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Product Liability
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
Kim Kardashian, Celebs Challenge Crypto Buyers' Cert. Bid
The co-founder of the EthereumMax crypto token and celebrities who allegedly promoted the offering told a California federal judge that a group of spurned buyers should not be able to certify their class action since they have not provided a way to determine how many transactions would fall in each category.
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April 29, 2025
Michigan Asks Justices To Sustain Remand Of Pipeline Fight
The Michigan attorney general on Tuesday told the U.S. Supreme Court that there's no need for it to review a Sixth Circuit decision remanding to state court a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline.
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April 29, 2025
Apple Beats Claim Amber Alert On AirPod Hurt Boy's Hearing
A California federal judge on Monday tossed a Texas mother's lawsuit accusing Apple Inc. of being responsible for her teenage son's permanent hearing loss after an Amber Alert allegedly rang through defective AirPods and ruptured his eardrums, saying a physician's expert opinion they leaned on was unreliable for proving causation.
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April 29, 2025
PacifiCorp Hit With $11M Verdict In Latest Wildfire Case
A Portland, Oregon, jury awarded around $10.8 million in noneconomic damages Tuesday to nine plaintiffs who suffered property damage in a group of 2020 wildfires attributed to PacifiCorp's negligence, with the awards likely to be increased to account for punitive damages.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Second Round Of Conn. Firm Windup Fight Sent To Arbitration
A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Ex-Disney Worker Gets 3 Years For Profanity-Laced Menus
A former Walt Disney World employee was sentenced to three years behind bars after he pled guilty in Florida federal court to hacking into a program used to create menus for the theme park's restaurants, adding profanities, changing prices and altering allergen information that could have put patrons at risk.
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April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues
Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
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April 28, 2025
Veolia Settles Flint Water Crisis Claims For $53M
A Michigan federal judge entered final judgment Monday in litigation brought by the state of Michigan and about 26,000 individuals against Veolia North America alleging it prolonged the water crisis in Flint, Michigan, after a $53 million settlement was approved earlier this month.
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April 28, 2025
Judge In NY Dismisses Athlete's Suit Over Gatorade Gummies
A New York federal judge on Monday tossed a lawsuit lodged by a promising Texas-based sprinter alleging the Gatorade Co. supplied him with contaminated recovery gummies that led to his doping ban, saying lost endorsement opportunities were purely economic harm and not a personal injury.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
High Court Takes On Removal Issue In Hain Baby Food Case
The U.S. Supreme Court will decide whether the erroneous dismissal of a defendant upon a case's removal to federal court warrants undoing the years-later final result, agreeing Monday to hear Whole Foods and Hain Celestial Group's bid to preserve a midtrial win over allegedly tainted baby food.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
Sanofi Challenges Jurisdiction In Conn. Zantac Lawsuits
Sanofi-Aventis U.S. LLC on Monday sought to exit nine combined Connecticut lawsuits claiming the heartburn drug ranitidine degraded into a compound that causes cancer, saying it is beyond the state's long-arm statute and that due process guarantees prevent it from being sued in Connecticut.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
$2.1B Verdict 'Poisoned' By Omitted Evidence, Monsanto Says
Monsanto has asked an Atlanta-area court to undo a more than $2 billion jury verdict awarded to a man who said his cancer was caused by the weedkiller Roundup, arguing that the award is unconstitutional and that the trial was riddled with inadmissible evidence and false testimony.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
Expert Analysis
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.