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Product Liability
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November 14, 2025
DC Circ. Wary Of DEA Delays In Religious Ayahuasca Case
A D.C. Circuit panel on Friday appeared skeptical that the Drug Enforcement Administration was justified in its delays processing an Iowa church's application for a religious exemption to the Controlled Substances Act to use a psychedelic in its rites.
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November 14, 2025
ByHeart Sued Over Baby Food Botulism Contamination
A proposed class of consumers is suing ByHeart Inc., alleging that the company failed to warn buyers that its baby formula is contaminated with Clostridium botulinum, which can cause rare but potentially fatal infant botulism.
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November 14, 2025
Ex-CFPB Atty Joins Duane Morris' DC Trial Practice
Duane Morris LLP has hired a senior litigation counsel from the Consumer Financial Protection Bureau who for more than three years in the agency's enforcement division litigated matters related to mortgage fraud, small-dollar lending and a range of related matters.
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November 14, 2025
Purdue's $7.4B Ch. 11 Plan To Be Confirmed
A New York bankruptcy judge agreed to confirm the $7.4 billion Chapter 11 plan of Purdue Pharma LP on Friday, saying he would issue a formal bench ruling next Tuesday explaining his decision.
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November 13, 2025
J&J Bellwether Trial Over Talc Cancer Risks Kicks Off In LA
An attorney for one of two women who claim Johnson & Johnson's talcum products caused their ovarian cancer told a Los Angeles jury Thursday during opening statements in a bellwether trial that decades-old internal documents prove J&J knew its talc products contained toxic levels of asbestos but hid that information.
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November 13, 2025
Cancer Patient Was Severely Addicted, Tobacco Jury Told
The youngest daughter of a longtime smoker who died of lung cancer testified Thursday at trial against Philip Morris and R.J. Reynolds that her mother went to emotional and behavioral extremes to get her "fix."
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November 13, 2025
Pipe Maker Names 2nd Firm In Asbestos RICO Suit
A Los Angeles pipe manufacturer has added Massachusetts-based Sokolove Law to its civil racketeering lawsuit in Illinois federal court accusing Simmons Hanly Conroy LLP and others of orchestrating a scheme to fill the law firms' coffers by bringing baseless asbestos claims, alleging the Sokolove firm acted to find the cases.
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November 13, 2025
2nd Circ. Upholds NY's Ban On Selling Diet Pills To Minors
The Second Circuit on Thursday rejected a trade group's bid to block a New York law that bars companies from selling weight loss and muscle-building supplements to minors, finding the group likely won't win its First Amendment challenges and retailers' "speculative predictions" of lost sales aren't enough to show irreparable harm.
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November 13, 2025
Fla. Hospitals Didn't Prove Opioid Conspiracy, Jurors Told
Walgreens told a state court jury on Thursday that Florida hospitals haven't proven that the company conspired with Walmart, CVS and pharmaceutical manufacturers to illegally dispense opioids through their pharmacies, arguing that the corporations shouldn't be liable for $1.5 billion in damages for contributing to an epidemic of opioid-addicted patients.
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November 13, 2025
Hemp Policy At Crossroads After Government Reopening Bill
Hemp industry advocates are pledging to use the one-year gap between enactment and implementation of the government funding agreement, which effectively recriminalized most hemp-derived THC products, to craft new regulatory legislation that stops short of a full ban.
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November 13, 2025
CVS Reaches Deal In 'Non-Drowsy' Labeling Class Action
A woman has agreed to settle her proposed class action against CVS Pharmacy accusing it of deceptively marketing its flu medicine as "non-drowsy" when it contained a drug known to cause drowsiness.
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November 13, 2025
Weight-Loss Drug MDL In Pa. Grows With 3 New Jersey Cases
Three New Jersey cases were grouped into multidistrict litigation accusing Eli Lilly & Co. and Novo Nordisk of downplaying alleged side effects of weight loss drugs like Ozempic and Trulicity, according to a transfer order filed in Pennsylvania federal court.
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November 13, 2025
Tribe Scores Early Win Against Michigan Fruit Processor
A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups.
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November 13, 2025
Injured Riders Ask Justices To Block NJ Transit's Immunity
Three injured riders from Pennsylvania and New York asked the U.S. Supreme Court to reject New Jersey Transit's bid to escape two negligence suits on interstate sovereign immunity grounds, arguing that the transit agency is legally distinct from the State of New Jersey and should not be insulated from being sued in courts outside the state.
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November 13, 2025
NY Judge Declines Sanctions For Citation Errors — Again
For the second time in as many months, a Manhattan federal judge has stopped short of sanctioning an attorney for including false case citations in a filing, warning the lawyer in an order that he had better not allow errors again.
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November 13, 2025
Tesla Fatal Crash Trial Delayed Over Discovery Disputes
A Florida state judge granted a request Thursday to push back the trial date of a suit against Tesla over a fatal crash and said he would be appointing a magistrate judge to handle the discovery disputes delaying the case.
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November 12, 2025
Valsartan Cancer Expert Blocked, Ending First Injury Trial
What was set to be the first bellwether case in the sprawling multidistrict litigation over contaminated blood pressure medication Valsartan was decided Monday when a New Jersey federal judge excluded as "pure speculation" the plaintiff's medical expert who testified that the drug caused a patient's liver cancer.
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November 12, 2025
Kratom Consumer Drops Suit Over Seltzer's 'Addictive' Effects
A Washington consumer who claims she became addicted to beverage maker Mitra-9's kratom-based seltzers, powders and shots has agreed to drop her lawsuit weeks after the company called the buyer out for claiming to have bought the products before it was even established.
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November 12, 2025
NJ Justices Keep Ozempic Injury Mass Torts Separate
The New Jersey Supreme Court has decided not to combine two Bergen County Superior Court mass tort cases over weight loss drugs including Ozempic, Wegovy and Mounjaro, keeping them separate based on the type of injury alleged.
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November 12, 2025
Purdue Kicks Off Ch. 11 Confirmation With Plan Overview
Bankrupt OxyContin maker Purdue Pharma began its Chapter 11 confirmation trial Wednesday with an overview of its latest plan and the myriad settlements that underpin the proposal, including a $6.5 billion commitment from the company's owners.
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November 12, 2025
Boulder Fights Exxon's High Court Bid To Sink Climate Suit
The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.
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November 12, 2025
Boeing Settles Ethiopian Air Case Ahead Of $28M Verdict
An Illinois federal jury awarded more than $28 million on Wednesday to the estate of a United Nations environmental scientist who died in the 2019 crash of a Boeing jet flying Ethiopian Airlines Flight 302, even though the parties reached a settlement ahead of closing arguments.
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November 12, 2025
Co. Says Excess Insurer Can't Avoid Asbestos Coverage Row
A paint and drywall product manufacturer said an Allianz unit can't rely on a pollution exclusion to avoid a dispute over coverage for underlying asbestos claims, telling a Texas federal court that the insurer's interpretation of the exclusion is contrary to the policy language and unsupported by Texas law.
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November 12, 2025
2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling
The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.
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November 12, 2025
Rolls-Royce Opposes New Helicopter Crash Claim Before Trial
Rolls-Royce Corp. is urging a Texas federal court to reject addition of a marketing defect claim to a wrongful death suit brought over a helicopter crash in the U.S. Virgin Islands, saying it's too late after nearly three years of litigation and with trial weeks away.
Expert Analysis
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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.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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What Gene Findings Mean For Asbestos Mesothelioma Claims
Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.