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Product Liability
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October 11, 2024
More Ga. PFAS Suits Are Coming. Here's How Attys Prepare
Leading attorneys in PFAS litigation say new regulations and ever-increasing lawsuits require attorneys to think carefully about proactive measures clients can take to limit PFAS use, and about the latest scientific research into how the so-called forever chemicals impact humans and the environment.
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October 10, 2024
Social Media Apps Don't Need User Warnings, MDL Judge Told
A lawyer for TikTok urged a California state judge on Thursday to cut failure-to-warn claims from multidistrict litigation over social media's alleged effects on youth mental health, saying this theory is akin to suing newspapers for "not including a warning that reading the news could put you in a bad mood."
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October 10, 2024
Trade Group, Enviros Clash Over EPA Methylene Chloride Rule
American Chemistry Council and the Sierra Club are taking aim at the U.S. Environmental Protection Agency's methylene chloride rule, with the industry group telling the Fifth Circuit the agency overstepped when it outright banned most applications of the chemical for no valid reason and the conservation organization arguing it didn't go far enough.
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October 10, 2024
Wash. Judge Condemns Monsanto's Bid To Delay PCB Trial
A Washington state judge grew frustrated on Thursday with Monsanto's eleventh-hour attempt to shelve a PCB poisoning tort headed to trial next week until the state Supreme Court weighs in on a similar case, calling out the chemical giant for taking stances on "both sides of the fence" about the stakes on appeal.
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October 10, 2024
Tobacco Cos. Push To Move Dozens Of Cases Out Of Boston
Several tobacco companies asked a Massachusetts judge Thursday to send more than 30 pending liability cases to other venues in the state, arguing that the plaintiffs have no ties to Suffolk County and that the volume of cases is burdening judges in the Boston courthouse.
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October 10, 2024
Eli Lilly Tells Mich. Justices It's 'Wrong Time' For Insulin Case
A lawyer for pharmaceutical company Eli Lilly has urged the Michigan Supreme Court to reject a call to shake up the state's consumer protection precedent, saying during oral arguments Thursday that the attorney general is asking the court to do "by fiat" what Michigan lawmakers could soon accomplish with a bill package that got a hearing earlier this week.
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October 10, 2024
Animal Medication Co. Sued Over Dog Arthritis Treatment Risks
New Jersey-based animal medication company Zoetis Inc. was hit with a proposed class action Wednesday alleging that a drug used to treat osteoarthritis in dogs has harmful effects such as seizures, inability to walk, organ damage and even death, which the company has failed to warn about.
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October 10, 2024
Faulty New Balance Shoes Killed Olympian's Career, Suit Says
An athlete, who previously competed in two Summer Olympics, claims she missed this year's Paris Games after suffering a "career-ending injury" due to defective running shoes provided by her sponsor, New Balance, according to a lawsuit filed in Rhode Island federal court.
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October 10, 2024
Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal
Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.
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October 10, 2024
3M Can't Put Pause On Connecticut Firefighters' PFAS Suit
A Connecticut federal judge on Thursday declined to let 3M Co. and other companies put a stay on a proposed class action by firefighters alleging their turnout gear contains so-called forever chemicals while the Judicial Panel on Multidistrict Litigation decides whether to roll it into a South Carolina MDL.
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October 10, 2024
3M, Other Cos. Hit With PFAS Contamination Class Action
Nantucket, Massachusetts, residents seek to hold the 3M Co., The Chemours Co. and other companies liable for perfluoroalkyl and polyfluoroalkyl substances that allegedly contaminated their properties, their drinking water and the residents themselves.
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October 10, 2024
Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd
A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.
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October 10, 2024
Fisher-Price Recalls Infant Swings After Five Deaths
The U.S. Consumer Product Safety Commission and Fisher-Price on Thursday announced a recall of a type of infant swing, after there have been reports of five deaths when the products have been used for sleep.
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October 10, 2024
Monsanto Hit With $78M Verdict In Philly's 6th Roundup Trial
Bayer AG unit Monsanto was hit with a $78 million verdict on Thursday by a Philadelphia jury in the sixth trial in the city's Roundup weedkiller mass tort.
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October 09, 2024
Uber Can't Claw Back Safety Update Doc In Sex Assault MDL
A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.
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October 09, 2024
Wash. Justices To Weigh $185M PCB Case Against Monsanto
The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.
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October 09, 2024
Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit
The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.
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October 09, 2024
9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit
A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case."
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October 09, 2024
Louisiana Judge Reopens EPA's Enforcement Against Denka
A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.
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October 09, 2024
Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL
A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.
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October 09, 2024
EPA Will Clean Up 7 Abandoned Mines On Navajo Land
The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.
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October 09, 2024
Companies' Kratom Supplements Are Addictive, Class Says
A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.
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October 09, 2024
DLA Piper Adds Former Faegre Drinker Litigator In Philly
DLA Piper has expanded its litigation services in the Philadelphia office this week by adding an attorney with more than 30 years of courtroom experience.
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October 09, 2024
GSK Settles Nearly All State Zantac Cases For Up To $2.2B
GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
Expert Analysis
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.