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Product Liability
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December 03, 2025
Pharmacies Want Opioid Mistrial As Deliberations Stretch On
The nation's three major pharmacy chains asked a Florida state judge Wednesday to declare a mistrial following 11 days of deliberations in a $1.5 billion case by hospitals over opioid dispensing, claiming jurors seem unaware that they are allowed to report a deadlock.
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December 03, 2025
Texas Produce Groups Challenge OSHA's Constitutionality
Two Texas associations representing fruit and vegetable supply chain companies filed a federal lawsuit Wednesday challenging the constitutionality of the Occupational Safety and Health Act, arguing its creation by Congress violated the non-delegation doctrine by granting the executive branch too much policymaking power on workplace safety standards.
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December 03, 2025
Camp Lejeune Plaintiffs Want Base's Muster Roll Info
Veterans and family members suing over injuries from toxic water at Camp Lejeune have urged a North Carolina judge to compel the federal government to produce muster rolls for the base, saying the government has refused to give up the information with no explanation.
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December 03, 2025
FDA Seizes $1M In Illegal 7-OH Opioid Products
Federal regulators seized $1 million worth of illicit food products containing a kratom-derived compound from companies in Missouri, according to an announcement that said the action is part of the government's ongoing effort to crack down on the opioid-like supplement.
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December 03, 2025
Hunter's Crossbow Injury Suit Ends With Settlement
A hunter agreed Wednesday to settle a product liability lawsuit in New Jersey federal court against the manufacturers of a crossbow that allegedly broke while he was using it, causing him serious injuries.
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December 03, 2025
Flint Water Case Judge Not Convinced EPA Hid Witnesses
A Michigan federal judge on Wednesday wasn't convinced that Flint residents seeking damages from the U.S. Environmental Protection Agency over its response to the city's water crisis could yet show the agency intentionally failed to catalog identities of confidential informants the residents want to depose.
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December 03, 2025
Cos. Owe $946K For Grain System Collapse, Insurer Says
Companies hired to construct a grain drying, handling and storage facility on a Mississippi farm are responsible for more than $946,000 in damage caused by the system's collapse, the farm operator's insurer told a federal court Wednesday, saying the system failed to perform as represented and warranted.
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December 03, 2025
Textron's Registration In NC Locks It Into Plane Crash Suit
A North Carolina state appeals court on Wednesday rejected a request by Textron Inc. to escape a suit over a February 2024 plane crash, finding its registration to do business in the state grants the courts general jurisdiction over the company.
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December 03, 2025
Sig Sauer Hit With Another Suit Over Accidental Discharge
Gunmaker Sig Sauer was hit with another product liability suit Tuesday, this time from a Georgia man claiming its handguns have unwanted discharge issues after he accidentally shot himself in the finger while removing the sidearm.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Ecuadorian Cocoa Co. Says Quebec Seller Must Arbitrate
An Ecuadorian cocoa supplier is asking a New York federal court to compel arbitration against a Quebecois chocolatier in a $2 million contract dispute, saying the Quebec company violated their contract by initiating litigation in its home province.
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December 02, 2025
Fiat Chrysler Seeks Pause Of EV Suit For Arbitration Decision
Fiat Chrysler wants to hit pause on a proposed class action alleging the batteries in its plug-in hybrid Jeep Wrangler 4xe and Grand Cherokees are at risk of spontaneously catching fire, saying the litigation should wait for the Michigan federal court to determine if most of the drivers suing should be pushed into arbitration.
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December 02, 2025
States Hit Abbott With FCA Suit Over Infant Formula Recall
Seven states, including California, Michigan and New York, on Monday intervened in a False Claims Act suit brought by the federal government against Abbott Laboratories over the 2022 infant formula crisis seeking to recoup funds spent on the tainted baby food.
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December 02, 2025
CR Bard's Faulty Blood Filter Killed Wash. Woman, Suit Says
The family of a woman allegedly killed by a faulty blood filter implant accused device maker C.R. Bard Inc. in Washington federal court Monday of taking dangerous shortcuts as it rushed its line of products to market.
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
Boeing Faces New Passenger Suits Over 737 Blowout
The Boeing Co. has been hit with a pair of fresh lawsuits in Washington state court by two California couples who say they were traumatized when a panel blew off a 737 Max jet during a January 2024 Alaska Airlines flight over the West Coast, which triggered an "explosive and violent decompression of the aircraft cabin."
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December 02, 2025
9th Circ. Tosses Tesla Investor Suit Over Self-Driving Tech
The Ninth Circuit on Tuesday affirmed the dismissal of a suit against Tesla Inc. and its CEO Elon Musk claiming they deceived investors about the capabilities and safety record of the company's self-driving technology, finding the investors failed to plead any actionable false statements, among other issues.
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December 02, 2025
'Eating Ourselves To Death': SF Sues Processed Food Giants
The Kraft Heinz Co., General Mills, Nestle USA and other food industry giants aggressively market their ultra-processed products as staples of the American diet, despite knowing about the items' slew of dangerous health consequences, San Francisco's city attorney alleged Tuesday in a California state court lawsuit.
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December 02, 2025
Foxconn Ordered To Pay $8.45M Award Over Defective Phones
A Texas federal judge has enforced an arbitral award ordering major technology manufacturer Foxconn International Holdings to pay cellphone supplier Emblem Solutions $8.45 million in a dispute over allegedly defective phones.
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December 02, 2025
DuPont Can't Shake $1B PFAS Pollution Suit In NJ Appeal
A New Jersey appeals court on Tuesday shut down a bid by E.I. du Pont de Nemours and Chemours to toss a suit brought by a small Garden State town seeking $1 billion for the cleanup of forever chemical contamination at a former manufacturing plant, ruling that the town has standing to bring the suit.
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December 02, 2025
Wash. AI Task Force Proposes Guardrails And Disclosures
A Washington state task force Monday unveiled a set of proposed guardrails and disclosure requirements for the responsible use of artificial intelligence, including mandating that developers publicly share details about data used to train their models and requiring law enforcement to disclose the use of AI tools.
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December 02, 2025
5th Circ. Wary Of FDA Process Behind Rule For New Vapes
A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.
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December 02, 2025
Monsanto Agrees To $120M Deal Over Ill. PCB Pollution
Monsanto Co. has reached a deal to pay $120 million to the state of Illinois to resolve a lawsuit seeking to hold the company liable for polychlorinated biphenyls pollution into the state's air, water and soil, Illinois Attorney General Kwame Raoul has announced.
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December 02, 2025
Utah Youth Bring Renewed Challenge To Fossil Fuel Permits
A group of 10 young Utah residents have urged a state court to declare that more than 300 of Utah's fossil fuel development permits violate their right under Utah's constitution to enjoy life.
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December 02, 2025
Vapor Evidence Tossed From Causation In Camp Lejeune Suit
A panel of federal judges has excluded evidence of water vapor intrusion from the analysis of causation in the Camp Lejeune water contamination suit in North Carolina federal court, siding with the government in its argument that water vapor is not included in "the water" named in the Camp Lejeune Justice Act.
Expert Analysis
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.