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Product Liability
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January 28, 2025
Guns Owners Urge Justices To Throw Out NY Carry Law
Members of the Gun Owners of America Inc. have petitioned the U.S. Supreme Court to overturn a New York carry law that the Second Circuit largely upheld last year, arguing that the lower appellate court's ruling "doubled down" on erroneous conclusions already vacated the last time the justices heard the case.
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January 28, 2025
Calif. Bill Targets Oil Cos. For Climate Disaster Costs
A Democratic lawmaker in California has introduced a bill aimed at improving insurance affordability in the state by allowing insurers and victims of natural disasters to pursue action against oil and gas companies for their role in fueling the climate crisis.
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January 27, 2025
SoCal Edison To Leave Power Off Amid Eaton Fire Litigation
Southern California Edison agreed Monday that it won't re-energize the power lines leading to the site of this month's deadly Eaton Fire for three more weeks, after plaintiffs' firm Edelson PC obtained a video that appears to show electrical sparks near the utility's equipment just before the fire began.
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January 27, 2025
Gerber, Nestle Sued Over Claims Of Metal In Baby Food
A mother has filed suit against baby food manufacturers, including Gerber Products Co., Beech-Nut Nutrition Co. and Walmart Inc., claiming her child developed autism after consuming their products, which were tainted with heavy metals, and she is seeking to join the larger multidistrict litigation.
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January 27, 2025
AIG Unit Says No Coverage For McKinsey Opioid Suits, Deals
Management consulting giant McKinsey & Co. shouldn't have any coverage for more than 250 opioid lawsuits and roughly $1.3 billion it's paid in corresponding settlement payments to date, an AIG unit told a Delaware state court, arguing the underlying claimants have accused McKinsey of uninsurable "deliberate misconduct and greed."
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January 27, 2025
Walmart Hit With False Ad Suit Over Instant Mac And Cheese
Walmart Inc. was hit with a putative false advertising class action in California federal court by customers who say the retail giant falsely markets its Great Value brand of instant macaroni and cheese products as containing no artificial preservatives and flavors, despite citric acid being part of the ingredients list.
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January 27, 2025
J&J Talc Unit's $9B Ch. 11 Plan Draws Slew Of Objections
The U.S. Trustee's Office and lawyers representing talc claimants have urged a Texas bankruptcy judge to reject a Johnson & Johnson spinoff's $9 billion plan to settle thousands of cancer claims through Chapter 11, arguing the proposed reorganization must fail because the bankruptcy case was filed in bad faith.
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January 27, 2025
Multiple Cannabis Cos. Hit With THC Potency Class Actions
A single litigant has filed two proposed consumer class actions in Illinois federal court against cannabis companies, alleging that their wares exceeded lawful levels of psychoactive THC.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Tesla Too Late To DQ Judge In Crash Suit, Court Told
A woman suing Tesla Inc. over a crash that resulted in the amputation of her legs is urging a California federal court not to disqualify the judge assigned to her product liability case, saying the automaker has no excuse for waiting nearly a year and a half, until just before trial, to call for his disqualification.
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January 27, 2025
SCOTUSblog Publisher Pleads Not Guilty To Tax Crimes
U.S. Supreme Court advocate and SCOTUSblog co-founder Tom Goldstein pled not guilty in Maryland federal court on Monday to charges that he schemed to evade taxes and used funds from his boutique law firm to cover gambling debts.
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January 27, 2025
Pool Co. To Face Rival's Contempt Bid Over $16M Judgment
A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.
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January 27, 2025
Justices Turn Away Venue Row In Zantac Carcinogen Claims
The U.S. Supreme Court on Monday declined to review the Second Circuit's split decision that Connecticut state court is the right venue for consolidated claims brought against multiple pharmaceutical companies over alleged carcinogens in heartburn medication Zantac.
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January 24, 2025
Fla. Judge Splits Trial In Case Over DJ's Elevator Injuries
A Florida federal judge Friday bifurcated a trial between two insurance carriers and an elevator company that settled a Miami D.J.'s $5.5 million injury lawsuit, ruling that excess coverage claims will be tried first, with bad faith claims being tried after.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Justices To Clarify Article III Standing For Certified Classes
The U.S. Supreme Court granted LabCorp's request on Friday to clarify federal law regarding whether district courts can certify class actions when some members of the proposed class may lack a cognizable injury in fact.
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January 24, 2025
Ill. Justices OK Workers' Injury Suits Over Dormant Diseases
The Illinois Supreme Court answered the Seventh Circuit's call on Friday to clarify the state's Workers' Occupational Diseases Act in a widow's wrongful death lawsuit against Goodrich Corp., finding the statute can apply to claims for asbestos-related cancer and other diseases that manifest belatedly despite the statute's other temporal restrictions.
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January 24, 2025
IVF Patients Want CooperSurgical Embryo Loss Suits Joined
Four product liability lawsuits targeting the maker of recalled culture media for in vitro fertilization should be consolidated and sent to the Connecticut Superior Court's complex litigation docket, the parties have agreed, but defendant CooperSurgical Inc. wants them kept out of Stamford.
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January 24, 2025
Ford Fails To Block Evidence Of Other Crashes In Death Trial
A Georgia federal judge refused to block evidence of similar crashes from being presented at a trial over the deaths of a couple in a rollover wreck of their Ford Motor Co. vehicle, but he limited the number of incidents that the plaintiffs can present from the 110 that the plaintiffs proposed to 50.
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January 24, 2025
Chemical Co. Says Insurer Owed Defense For Birth Defect Suit
A chemical supplier said a Liberty Mutual unit unreasonably denied coverage for an underlying suit brought by workers at a Seattle-area Boeing facility who blame their son's birth defects on chemicals they were exposed to on the job, according to a suit removed to Washington federal court.
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January 24, 2025
FDA's Premium Cigar Regulations Overturned By DC Circ.
A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.
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January 24, 2025
Philip Morris Settles Tobacco Liability Trial After Openings
Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.
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January 23, 2025
Fitbit To Pay $12M Fine For Ionic Smartwatch Burns
Fitbit has agreed to pay a $12.25 million fine to resolve the U.S. Consumer Product Safety Commission's allegations it failed to immediately report that its Ionic smartwatches were overheating and leaving some consumers with second- and third-degree burns, the consumer safety agency announced Thursday.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Marlboro Smoker Was Target Of Deception, Jury Hears
Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.
Expert Analysis
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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.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.