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Product Liability
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August 08, 2024
Camp Lejeune Toxic Water Judge Flags Pretrial 'Difficulties'
A federal judge presiding over injury suits stemming from contaminated water at Camp Lejeune urged the federal government and plaintiffs' lawyers Thursday to resolve "ongoing difficulties" such as fact disputes ahead of bench trials, calling the parties' stipulations since the last status conference "less than robust."
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August 08, 2024
Ford Hid High Warranty Costs From Investors, Suit Says
A Ford Motor Co. investor launched a putative securities fraud class action Thursday alleging the automaker hid quality issues dating back to 2022, only disclosing the higher-than-expected warranty costs in its recently released second quarter 2024 financial results.
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August 08, 2024
9th Circ. Revives Negligence Claims In Uber Sex Assault Suit
The Ninth Circuit on Thursday revived a woman's negligence claim against Uber Technologies Inc. over her sexual assault by a suspended driver, saying the company had a duty of care because it contributed to the situation that led to her being assaulted.
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August 08, 2024
J&J Settles Suit Alleging Sunscreen With Benzene Killed Boy
Johnson & Johnson has reached an agreement to end a personal injury suit by a father who claimed his 14-year-old son died from leukemia after prolonged exposure to its benzene-tainted sunscreen products, according to a settlement notice filed in North Carolina federal court Thursday.
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August 08, 2024
Delta's Boies Attys Slam CrowdStrike's 'Blame The Victim' Ploy
Delta Air Lines' attorneys at Boies Schiller Flexner LLP on Thursday blasted CrowdStrike's "blame the victim" defense over last month's catastrophic global IT outage, and pledged to haul both the cybersecurity firm and Microsoft to court to recoup what Delta estimates to be over $500 million in revenue losses.
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August 08, 2024
NHTSA Seeks Info On Tesla Cybertruck Crash
The National Highway Traffic Safety Administration says it's seeking information on a crash that involved a fatality with a Tesla Cybertruck that happened earlier this week in Texas.
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August 07, 2024
10th Circ. Won't Undo Atty Fees In $1.5B Syngenta Corn Deal
The Tenth Circuit on Wednesday backed a Kansas federal judge's allocations of attorney fees to three law firms representing individual claimants in multidistrict litigation over Syngenta's genetically modified corn that was resolved by a $1.5 billion class settlement, finding that the firms' arguments strayed from the issue at hand.
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August 07, 2024
Abbott Brass Trim But Can't Nix Investors' Formula Recall Suit
A Chicago federal judge on Wednesday substantially trimmed a derivative suit accusing Abbott Laboratories leaders of concealing known safety issues related to recalled infant formula but rejected the defendants' argument that tossing the suit in its entirety was in shareholders' "best interest."
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August 07, 2024
Monsanto, PCB Plaintiffs Want It Both Ways, Judge Says
A Washington state court judge expressed frustration on Wednesday with counsel for both sides of a toxic tort against Monsanto, remarking during a summary judgment hearing that the parties can't "pick and choose" which parts of a recent appellate ruling apply to their case.
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
OnlyFans Claims Immunity In Suit Over Alleged Rape Video
The London-based parent company of OnlyFans urged a Florida federal court to toss a lawsuit brought by a woman alleging the internet content provider profited off a video that she says shows her being raped, saying the Communications Decency Act precludes liability for material uploaded by third parties.
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August 07, 2024
Teva Finds Some Big-Pharma Friends In Inhaler Patent Fight
Two large pharmaceutical companies have weighed in to ask the Federal Circuit to overturn a ruling that found that Teva's branded drugmaking operation misused a key federal patent database in order to block the release of competing generic asthma inhalers.
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August 07, 2024
Titan Victim's Family Sues For $50M Over Sub's Design Flaws
The family of a French explorer who was killed when the Titan submersible imploded during an expedition to the wreck of the Titanic is seeking $50 million from the sub's operator over claims it purposely concealed the vessel's flaws, according to a wrongful death lawsuit lodged in Washington state court.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
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August 07, 2024
Gun Cos. Exit Mexico's Suit As Judge Cites 'Thin' Mass. Ties
A Massachusetts federal judge on Wednesday dismissed six U.S. gun companies from a suit over Mexican cartel violence after finding the alleged conduct has virtually no ties to the Bay State.
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August 07, 2024
Delta Faces Class Action For 'Disastrous' IT Outage Response
Four customers hit Delta Air Lines Inc. with a proposed class action, claiming its "disastrous" response to a massive IT outage last month left them and thousands of others stranded and forced to pay for other flights, accommodations, rental cars and meals, with the airline refusing or ignoring refund requests.
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August 07, 2024
'The Eggs Are Fresh From A Farm': Kroger Fries False Ad Suit
Kroger defeated a proposed class action accusing it of misleading customers into thinking its "farm fresh eggs" came from free-roaming hens on grassy fields, despite coming from caged hens, after an Illinois federal judge said Wednesday the term "means precisely what it says: the eggs are fresh from a farm."
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August 07, 2024
7th Circ. Keeps 3M PFAS Pollution Suit In State Court
The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.
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August 07, 2024
Law Firms Fight J&J Bid To Revive Talc Subpoenas
The Beasley Allen Law Firm, the steering committee of talc plaintiffs suing Johnson & Johnson, and a third-party law firm urged the New Jersey federal court this week to reject a bid from the pharmaceutical company to reinstate subpoenas seeking evidence of alleged third-party litigation funding.
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August 07, 2024
NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional
The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.
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August 07, 2024
Pool Co. Can't Get Atty Fees After Losing False Ads Trial
A pool parts supplier on the hook for a $16 million false advertising and unfair business practices judgment isn't entitled to attorney fees in the case, a North Carolina federal judge has ruled, finding there's "no question" the winning party is its opponent given the eight-figure damages award.
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August 07, 2024
Gordon Rees Adds Insurance Partner In Orange County Office
Gordon Rees Scully Mansukhani LLP is boosting its insurance team, announcing Wednesday it is bringing on an insurance and liability expert as a partner in its Orange County office in Irvine, California.
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August 07, 2024
BP Malpractice Deal Needs Work, 5th Circ. Says
The Fifth Circuit scrapped a legal malpractice settlement in a consolidated lawsuit alleging attorneys were negligent in representing plaintiffs seeking compensation following the BP Deepwater Horizon oil spill, with a panel finding the terms were not mutually agreed upon.
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August 07, 2024
Jury Deadlocks In Third Illinois Zantac Cancer Trial
An Illinois state judge declared a mistrial Wednesday in a man's lawsuit claiming Boehringer Ingelheim's over-the-counter Zantac caused him to develop prostate cancer, after a jury signaled it could not reach a unanimous verdict.
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August 06, 2024
9th Circ. Remands $12.8M Award In 'Joint Juice' False Ad Suit
The Ninth Circuit on Tuesday affirmed a California federal jury's finding that the maker of Joint Juice misled customers about the drink's health benefits, but it held in a published opinion that $8.3 million in statutory damages had to be recalculated to determine whether the award violated the maker's due process rights.
Expert Analysis
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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.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.