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Product Liability
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June 13, 2025
Social Media Addiction MDL Judge Picks Bellwether Trial Pool
A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, North Carolina and Arizona.
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June 13, 2025
Wash. Judge Tosses IUD Suit Against Bayer For Good
Bayer has beat a negligence lawsuit filed by a woman who claims its Mirena IUD perforated her uterus and migrated after the patient failed to oppose the company's motion to dismiss, a Washington federal judge ruled.
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June 13, 2025
10th Circ. Affirms Expert DQ In Sig Sauer Gun Discharge Suit
Gunmaker Sig Sauer Inc. scored a win at the Tenth Circuit on Friday with the panel disqualifying two experts who were ready to testify that its P320 pistol was defectively designed, giving the company an appeals court ruling to lean on as it continues to fend off a rash of suits claiming the gun fires unintentionally.
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June 13, 2025
GM Can't Arbitrate Driver's Transmission Defect Suit
General Motors can't rely on an arbitration clause contained in a purchase agreement between a plaintiff customer and a dealership to arbitrate his claims alleging GM made cars with a defective transmission, after a Michigan federal judge ruled Friday the clause doesn't cover GM, which wasn't a party to the contract.
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June 13, 2025
Shein Faces Arbitration Push Over Paid Influencer Claims
The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.
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June 13, 2025
DC Circ. Urged To Reject Approval For Braille-Free Drug Label
Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.
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June 13, 2025
Trump's Firing Of CPSC Commissioners Ruled Illegal
A Maryland judge ruled Friday that the removal of three U.S. Consumer Product Safety Commission commissioners by President Donald Trump was unlawful, finding a 1935 U.S. Supreme Court ruling that protected a Federal Trade Commission member from removal applies to the members of the CPSC.
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June 13, 2025
Chervon, Lowe's Say Recall Blocks Explosive Battery Suit
Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 12, 2025
Air India Crash — Boeing 787 Dreamliner: What Do We Know?
The Boeing Co. is bracing for renewed scrutiny after Thursday's deadly crash of an Air India flight with 242 people onboard as another line of its jets — this time, its 787-8 Dreamliner — is involved in an overseas aviation disaster just as the company was eyeing a fresh chapter following its 737 Max crisis.
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June 12, 2025
'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny
A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."
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June 12, 2025
Roundup Plaintiffs' Rip Of Expert Was Off Base, Jury Hears
A Missouri jury weighing a Roundup cancer case heard expert testimony Thursday that plaintiffs offered a "remarkable mischaracterization" of a defense expert witness on cancer causation when they said in openings that he was "discredited."
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June 12, 2025
Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit
An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.
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June 12, 2025
Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work
Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
GlaxoSmithKline Settles Conn. Generic Zantac Suits
GlaxoSmithKline on Thursday agreed to settle two Connecticut lawsuits, one by seven plaintiffs and the other by 11, that claimed generic forms of the brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.
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June 12, 2025
3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid
The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial
The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
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June 12, 2025
Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid
A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.
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June 12, 2025
Approach The Bench: Judge Proctor On Civility, Civil Rules
R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement
A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.
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June 11, 2025
Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities
President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.
Expert Analysis
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.