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Product Liability
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
Conservative Group Tells Justices Pot Ban Is Unconstitutional
Conservative advocacy group Americans for Prosperity Foundation is urging the U.S. Supreme Court to take up a petition in a case challenging the Controlled Substances Act's prohibition on state-legal cannabis, saying a 20-year-old precedent wrongly expanded Congress's power to regulate commerce.
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November 20, 2025
Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute
A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out.
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November 20, 2025
1st Circ. Sends Maine's 3M PFAS Suit Back To Federal Court
A First Circuit panel has sent a suit from the state of Maine against 3M Co. over so-called forever chemical contamination back to federal court, saying its disclaimer that it wasn't pursuing federal claims does not on its own put the case in state court.
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November 20, 2025
Va. Defends Ban On Unauthorized Flavored E-Cigarettes
The Virginia attorney general and tax commissioner are urging a federal judge to throw out a suit challenging the state's ban on flavored e-cigarettes that are not approved by federal regulators, saying the plaintiffs have no standing to sue and the ban complies with federal law.
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November 19, 2025
29 AGs Want Social Media Addiction Fight Decided In 1 Trial
A coalition of 29 state attorneys general Wednesday urged a California federal judge presiding over social-media addiction multidistrict litigation to consolidate state law claims into a single jury trial, while Meta's counsel argued that there's no case law precedent for such a single trial and it would be prejudicial.
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November 19, 2025
PacifiCorp To Pay $150M To 1,400 Survivors Of 2020 Wildfires
PacifiCorp announced Wednesday that it has reached a $150 million settlement with more than 1,400 plaintiffs who blame the Berkshire Hathaway-owned utility's equipment for sparking deadly Labor Day 2020 wildfires in Oregon.
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November 19, 2025
Wash. Judge Narrows Claims In Seaplane Crash Dispute
A Washington state judge largely denied a charter flight company's attempt to put blame for a seaplane crash that killed 10 people onto an aircraft company, and said there are genuine questions about whether sole cause can be attributed to either party.
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November 19, 2025
Amazon Alexa Users Win Cert. Of 1.2M-Member BIPA Class
An Illinois federal judge has certified a class of roughly 1.2 million users of Amazon's Alexa in litigation accusing the e-commerce giant of unlawfully collecting their biometric voice data, allowing two people to serve as representatives for those in the state for whom Amazon allegedly created voiceprints.
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November 19, 2025
Mich. Judge Questions AG's Role In Roku Privacy Suit
A Michigan federal judge on Wednesday questioned the state attorney general's authority to pursue privacy violation claims against Roku Inc. on behalf of residents and children, saying that such allegations can also be brought as a private class action.
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November 19, 2025
9th Circ. Urged To Void Hyundai, Kia Buyers' $145M Theft Deal
Two objectors to a $145 million class action settlement over claims that Hyundai and Kia sold theft-prone vehicles urged the Ninth Circuit Wednesday to find that the district court abused its discretion in approving the deal because it doesn't adequately compensate all class members, including those whose cars were not stolen.
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November 19, 2025
Nestle Asks 9th Circ. To Nix False Ad Class In Child Labor Suit
Nestle urged the Ninth Circuit on Wednesday to reverse certification of a class of millions of consumers who purchased chocolate labeled "sustainably sourced," saying claims the chocolate is produced through child labor and deforestation are untrue and the question of whether consumers purchased due to the labeling is highly individualized.
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November 19, 2025
Whoop Blood Pressure Tracker Hit With False Ad Suit
A consumer on Tuesday hit health and wellness wearable tech company Whoop Inc. with a proposed class action in California federal court alleging that its boasting of the blood pressure features of its fitness tracker duped consumers and prompted a warning from health regulators.
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November 19, 2025
Sara Lee Falsely Claims 'No Preservatives,' Suit Says
A proposed class of consumers is suing the company behind Sara Lee in New York federal court, alleging its bread products contain citric acid even though the labels indicate they are made without "artificial colors, flavors & preservatives."
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November 19, 2025
Whole Foods' $1M Asbestos Suit Survives Dismissal Bid
Whole Foods can proceed with its $1 million lawsuit over construction work that freed asbestos and forced a store to close temporarily, after a North Carolina Business Court judge ruled the grocer alleged enough to support contract breach claims against a plaza owner and sublessor.
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November 19, 2025
Pfizer To Pay $41.5M To Settle Adulterated ADHD Drug Claims
Pfizer Inc. and Tris Pharma Inc. agreed Wednesday to cough up $41.5 million to settle claims brought by Texas that it gave adulterated ADHD drugs to children, ending a lawsuit alleging the companies violated a state healthcare fraud law.
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November 19, 2025
Doc Takes Plea, Avoids Prison In Novel Opioid Death Case
A retired Massachusetts doctor pled guilty and was sentenced to five years of probation in a first-of-its-kind involuntary manslaughter case over a patient's 2016 opioid overdose death, the state attorney general's office announced.
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November 18, 2025
Health Co. Execs Convicted In $100M Adderall Sales Scheme
A San Francisco federal jury weighing a first-of-its-kind case on Tuesday convicted two digital healthcare company executives of scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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November 18, 2025
Ex-FDA Chief Accuses J&J Of Hiding Talc Risks For 50 Years
A former head of the U.S. Food and Drug Administration spent a contentious day under cross-examination Tuesday in a Los Angeles bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer, accusing the company of hiding the products' health risks for over 50 years.
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November 18, 2025
Sig Sauer Let Ad Men Guide 'Defective' Gun Design, Suit Says
Sig Sauer Inc. allowed its marketing team to remove key safety features on its popular P320 pistol, resulting in a "defectively designed" weapon with a light trigger that's killed at least one person, a Washington gun owner alleged Monday in the latest of dozens of suits over the gun's design.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Plaintiffs Seek Meta Research Docs On Youth Users
Plaintiffs urged a Los Angeles judge to compel Meta to produce unredacted internal documents that they say show its attorneys changed company research about the effects of social media on the young, citing a recent order by a Washington, D.C., judge in related litigation.
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November 18, 2025
Vt. High Court Upholds Revocation Of Pot Grower's License
The Vermont Supreme Court upheld the state's Cannabis Control Board's decision to pull a cultivator's license on allegations that the grower used a prohibited pesticide after being explicitly told not to, with the justices rejecting the company's request to review how the board weighed the evidence.
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November 18, 2025
Perrigo Sued Over Misstatements On Infant Formula Business
Perrigo Company PLC faces a shareholder class action alleging the company and its top brass failed to disclose critical issues with infant formula operations that it purchased from Nestle and caused stock prices to drop as the issues came to light.
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November 18, 2025
Noem Says US Security Behind Job Denial, Not Religious Tea
Homeland Security Secretary Kristi Noem countered a job applicant's lawsuit alleging religious discrimination, telling a Florida federal court that the judiciary system lacks the authority to scrutinize the department's national security decisions.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.