fight
A Tesla driver pursuing unfair practice claims over an alleged "phantom braking" defect in the Model 3 has still not sufficiently alleged the electric-car maker knowingly misrepresented its insurance pricing practices, an Illinois federal judge said Tuesday, holding the driver to an omission-based claim she previously allowed to proceed.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
Ill. Increases Sports Betting, Tobacco Tax And Taxes Airbnbs
Illinois increased its tax on sports betting and tobacco products and extended its tax on hotel operators to include short-term rentals like Airbnbs and Vrbos under a budget bill approved by the governor.
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June 17, 2025
Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal
A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.
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June 17, 2025
Safety Co. Demands Sanctions Over No-Show Witnesses
Safety inspection company UL LLC has sought $13,500 in sanctions and a court order to compel two Chinese solar companies to produce key witnesses in a dispute over counterfeit UL marks, accusing them of last-minute cancellations and monthslong delays.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Judge Hints Zantac Makers Likely Stuck With Cancer Risk Suit
Despite parallel litigation in Delaware, a Connecticut judge on Tuesday hinted that he might not be able to dismiss an estate's generic Zantac lawsuit against three brand-name drugmakers over the heartburn medication's alleged link to cancer risk, saying binding precedents allow him to toss similar cases between the same parties only if both cases were filed in Connecticut.
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June 17, 2025
Ozempic, Wegovy Users Want NJ To Host Vision-Loss Suits
Twenty-one New Jersey-based plaintiffs who claim they suffered permanent vision loss after taking the blockbuster drugs Ozempic and Wegovy are seeking to consolidate their lawsuits as multicounty litigation against drugmaker Novo Nordisk, citing a growing body of scientific evidence linking the medications to a rare and irreversible eye condition.
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June 17, 2025
Delta Nearing Settlement In Jet Fuel Dumping Class Action
Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.
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June 17, 2025
BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says
A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.
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June 17, 2025
Chicago Smoke Shop Fights License Ban Near Midway Airport
A Chicago smoke shop on Monday sued the city over a new ordinance banning the sale of and possession of cannabinoid hemp products, saying an additional clause blocking tobacco licenses in a neighborhood near the Chicago Midway International Airport goes too far.
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June 16, 2025
Monsanto Fights Plaintiffs' Billion-Dollar Ask In PCB Tort Trial
Nearly two dozen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury on Monday for a damages award of $1.1 billion to $3.3 billion, as the company's counsel countered the plaintiffs lack blood testing results and other key evidence to back their "extraordinary" request.
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June 16, 2025
Paddle.com To Pay FTC $5M Over Tech Support Scam Claims
Payment processing company Paddle.com Market Ltd. agreed on Monday to pay $5 million to settle a suit brought by the Federal Trade Commission accusing it of assisting and processing payments for tech support scams.
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June 16, 2025
Ritz-Carlton Defeats Semen-Contaminated Water Suit
A California federal judge Monday tossed a Washington husband and wife's lawsuit that alleged a Golden State Ritz-Carlton hotel served them bottled water contaminated with a hotel employee's semen, saying the couple failed to prove it was indeed a hotel employee who contaminated the water.
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June 16, 2025
Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case
Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.
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June 16, 2025
Smoke Shop Fights 2nd Shutdown By NY Cannabis Agency
A western New York smoke shop, shut down for allegedly selling cannabis without a license, is urging a state court to override a decision by the Office of Cannabis Management to close the shop months after it was allowed to reopen, arguing that the agency violated state law by not giving the business a chance to challenge the second closure.
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June 16, 2025
NY Seeks To Move Feds' Climate Superfund Suit Upstate
The Trump administration's lawsuit challenging New York's climate change Superfund law should be transferred from the Southern District of New York to the Northern District, where it can join a similar lawsuit lodged by several Republican-led states, New York told a federal judge.
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June 16, 2025
Monsanto Ends Roundup Cancer Case With Midtrial Settlement
Monsanto confirmed Monday that it has settled a Texas man's Roundup cancer lawsuit shortly before closing arguments in the trial were set to begin.
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June 16, 2025
Amazon Settles Blue Laser Eye Injury Suit
Amazon.com Inc. has settled a lawsuit that accused the e-commerce giant of selling a defective high-powered laser pointer that allegedly burned a hole in a child's eye and caused permanent vision loss.
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Ky. Judge Trims Firefighters' Claims In CSX Derailment Suit
A Kentucky federal judge said Monday that state law bars most claims in a personal injury lawsuit from seven firefighters alleging rail giant CSX Transportation Inc. is strictly liable for a 2023 derailment that exposed first responders to toxic fumes.
Expert Analysis
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.