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Product Liability
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September 23, 2025
OTC Drug Co. Must Face Shampoo Cancer Risk Class Action
A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.
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September 23, 2025
Uber Asks Judge To Look Into Leak Of Sealed Records To NYT
Uber has asked a San Francisco judge to order the lawyers in coordinated sexual assault litigation in California state court involving hundreds of accusers to officially state they have no knowledge about how sealed, confidential information protected under the court's order was handed over to The New York Times.
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September 23, 2025
Eli Lilly Deal In Weight Loss Drugs Trademark Suit Hits Snag
Pharmaceutical giant Eli Lilly and two Seattle-area medical clinics tried to leave a federal court "entirely in the dark" on the finer points of their newly proposed trademark suit settlement, a Seattle federal judge held in declining to approve the deal and enter a consent judgment in the case.
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September 23, 2025
5th Circ. Clears Tugboat Firm In Barge Sinking Dispute
The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
Pfizer Settles Conn. Zantac Lawsuits Alleging Cancer Risks
Pfizer Inc. has settled two Connecticut state court lawsuits by patients who claimed generic forms of ranitidine, the heartburn and acid reflux drug sold under the brand name Zantac, degraded into a substance that caused cancer.
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September 23, 2025
Foes Slam Feds' GHG Plan As Trump Decries Green 'Scam'
Green groups and democrats are strongly opposing the U.S. Environmental Protection Agency's proposal to abandon a key greenhouse gas policy, as President Donald Trump on Tuesday called climate change "the greatest con job ever perpetrated on the world."
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
EPA Still Can't Escape Tort Claims Over Flint Water Crisis
A Michigan federal judge has again denied a U.S. Environmental Protection Agency request to dismiss Federal Tort Claims Act litigation seeking to hold the government liable for allegedly lax oversight of the water system in Flint, Michigan.
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September 23, 2025
Sunbeam Settles Claims With Scalded Pressure Cooker User
A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 22, 2025
Uber Assault Accuser's PTSD Signs Pre-Date Ride, Jury Told
A woman claiming she suffers from post-traumatic stress disorder as a result of being sexually assaulted by her Uber driver when she was 18 has a history of childhood abuse and traumatic incidents, indicating she had PTSD before the 2016 ride, two psychiatrists told jurors Monday in a bellwether trial.
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September 22, 2025
Hershey Defeats Reese's Halloween Candy Misbranding Suit
A Florida federal judge has thrown out a proposed class action claiming Hershey misled consumers by selling Halloween-themed Reese's products in packaging that made them think the pumpkin-shaped candy would feature carved, jack-o'-lantern designs.
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September 22, 2025
Robbins Geller To Steer Ford Investors' Warranty Costs Suit
Robbins Geller Rudman & Dowd LLP was selected on Monday to lead a consolidated putative class action accusing Ford Motor Co. and its executives of concealing rising warranty costs that later caused an 18% stock price decline.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Parents Want Roblox Grooming Suits Consolidated In Calif.
Parents who claim their children were groomed and exploited by sexual predators on Roblox's popular gaming platform say their cases should be consolidated and sent to the Northern District of California since their cases are almost identical, according to a recent petition.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Tech Groups Ask To Maintain Block On Fla. Social Media Law
Tech industry organizations and civil rights groups threw their support behind two groups challenging a Florida law banning children 13 and under from social media, telling the Eleventh Circuit the law is an unconstitutional regulation of speech.
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September 22, 2025
EPA Proposes Rolling Back TSCA Risk Evaluation Regs
The U.S. Environmental Protection Agency on Monday proposed loosening regulations for chemical health risk evaluations, saying the existing set can unnecessarily prolong reviews and stifle new products, but green groups are criticizing the move as a giveaway to industry.
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September 22, 2025
Meteorologist's Widow Gets $126M In Wrongful Death Deal
The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.
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September 22, 2025
8th Circ. To Hear Tribal Tesoro Pipeline Row In October
The Eighth Circuit has set arguments for Oct. 21 in North Dakota tribal members' challenge to a lower court's decision that denied them intervention in a lawsuit against the federal government's right-of-way trespassing claims against Tesoro High Plains Pipeline.
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September 22, 2025
Mich. Panel Reaffirms 3M's Win In Challenge To PFAS Rules
A Michigan appellate panel has again upheld a court decision invalidating Michigan's limits on PFAS chemicals in tap water, finding that 3M Co. may challenge the rules in court without first lodging an administrative complaint with the state's environmental agency.
Expert Analysis
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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.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.