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Product Liability
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November 19, 2024
Costco Shoppers Say Kirkland Fish Oil Pills Hide Heart Risks
Costco shoppers filed a putative false advertising class action in California federal court Monday accusing the big-box retailer of misleading consumers to believe its Kirkland brand of fish oil omega-3 supplements have heart health benefits, despite there being increased risks associated with fish oil, including atrial fibrillation.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say
Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.
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November 19, 2024
Truck Insurance Must Arbitrate Asbestos Coverage Claims
Truck Insurance Exchange must arbitrate its dispute with a group of reinsurers over coverage for asbestos bodily injury claims filed against Kaiser Cement & Gypsum, a California federal judge ruled, saying there was "little difficulty" in concluding that the case falls within the parties' arbitration agreement.
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November 19, 2024
Calif. Man Wants 9th Circ. To Rehear LG Battery Decision
A California man who alleges that a faulty LG Chem Ltd. 18650 lithium-ion battery melted the skin off his hand is asking the Ninth Circuit for an en banc rehearing of a decision dismissing his defect claims against the company, saying the panel broke with other circuits and binding precedent by finding that California courts did not have jurisdiction over the Seoul-based company.
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November 19, 2024
Conn. Firm CEO's Wife Dropped From Ex-Partner's Suit
Connecticut lawyer Andrew P. Garza on Tuesday dropped attorney Allison M. McKeen, the wife of his former 50-50 law firm partner Ryan C. McKeen, from a lawsuit surrounding the breakup of Connecticut Trial Firm LLC, a high-dollar firm where all three once worked together.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 18, 2024
Monsanto PCB Jury Hears About Ex-Schoolchildren's Illness
Four teenagers and a mother suing Monsanto over PCB damage at their former school took the stand Monday to testify, some tearfully, about physical and mental maladies they believe stem from exposure to decades-old light fixture fluid.
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November 18, 2024
Apple Gets Some AirTag Stalking Claims Tossed, For Now
The California federal judge overseeing a proposed class action accusing Apple of failing to safeguard its AirTag tracking device from being abused by stalkers on Monday tossed product liability claims brought by consumers outside of California, saying Golden State law calls for the "place of the wrong" to take precedence.
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November 18, 2024
3M Can't Add DuPont, Others To PFAS Water RICO Fight
A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
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November 18, 2024
Pa. Lab Seeks Ad Coverage For Libel Suit Over COVID Tests
A Pennsylvania laboratory told a federal court Monday that its insurer must cover it in an underlying lawsuit brought by a COVID-19 test manufacturer in which the manufacturer alleged that the lab sent 19,000 letters to test kit users wrongfully stating that the tests were unreliable.
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November 18, 2024
Chiquita Wants New Bellwether Trial In $38M Paramilitary Case
Chiquita told a Florida federal court that a landmark $38 million bellwether loss to the families of victims of Colombian right-wing paramilitaries was the "product of numerous legal and evidentiary errors" that handicapped the banana company, which now wants a new trial.
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November 18, 2024
Hyundai Keeps Trial Win In $17M Suit Over Fatal Crash
A Kentucky appellate panel won't undo a defense verdict for Hyundai Motor America Inc. in a $17 million suit by a family who alleged a manufacturing defect led to three deaths in a head-on collision, rejecting arguments that evidence was improperly admitted in the case.
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November 18, 2024
Dad Drops From Conn. Death Suit After Attys Tried To Dump Him
A Connecticut man has dropped his claims against Target Corp. and the maker of a recalled infant cushion over the death of his baby daughter, but the girl's mother and estate administrator will continue pursuing the federal product liability lawsuit, court records showed Monday.
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November 18, 2024
CPSC Fines Canadian Co. $16M Over Wall Beds
The U.S. Consumer Product Safety Commission said Monday that a Canadian furniture-maker has agreed to pay up to a $16 million civil penalty over allegations that it failed to report a defect in its wall beds that resulted in injuries and one death.
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November 18, 2024
Rust-Oleum Falsely Touted Spray Paint Coverage, Suit Claims
Paint manufacturer Rust-Oleum Corp. has been hit with proposed class claims in Illinois federal court by customers who claim the paint manufacturer misled them by advertising its "2x" spray paint line as providing twice the coverage of other general purpose paints, when its own data contradicts those label claims.
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November 18, 2024
8th Circ. Set For Arguments In Oil Lease Termination Row
The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.
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November 18, 2024
Feds Delay Rule That Hemp Be Tested At DEA-Licensed Labs
Laboratories certified by the federal government to measure THC concentration in hemp aren't able to meet the demand, the U.S. Department of Agriculture has said, so the agency is allowing growers to once again get their products tested by unregistered labs.
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November 18, 2024
FCA Says Court Shouldn't Reverse Utah Class Cert. Denial
FCA US LLC is pushing back against a Utah driver's bid for reconsideration of a Michigan federal judge's denial of class certification in litigation alleging that the automaker sold vehicles with a defective electronic gearshift, saying he can't make new arguments on reconsideration that he didn't make in prior briefs.
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November 18, 2024
Pa. AG-Elect Likely To Target AI, Robocalls And Opioids
Pennsylvania Attorney General-elect Dave Sunday is likely to focus on cracking down on artificial-intelligence-related scams that prey on vulnerable populations, unwanted robocalls, and opioid makers, while being less inclined to hammer down on energy and fossil fuel companies, experts said.
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November 18, 2024
Justices Pass On Coverage Row Over Wood Treatment Injury
The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.
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November 15, 2024
Evian Wins Ax Of False Ad Suit As NY Judge Reverses Self
A New York federal judge tossed, for now, a putative class action alleging Danone Waters of America deceptively labeled its Evian water bottles as "carbon-neutral," reversing his earlier decision that the representation could be misleading and ruling Thursday that Danone's website provided further explanation of what the term meant.
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November 15, 2024
Court Urged To Find OnlyFans Promoted Alleged Rape Video
A Florida woman whose alleged rape video was posted to OnlyFans asked a federal court on Friday to reject a report recommending dismissal of her lawsuit because the company can't be held liable under the Communications Decency Act, saying she never approved the video's upload.
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November 15, 2024
Social Media Cos. Must Face Schools' Public Nuisance Claims
Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.
Expert Analysis
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.