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Product Liability
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November 10, 2025
$22M Helicopter Crash Verdict Balloons With Interest On $12M
A Montana federal judge has tacked on pre- and postjudgment interest to most of a $22 million verdict against aircraft manufacturer Kaman Aerospace Corp. in a lawsuit over a defectively made helicopter that crashed five years ago, killing a veteran pilot who was fighting a wildfire.
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November 10, 2025
Ohio Panel Reinstates Yamaha Carbon Monoxide Death Suit
An Ohio appeals court has reinstated claims against Yamaha Motor Co. Ltd. stemming from the death of a college athlete who drowned after riding on a Yamaha boat, finding there are factual disputes about whether the boat was defectively designed and whether the manufacturer adequately warned of carbon monoxide exposure.
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November 10, 2025
FDA Lifts Hormone Replacement 'Black Box' Warnings
The U.S. Food and Drug Administration on Monday said it was removing the "black box" warnings from hormone replacement therapy treatments for menopause for the risks of cardiovascular disease, breast cancer and probable dementia.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
BMW Sued Over Fire Risk In 145,000 Recalled Vehicles
BMW of North America sold more than 145,000 vehicles with defective electrical starters despite knowing that they can overheat and pose a fire hazard, according to a proposed class action in New Jersey federal court.
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November 07, 2025
4th Circ. Opioid Case Brings Public Nuisance Back To The Fore
The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.
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November 07, 2025
OpenAI Hit With Wave Of Suits Over 'Suicide Coach' ChatGPT
ChatGPT users and suicide victims' families hit OpenAI Inc. and its CEO Sam Altman with a wave of lawsuits in California state court Friday, alleging OpenAI knowingly released a dangerously designed sycophantic, psychologically manipulative, addictive version of ChatGPT that at times became a "suicide coach" to vulnerable users who killed themselves.
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
Texas AG: Roblox Not Protecting Kids From 'Pixel Pedophiles'
Texas has sued Roblox Corp. in state court, accusing the multibillion-dollar company of deceiving parents about the safety of its popular online gaming platform and allowing children to wander in what the state called an "unregulated universe" shared with predators.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label
D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.
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November 07, 2025
Eli Lilly Rep Says Off-Label Sales Protest Got Her Fired
A former Eli Lilly and Co. sales manager said she was fired for objecting to how she and other sales personnel were required to present the diabetes drug Mounjaro to physicians as a weight loss drug when it was not approved for such use, according to a complaint filed in New Jersey federal court Friday.
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November 06, 2025
Consumers Sue Tilray Over Protein Claims In Hemp Product
International cannabis lifestyle and consumer packaged goods company Tilray Brands Inc. was hit with a proposed class action in California federal court by a woman who claims it overstates the amount of protein consumers will get from eating its "Just Hemp" protein powder.
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November 06, 2025
Texas AG Wants To Halt Kenvue $400M Shareholder Pay
Texas wants to block Johnson & Johnson consumer health spinoff Kenvue from paying $400 million to shareholders, calling it a "fraudulent transfer" amid the company, which makes Tylenol, facing "tens or hundreds of billions of dollars in liabilities" in the state's suit alleging the company hid the risk that acetaminophen could lead to autism.
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November 06, 2025
Fla. AG Says Planned Parenthood Lied About Abortion Drugs
The Florida Attorney General sued Planned Parenthood on Thursday, alleging the reproductive healthcare nonprofit misrepresented the safety of abortion drugs to women in a mass marketing campaign.
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November 06, 2025
FDA Warns Companies About Illegal Marketing Of Botox
The U.S. Food and Drug Administration has ordered the companies behind 18 websites to stop selling all Botox injectables to consumers that they have marketed as being able to treat chronic migraine, sweaty palms, overactive bladder and blepharospasm, or spasms that force one's eyelids closed.
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November 06, 2025
Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines
Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case
A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.
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November 05, 2025
6th Circ. Scraps Objections To $600M Train Derailment Deal
The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules
A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.
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November 05, 2025
Ethiopian Air Crash Warrants Substantial Award, Jury Hears
The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.
Expert Analysis
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.