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Product Liability
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October 03, 2025
Fla. Jury Hears Law Weakened DEA Efforts In Opioid Crisis
A former U.S. Drug Enforcement Administration official testified Friday in a Florida state court trial in a lawsuit alleging that Walgreens, Walmart and CVS conspired to overdispense prescription painkillers, saying that a federal law passed in 2016 made it harder to investigate the companies' contribution to the opioid crisis.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs
Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.
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October 03, 2025
Alaska Plane Crash Victim's Family Owed $16.8M, Jury Says
A Washington state court jury has awarded nearly $16.8 million to the family of a man who died in a 2019 plane crash in Alaska, finding the flight's now-defunct regional airline on the hook for negligence at the conclusion of a six-week trial.
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October 03, 2025
Roush's NASCAR Team Accused Of Exposing Employee Data
Professional stock car racing team Roush Fenway Keselowski Racing LLC has been hit with a putative class action in North Carolina federal court accusing it of failing to safeguard employees' sensitive information, resulting in a data breach.
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October 03, 2025
GM Sold Cars With Known Brake Defects, Class Action Says
General Motors LLC sold vehicles with defective brake systems that caused drivers to experience loss of the brake function, a proposed class action filed in Pennsylvania federal court alleges, saying the company sold the cars despite having knowledge of the defect.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
Split 3rd Circ. Backs Fiat Chrysler In Deceptive Sticker Claims
A split Third Circuit panel upheld the dismissal of a class action alleging that Fiat Chrysler put deceptive price stickers on its vehicles to hide the fact that it "injected profit" into the cost, with the court holding that car buyers weren't actually harmed.
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October 03, 2025
Benzene At NC BASF Plant Caused Cancer, Ex-Worker Says
A former worker at a North Carolina vitamin plant is suing BASF Corp. and affiliates of Takeda America Holdings Inc. in North Carolina federal court, alleging BASF exposed her to benzene, resulting in her developing cancer later in life.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stay In Camp Lejeune Case Would Harm Claimants, Court Told
Pressing pause on Camp Lejeune water litigation after the federal government shutdown is unduly detrimental to the thousands of people waiting for a remedy from exposure to contaminated water, a North Carolina federal court was told Friday.
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October 03, 2025
United Aims To Ground Passengers' 'Window Seat' Suit
United Airlines Inc. is asking a California federal court to throw out a proposed class action from two passengers alleging that the airline misled them by promising window seats, only to give them seats without windows, saying the complaint is preempted entirely by federal law.
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October 03, 2025
Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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October 02, 2025
Roblox Faces 2 More Suits Claiming It Lets Predators Slide
Roblox has been hit with two more lawsuits alleging that it fails to stop online predators from using its gaming platform to groom and sexually exploit children, with one brought by a minor who says she was lured to a motel room where she was raped by five men.
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October 02, 2025
Polish Airline's Boeing 737 Max Fraud Suit Bound For Trial
A Washington federal judge on Thursday teed up for trial LOT Polish Airlines' suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas, saying a jury should consider whether Boeing misrepresented risks about the jets to airline customers.
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October 02, 2025
NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup
North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.
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October 02, 2025
Perrigo Can't Escape Parents' 'Paw Patrol' Mouthwash Suit
An Illinois federal judge on Thursday refused to dismiss a proposed class action alleging that Perrigo Co. and Ranir LLC's fluoride mouthwash products are deceptively aimed at children, saying the proposed class has adequately pled that it was misled by the products' packaging.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 02, 2025
J&J Must Pay $10M In Punitive Damages After Asbestos Loss
A Connecticut state court judge has hit Johnson & Johnson with $10 million in punitive damages after a jury sided with a builder who alleged the company's baby powder caused his terminal cancer, adding the amount to an existing $15 million verdict.
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October 02, 2025
HVAC Co. Liable For Damage At Philly School, Insurer Says
An HVAC company is responsible for water damage at a Philadelphia charter school, the school's insurer told a Pennsylvania state court, saying the company's failure to maintain the heating and cooling system allowed air temperatures to reach levels that triggered the building's sprinkler system.
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October 01, 2025
Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries
A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.