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Product Liability
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September 12, 2024
UK Says Illicit Cigarette Crackdown Halves Tobacco Tax Gap
HM Revenue & Customs said Thursday it has slashed the tax gap on cigarettes and other tobacco products by more than half since 2005.
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September 12, 2024
Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction
The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.
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September 12, 2024
Beasley Sues Fellow Talc Firms Over Joint Venture Gone Awry
Beasley Allen is going after its law firm partner in a joint venture that has represented thousands in talcum powder litigation against Johnson & Johnson, claiming in a new federal lawsuit that the firm is partially responsible for more than $1 million in owed expenses and, driven by its own financial woes, has unilaterally been negotiating with the pharmaceutical giant to the detriment of clients.
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September 12, 2024
Mass Tort Boutique Leader On Sizing Up With Anapol Weiss
Nearly four years after leaving the corporate defense world to launch her own five-attorney plaintiffs' boutique, former Wilkinson Stekloff LLP founding partner Alexandra Walsh says she's looking forward to spending more time in the courtroom as her firm is absorbed by Philadelphia-based mass tort and personal injury firm Anapol Weiss. Here, Law360 Pulse speaks with Walsh about the decision to merge and about her move from the defense to the plaintiffs' bar.
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September 12, 2024
Greenberg Traurig Grows Health Team With Ex-NY Official
A former New York State Department of Health official has moved to the private sector with Greenberg Traurig LLP as the firm expands its healthcare and U.S. Food and Drug Administration practice.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
Utah Social Media Law Blocked Amid 1st Amendment Fight
A Utah federal judge has blocked the state from enforcing a new law requiring social media companies to verify the ages of minor users and impose restrictions on their accounts, saying the state law likely violates tech companies' First Amendment rights.
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September 11, 2024
Norfolk Southern Fires CEO, CLO Over Relationship
Norfolk Southern Corp. fired CEO Alan Shaw and chief legal officer Nabanita Nag after it found in an investigation that they'd had a consensual relationship that violated company policy, the Atlanta-based transportation giant said Wednesday evening.
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September 11, 2024
Philadelphia Jury Clears Monsanto In City's 5th Roundup Trial
A Philadelphia jury on Wednesday cleared Bayer AG unit Monsanto of liability in a man's case alleging the company sold its flagship weedkiller Roundup despite knowing about its cancer-causing properties, marking the agrochemical giant's second trial win in a spate of massive plaintiffs' verdicts in the city.
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September 11, 2024
Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit
A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.
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September 11, 2024
Top Calif. Biz Bills Sitting On Gov. Newsom's Desk
Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.
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September 11, 2024
San Diego Utility Hit With Suit Over Wood Waste Runoff
San Diego Gas & Electric is using a wood treatment mixture on its power poles and in its facilities that includes toxic chemicals that poison the environment and pose a danger to humans and animals nearby, according to a suit filed in California federal court Tuesday.
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September 11, 2024
Indivior, Reckitt Benckiser Units Freed From Suboxone MDL
An Ohio federal judge cut Indivior PLC and two Reckitt Benckiser entities loose from multidistrict litigation alleging opioid addiction treatment Suboxone caused dental decay, formalizing an agreement the parties forged in recent weeks.
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September 11, 2024
King & Spalding Adds 4 Attys To Mass Torts Practice In Texas
King & Spalding LLP continues to grow its Texas presence, announcing Wednesday that it has added four partners from Butler Snow LLP to its product liability and mass torts practice group.
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September 11, 2024
Phelps Dunbar Recruits 6 Litigators In Raleigh
Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.
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September 11, 2024
Mars Can't Claim For Contaminated Ice Cream, Supplier Says
A food supplier has denied owing confectionery giant Mars Wrigley £1.1 million ($1.4 million) after ice cream became contaminated with an allegedly hazardous pesticide, claiming it didn't need to check for the substance.
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September 11, 2024
NC Car Parts Biz Racks Up $10M In Fines For Cheat Devices
A North Carolina automotive components business will pay a $2.4 million criminal penalty on top of a $7 million civil fine for dealing devices used to skirt federal vehicle emissions controls, the U.S. Department of Justice announced.
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September 10, 2024
1st Lyondell Leak Bellwether Settles On Eve Of Trial
The first bellwether case in a multidistrict litigation created to handle claims stemming from a 2021 gas leak at a LyondellBasell facility in La Porte, Texas, reached a confidential settlement on the eve of trial, a defense attorney confirmed Tuesday.
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September 10, 2024
Ky. Breeder Not Covered For Horse's Death, Court Says
A horse breeder has no coverage for the death of a stallion that occurred after he was given an injection to increase his libido as the injection triggered an exclusion for unauthorized medications, a Kentucky federal court said Tuesday.
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September 10, 2024
Whole Foods, Hain Denied Full 5th Circ. Review In Baby Food Case
The Fifth Circuit on Monday shut down a bid from grocery store chain Whole Foods and international food company Hain Celestial Group for a rehearing of a panel's decision remanding to state court a suit alleging Hain's baby food caused the mental and physical decline of a toddler.
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
Anapol Weiss Absorbs 5-Atty Mass Tort Boutique In DC
The Philadelphia-based mass tort and personal injury firm Anapol Weiss has expanded into Washington, D.C., as it absorbs a five-attorney outfit helmed by former Wilkinson Stekloff LLP founding partner Alexandra Walsh.
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September 10, 2024
Prime Hydration Beats Most Beverage PFAS Claims, For Now
A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle
The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.
Expert Analysis
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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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.