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Product Liability
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
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November 05, 2025
6th Circ. Says Asbestos Reinsurance Fight Can't Be Rehashed
An Amerisure unit can't seek reimbursement from reinsurer Swiss Re for defense costs paid in underlying asbestos litigation against a building material manufacturer, the Sixth Circuit affirmed, saying the issue has already been decided in arbitration proceedings with another reinsurer.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
High Court Justices Mull Removal Issues In Baby Food Case
The U.S. Supreme Court on Tuesday grappled with whether a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was properly removed to federal court, as some justices voiced concerns about depriving plaintiffs of their choice of forum.
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November 04, 2025
Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told
The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.
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November 04, 2025
J&J, Kenvue Must Still Face IPO Fraud Claims, Judge Rules
A New Jersey federal judge refused to reconsider his previous decision not to dismiss IPO fraud claims against Johnson & Johnson and its spinoff Kenvue Inc., finding there was no clear error of law or fact that needed any correction.
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November 04, 2025
IRhythm Investors Seek Class Cert. In Heart Device Suit
Investors in digital healthcare company iRhythm Technologies are seeking certification of a class that bought shares of the company over a roughly two-year period during which it allegedly concealed issues with its Zio AT heart-event monitoring device.
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November 04, 2025
LastPass Reports Settlement With Data Breach Class
Password manager app LastPass told a Massachusetts federal judge Tuesday that it has reached an agreement in principle to settle a consolidated class action over its 2022 data breach.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Covington, Reed Smith Sue Vyaire Over Lost Fees
Covington & Burling LLP and Reed Smith LLP have brought an adversary lawsuit against onetime ventilator maker Vyaire Medical and its Chapter 11 plan administrator in Delaware bankruptcy court, alleging the company has failed to pay the law firms after it settled a dispute over product recall insurance coverage.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Judge Won't Yet OK Boeing Whistleblower Suicide Settlement
A lawsuit accusing Boeing of instigating a "campaign of harassment" against a whistleblower leading to his suicide remains ongoing after a South Carolina federal judge declined to approve a $50,000 settlement, saying that the confidential terms of a separate but related deal prevent her from knowing if this agreement is fair.
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November 03, 2025
What's In Store For Hain Baby Food Case At The High Court
In a baby food case against Hain Celestial and Whole Foods, the U.S. Supreme Court on Tuesday will consider whether an appellate court must vacate a final judgment when it has determined that a district judge wrongly dismissed a non-diverse party in a suit originally brought in state court and removed to federal court.
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November 03, 2025
Couple Trapped In Tesla During Fatal Fire, Wis. Family Claims
Tesla Inc. turned a "survivable crash into a fatal fire" through multiple design defects in its Model S car, according to a Wisconsin state court lawsuit filed by the family of a couple who died trapped inside one when it erupted into "big flames."
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November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law
A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
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November 03, 2025
Adhesives Co. Seeks AIG's Defense In Faulty Grout Row
Adhesives manufacturer H.B. Fuller Co. told a Minnesota federal court that an AIG unit has breached its duty to defend the company in a proposed class action over the company's Power Grout product, alleging the unit "has abandoned" the company amid ongoing mediation talks in the underlying case.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
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November 03, 2025
Doc Says No Duty To Preserve Emails Years Before Talc Suit
A doctor being sued by a Johnson & Johnson unit over an article linking mesothelioma with talc products is pushing back on the company's bid to sanction him for deleting his emails, saying he had no duty to preserve emails three and four years before the suit was filed.
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November 03, 2025
GE Can't Nix Suit Over Power Plant Worker's Injuries
A Pennsylvania federal judge won't let General Electric Co. and Joenic Steel LLC out of a suit by a power plant worker who alleges that he was injured while installing a faulty expansion joint, saying the companies' arguments will have to go in front of a jury.
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November 03, 2025
Mo. Health Officials Issue Warning On Kratom Extract 7-OH
Missouri health officials have issued a statewide alert warning consumers about the dangers of 7-hydroxymitragynine, or 7-OH, a loosely regulated opioid-like alkaloid derivative of the kratom leaf that is present in numerous consumer products.
Expert Analysis
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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.
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Opinion
Time For Full Disclosure Of Third-Party Funding In MDLs
It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.