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Product Liability
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October 25, 2024
FDA Says Tattoo Ink Makers Should Keep It Clean
After receiving reports of tainted ink causing people to fall ill after getting tattoos, the U.S. Food and Drug Administration is telling pigment makers and distributors they "should" update their cleaning processes.
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October 24, 2024
Meta, TikTok Can't Ditch Schools' Social Media Addiction Suit
Meta Platforms and other social media giants must face most of the claims brought by school districts and local government entities alleging the companies designed their platforms to addict children, a California federal judge ruled Thursday.
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October 24, 2024
Bell Says Vendor Shouldn't Get $127M In Trade Secret Suit
Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.
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October 24, 2024
4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court
The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.
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October 24, 2024
Mich. AG Claims Express Scripts, Optum Fueled Opioid Crisis
The state of Michigan has taken aim at Express Scripts and OptumRx for their role in the opioid crisis in a complaint filed in state court Thursday, the latest state to claim the companies for years boosted sales of opioids by giving them favorable placement on drug lists in exchange for rebates.
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October 24, 2024
2nd Circ. Largely OKs Gun Control Law After High Court Order
The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.
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October 24, 2024
Walmart Sued Over Deceptively Marketed Avocado Oil
A Florida woman filed a proposed class action accusing Walmart Inc. of falsely advertising its avocado oil, deceiving consumers into thinking it was pure when it was actually cut with cheaper oils.
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October 24, 2024
McDonald's Customers File First Suits Over E. Coli Outbreak
A Colorado man and Nebraska woman have lodged the first lawsuits against McDonald's Corp. in the wake of the E. coli outbreak tied to its Quarter Pounder hamburgers, according to a pair of complaints filed in Illinois state court on Wednesday and Thursday.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Berkshire Hathaway Unit's RV Recall Doesn't End Defect Suit
A Montana federal judge won't let a Berkshire Hathaway unit escape a suit alleging that its RVs had a dangerous wiring defect by pointing to a 2024 recall, saying the recall doesn't offer a complete remedy for the plaintiff's claims.
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October 24, 2024
Bayer Hit With False-Ad Suit Over Malic Acid In Vitamins
Bayer is falsely advertising its Flintstones sour gummy vitamins as being free of artificial flavors, a California woman alleged in a proposed class action filed Wednesday in state court, saying the multivitamin supplement meant for children actually gets its sour flavor from synthetic malic acid.
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October 24, 2024
Texas Says ATF 'Flouts' Its Function With Loophole Rule
A Texas-led group of states has asked an Amarillo federal judge for a pretrial win in its lawsuit challenging a Biden administration rule that would close what's known as the "gun show loophole," writing that the Bureau of Alcohol, Tobacco, Firearms and Explosives "flout[ed] its limited function" by attempting to rewrite federal gun laws.
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October 24, 2024
Fenway Food Safety Czar Fired For Flagging Rats, Suit Says
A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.
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October 24, 2024
TikTok Won't Get 3rd Circ. Rehearing Of Section 230 Ruling
The Third Circuit on Wednesday turned down TikTok's request for an en banc rehearing of a panel decision that the social media company's "For You Page" algorithm isn't entitled to immunity under Section 230 of the Communications Decency Act in a case over a 10-year-old's death.
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October 24, 2024
Lewis Brisbois Adds Partner To General Liability Practice
Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.
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October 24, 2024
EPA Finalizes New Standards For Lead Paint Dust
The U.S. Environmental Protection Agency on Thursday said it's finalizing standards to better protect people from lead paint dust exposure, reducing the level considered hazardous and the levels that can remain after abatement work.
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October 23, 2024
Boeing Machinists Reject Labor Deal, Prolonging Strike
A majority of roughly 33,000 Boeing employees represented by the International Association of Machinists voted Wednesday to reject a new labor contract that included a 35% wage increase over four years, prolonging a nearly six-week strike that has hampered Boeing's production and cash flow.
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October 23, 2024
Pa. County Defends Climate Change Suit Against BP, Chevron
BP, Chevron, Exxon Mobil and other major oil companies can't argue that a federal environmental statute sinks a climate change lawsuit because the claims fall outside of the law's purview, a Pennsylvania county told a state court.
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October 23, 2024
Ingersoll-Rand Sued Over Pa. Worker's Leg Amputation
A man whose left leg was crushed when an industrial drill ran over it is suing the manufacturer in Pennsylvania federal court, claiming the company designed the drill defectively by excluding a number of safety features.
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October 23, 2024
Stop & Shop Parent Co. Sued Over Orange Soda Ingredient
The parent company of grocery stores Stop & Shop, Food Lion, Hannaford and others was hit with a proposed class action Tuesday in North Carolina federal court alleging that the company's orange soda contained an oil additive that allegedly can cause neurological damage.
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October 23, 2024
Late Smoker's Spouse Can Argue Survivor's Benefits At Retrial
The husband of a deceased smoker whose $157 million win against tobacco companies was erased can claim surviving spouse damages under Florida's Wrongful Death Act on retrial even though he was not married to his partner at the time he was diagnosed with lung disease, according to an opinion released Wednesday by a Florida appeals court.
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October 23, 2024
Religion Law Can't Save Sacred Worship Site, High Court Told
A law designed to protect religious freedom can't help an Apache nonprofit's bid to save a sacred worship site in Arizona from destruction, the federal government said, arguing that the tribe is asking the U.S. Supreme Court to nullify a congressional statute crafted to allow federal third-party land transfers.
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October 23, 2024
Pool Seller Gets Claims Trimmed In Child Drowning Suit
A Missouri federal judge has thrown out the bulk of a couple's claims against pool seller Bestway (USA) Inc. over the drowning death of their daughter, dismissing negligence and warranty claims while allowing strict liability claims to go forward.
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October 23, 2024
SoClean Says Philips Can't Stand In For Damaged CPAP Users
SoClean Inc. asked a Pennsylvania federal court to toss Philips RS North America's proposed class-action claims from a multidistrict litigation, arguing that after settling with customers who had to replace their CPAP and BiPAP breathing machines, Philips was really only coming after SoClean on its own behalf.
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October 23, 2024
'Alkaline Water' Co. Hit With $5B In Punitive Damages
A Nevada jury awarded $5 billion in punitive damages Wednesday in a 15-plaintiff trial over liver damage linked to Real Water's "alkaline water," the largest verdict yet in ongoing litigation against the bankrupt company.
Expert Analysis
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.