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Product Liability
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May 02, 2025
Fla. Lawmakers Vote To Repeal Law That Limits Death Suits
Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.
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May 02, 2025
DOJ's Climate Change Suits Test Feds' Powers In State Affairs
The Trump administration's new lawsuits challenging state-level efforts to combat climate change are an unprecedented approach, several environmental attorneys say, and will test the judiciary's view of federal interests in state matters.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."
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May 02, 2025
Boston Scientific, FDA Sued Over 'Unsafe' Spinal Implant
Boston Scientific evaded safety regulations to market a defective spinal cord stimulator and the U.S. Food and Drug Administration rubber-stamped those alterations in an instance of "agency capture," according to a California federal lawsuit filed by a patient suffering from ongoing pain after the device was implanted.
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May 02, 2025
Texas Marine Fuel Co. Wants Arbitration Of $5M Defect Suit
A marine fuel provider is pressing a Texas federal court to send to arbitration a French shipping company's more than $5 million breach of contract lawsuit accusing it of selling defective fuel that caused blackouts on the company's vessels.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Contractors Settle Mass. AG's YMCA Asbestos Claims
The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.
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May 01, 2025
FTC, Nevada Accuse Trading Training Biz Of $1.2B Scam
The Federal Trade Commission and Nevada on Thursday filed suit in federal court against an investment training company they alleged scammed more than $1.2 billion out of consumers, mostly young adults, by selling trading courses taught by "bogus" instructors and encouraging consumers to participate in a multi-level marketing scheme.
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May 01, 2025
VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit
Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.
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May 01, 2025
CR Bard Owes For Plant Neighbor's Illness, Jury Told
A Georgia jury heard in closing arguments on Thursday that C.R. Bard's medical sterilization plant wantonly polluted the air with ethylene oxide and caused a man's cancer, while the company said the man's exposure was nowhere near danger levels.
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May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms
The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Girl Says Discord, Roblox Make Kids 'Easy Prey' For Predators
A 16-year-old girl who alleges she was groomed by a child predator on Roblox and Discord has hit the companies with a product liability suit in Texas, writing that their sites make kids "easy prey for pedophiles."
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May 01, 2025
Calif. AG Can't Dodge ACC Recycling Subpoena Suit
The American Chemistry Council can move forward with its challenge to a since-withdrawn subpoena from the California attorney general tied to a plastics pollution probe, a D.C. federal judge ruled Thursday.
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May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit
A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
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May 01, 2025
Huffy Sued Over Rideable Tonka Truck Fire Hazard Recall
Consumers have sued electric bike and scooter maker Huffy Corp., claiming they overpaid for Tonka dump trucks for children to ride in that could cause burns or fires due to defective parts that allow the vehicle to overheat.
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May 01, 2025
Conagra Sued Over Orville Redenbacher 'Naturals' Popcorn
Conagra Brands Inc. tries to profit off health-conscious consumers who prefer natural products by falsely labeling its Orville Redenbacher brand of "Naturals" popcorn as containing only real ingredients, despite containing a synthetic preservative, according to a proposed class action filed Thursday in New York federal court.
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May 01, 2025
Greenberg Traurig Hires Procopio Litigation Duo In San Diego
Greenberg Traurig LLP announced Wednesday that it has added a member of Procopio Cory Hargreaves & Savitch LLP's management committee and another partner from that firm to its litigation practice in San Diego.
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May 01, 2025
Feds Sue To Block State Climate Suits, Superfund Laws
The federal government sued to block two states' climate change Superfund laws and stop two other states from launching threatened lawsuits against fossil fuel companies, saying the states' actions jeopardize national energy security.
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April 30, 2025
VSL Probiotic Buyers Win Class Cert. In RICO Case
A Maryland federal judge has certified 10 classes of customers who bought a knockoff version of a proprietary probiotic formula developed by a professor to treat gastrointestinal ailments, saying in an order unsealed Wednesday the customers all suffered the same alleged injury from buying a product that wasn't the one they expected.
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April 30, 2025
Colo. Chicken Co. On Hook For $3M Supply Chain Settlement
A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.
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April 30, 2025
ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit
The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.
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April 30, 2025
Joe Rogan-Backed 'Alpha Brain' False Ad Suit Dropped In NY
A consumer is asking a New York federal judge to dismiss his proposed class action accusing Onnit Labs Inc. of falsely advertising its "Alpha Brain" cognitive supplement, which were previously promoted by podcaster Joe Rogan, as clinically proven to boost memory.
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April 30, 2025
NAACP Fights Bid To Seal Info In Utility's PFAS Suit
A North Carolina chapter of the NAACP wants to intervene in public water suppliers' forever chemical pollution lawsuit against Chemours and a Corteva subsidiary, saying the information the companies want to conceal should remain available.
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April 30, 2025
NJ Judge Tosses Two Claims From Crossbow Injury Suit
A New Jersey federal judge tossed two claims, but allowed contested expert testimony, in a hunter's negligence and liability lawsuit that alleges he was injured when his Ravin Crossbow "exploded" and knocked him out of a tree stand.
Expert Analysis
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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.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.