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Product Liability
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Ford Hit With Suit Over F-150 Oil Consumption Defect
Ford Motor Co. was hit with a proposed class action Thursday alleging that the automaker marketed its top-selling F-150 pickup trucks as "durable" and "best in class," but they have a defect that causes them to consume oil "at an excessive rate" that affects the vehicle longevity.
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August 28, 2025
FedArb Hires Ex-RTX Legal Chief As Commercial Mediator
California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss
A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.
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August 27, 2025
Judge Unsure AI Drugmaker Investors Backed Retooled Suit
A Connecticut federal judge seemed open to dismissing a securities suit alleging an artificial intelligence-driven drugmaker's executives misled investors about compliance issues plaguing a dementia drug, suggesting during a hearing Wednesday that the amended complaint may not have enough factual support.
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August 27, 2025
Buyers Drop State Claims In Target Deceptive 'Clean' Label Suit
A proposed class of consumers alleging Target's Clean range of beauty products actually contain chemicals harmful to humans and the environment agreed Wednesday to voluntarily dismiss their specific state law claims without prejudice.
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August 27, 2025
4th Circ. Upholds Va. County's 'Sensitive Places' Gun Bans
The Fourth Circuit on Wednesday upheld a Virginia county's ban on guns in public parks and left in place its ban near county-permitted events, leaning on U.S. Supreme Court dicta on school gun bans and ruling that plaintiffs hadn't shown enough to sustain their facial challenge to the restrictions.
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August 27, 2025
Stew Leonard's, Cookie Co. Face Trimmed Allergy Death Case
Grocery chain Stew Leonard's and a manufacturer must face punitive damages and product liability claims by the estate of a professional dancer who ate mislabeled cookies and died from an allergic reaction, but both companies won't have to face stand-alone wrongful death claims under a separate statute, a Connecticut judge has ruled.
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August 27, 2025
Hospice Care Co. Can't Duck Claims It Covered Up Death
A Texas appeals court has thrown out wrongful death and negligence claims against a hospice care provider in a suit alleging its employees are liable for a man's death from fentanyl overdose, but allowed claims that they covered up the cause of death by falsifying patient records to proceed.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
Maine Cop Says Jury Must Decide SIG Sauer Discharge Suit
A Maine detective is urging a federal court not to grant SIG Sauer Inc.'s bid for summary judgment in his suit alleging that he was injured when his P320 pistol discharged in his holster because of its defective design, saying he's put forth enough evidence that a jury should decide the case.
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August 27, 2025
Splenda Maker Knows It Contains Toxic Chemical, Scientist Says
A scientist accused of falsely stating that Splenda contains cancer-causing chemicals asked a North Carolina federal court to amend her counterclaims, alleging that Splenda-maker TC Heartland LLC has performed tests showing the sweetener contains the very chemical she warned of.
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August 27, 2025
10th Circ. Revives Cannabis User's Gun Possession Charge
The Tenth Circuit on Tuesday reversed a lower court's decision finding that a law banning marijuana users from owning guns was unconstitutional, saying that more facts were needed to determine whether the Second Amendment was infringed in this particular case.
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August 27, 2025
Boehringer Wins Another Zantac Cancer Trial In Ill.
An Illinois state court jury sided with Boehringer Ingelheim on Wednesday in a man's lawsuit claiming over-the-counter Zantac use contributed to his colorectal cancer development, adding another tally on the German drugmaker's list of victories over similar accusations.
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August 27, 2025
Bone Broth Co. Inflated Protein Amounts, Suit Claims
Two consumers on Tuesday hit a bone-broth maker with a proposed class action suit in California federal court alleging that the company took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its products.
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August 27, 2025
Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice
A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.
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August 26, 2025
OpenAI, ChatGPT Blamed In Suit Over Calif. Teen's Suicide
The parents of a California teenager who died by suicide earlier this year filed a wrongful death suit in Golden State court Tuesday, claiming that OpenAI's artificial intelligence tool ChatGPT encouraged self-harm and suicidal ideation and then helped the 16-year-old plan his death.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
Mich. Paper Mill Settles Noxious Odor Suit
After losing their bid for class certification, property owners who complained about a rotten-egg smell coming from a nearby paper mill have reached a deal with Graphic Packaging International, according to an order by a Michigan federal judge, who dismissed the case on Tuesday.
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August 26, 2025
Delta To Pay LA Residents $79M For Dumping Fuel On Them
Delta Air Lines Inc. and a certified class of Angelenos urged a California federal judge to vacate his summary judgment ruling and preliminarily approve their $78.75 million deal under which class counsel would receive up to $26 million to end consolidated litigation over a 2020 jet fuel dumping incident.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
Farmers Defend Climate Superfund Law Against Challenges
Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
Expert Analysis
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.