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Product Liability
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July 10, 2024
Roundup Cancer Case Revived By Oregon Appellate Panel
An Oregon appellate panel on Wednesday revived a lawsuit claiming Bayer AG subsidiary Monsanto's weedkiller Roundup caused an Oregon man's cancer, saying the judge who oversaw the trial that cleared the company wrongly excluded testimony from an expert for the plaintiff.
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July 10, 2024
Rite Aid, DOJ Craft $410M Settlement Of Opioid Sale Claims
Rite Aid agreed to a nearly $410 million settlement with the U.S. Department of Justice, the bulk of which will be an unsecured claim in the company's Chapter 11 case, that will put to bed allegations the pharmacy chain dispensed opioids illegally, the DOJ announced Wednesday.
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July 10, 2024
Fla. Judge Will Issue Sanctions For Delay In Tesla Crash Suit
A Florida state judge said Wednesday he will issue sanctions over a failure by a biomechanics expert to timely produce data requested by Tesla in a suit over a Model S crash that killed two teenagers.
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July 10, 2024
Judge Chides Troopers' No-Show Atty At Sanctions Hearing
A Washington federal judge slapped a group of state troopers with sanctions Wednesday for defying a discovery order in their case against Ford Motor Co., while also calling out their attorney who failed to show up for the hearing despite the court's repeated prodding.
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July 10, 2024
Mont. High Court Weighs Youths' Right To Sue In Climate Case
The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.
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July 10, 2024
Wash. Justices To Review Worker's Asbestos Exposure Row
Washington's highest court agreed to review whether the deliberate intention exception in the state's Industrial Insurance Act prevented a worker from asserting personal injuries against his former employer's successor over a claim that his mesothelioma was caused by employment-related asbestos exposure.
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July 10, 2024
Peloton Investors Get Final OK For $14M Settlement
A New York magistrate judge has given the final approval to a $14 million settlement between Peloton and investors over claims that the home exercise equipment maker failed to properly disclose issues with its treadmills after a 6-year-old was killed by one.
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July 10, 2024
Snapchat Cites Federal Immunity In Conn. Sex Assault Case
Leaning heavily on Section 230 of the Communications Decency Act, Snap Inc. said Wednesday in Connecticut state court that a retooled complaint accusing it of being a co-creator or co-publisher of Bitmojis that made sexual predators look younger and less dangerous to children must fail because individual users remain in control of content published online.
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July 10, 2024
Insurer Must Face Claims In Penile Implant Coverage Suit
An insurer can't escape a suit brought by a urologist and his practice seeking coverage for a proposed class action over a penile enlargement implant and procedure, a California federal court ruled Wednesday, saying it's too early to conclude that the underlying action doesn't assert potentially covered claims.
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July 10, 2024
Uber Must Turn Over Data, Reports In Sex Assault MDL
A California federal judge has ordered Uber Technologies Inc. to turn over data it collected underpinning safety reports in multidistrict litigation over sexual assault of passengers, but said the ride-hailing company need not turn over information on safety incidents that did not involve sexual misconduct or assault.
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July 10, 2024
NC Utility's PFAS Suit Survives Dismissal Bid
A water utility suing the Chemours Co., Corteva Inc. and E. I. du Pont de Nemours and Co. Inc. over forever chemical contamination stemming from the Fayetteville Works plant in eastern North Carolina saw a number of claims survive their bid to have its suit thrown out.
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July 10, 2024
Ex-FDA Regulator Joins Chicago Boutique Amin Wasserman
A former high-level attorney within the U.S. Food and Drug Administration is joining Chicago-based boutique Amin Wasserman Gurnani LLP, which specializes in representing food and dietary supplement companies.
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July 10, 2024
2 Roundup MDL Cases Axed After Plaintiffs Fail To Act
A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.
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July 10, 2024
Wash. Condo Assoc. Wants Allstate To Cover $9.7M In Repairs
A Washington condominium association is suing Allstate Insurance Co. in federal court, saying it broke their coverage agreement by refusing to cover $9.7 million in repairs for "hidden damage" to the buildings' exteriors.
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July 09, 2024
Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested
A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.
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July 09, 2024
Ford Must Face Class Claims Over Oil Pump Defect
Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Cannabis Co. Stiiizy Should Face Delta-8 Suit, Court Told
A California purveyor of delta-8-infused vapes shouldn't be allowed to escape consumer claims that its products contain levels of THC above the legal limits, the plaintiffs behind a proposed class action have argued, saying the company has attempted to do too much business in Illinois to evade personal jurisdiction.
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July 09, 2024
Purdue Plans 'High-Speed' Bid For New Ch. 11 Plan
Purdue Pharma told a New York bankruptcy judge Tuesday that it plans a two-month "high-speed, high-stakes" attempt to replace the Chapter 11 plan shot down by the U.S. Supreme Court last month before unleashing litigation on its former owning family.
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July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced
Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
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July 09, 2024
Bigelow's 'Manufactured In USA' Label Not Judge's Cup Of Tea
A California federal judge held Monday that Bigelow's labels on tea products stating "Manufactured in the USA" are literally false, handing a partial victory to a certified class of tea buyers, leaving only the issues of damages and Bigelow's state of mind when making the statement to a jury.
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July 09, 2024
DC Circ. Sends EPA Chemical Test Order Back For Review
The D.C. Circuit scrapped a U.S. Environmental Protection Agency order directing seven chemical manufacturers and processors to test the effects of 1,1,2-trichloroethane on the reproductive systems of birds, holding that it improperly relied on nonpublic information to justify the need for the testing.
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July 09, 2024
Boeing, DOJ Say 737 Max Families Can't Rush Monitor Pick
Boeing has told a Texas federal judge that 737 Max crash victims' families cannot rush the appointment of an independent monitor to oversee the company's safety and compliance efforts, saying its new tentative plea agreement with the U.S. Department of Justice adequately addresses the monitorship issue.
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July 09, 2024
North Carolina PFAS Plaintiffs Want Cost Study To Stay Public
A class of North Carolina residents who allege Chemours Co. and DuPont discharged wastewater containing so-called forever chemicals into the Cape Fear River is urging a federal judge not to strike and seal their expert's damages report, saying it contains no confidential information that needs to be protected.
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July 09, 2024
Baby Bottle Makers Sued Over Claims Products Are 'BPA Free'
Philips North America and baby product maker Mayborn USA sell baby bottles that contain "considerable amounts of harmful microplastics" despite being advertised as free of the potentially harmful plastic chemical BPA, according to a pair of suits filed in Massachusetts and Connecticut federal courts.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Landmark Product Safety Prosecution May Signal Sea Change
U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal
In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.