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Product Liability
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February 10, 2025
Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M
An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.
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February 10, 2025
Dallas Loses Bid To Reinstate Short-Term Rental Ban
A Texas appeals court has ruled that two Dallas ordinances criticized for effectively banning short-term rentals don't gel with property rights enshrined in the state's constitution, siding with landlords who do business on Airbnb and Vrbo.
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February 10, 2025
PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court
Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.
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February 10, 2025
Insurer Says No Coverage Owed For Toxic Hair Product Suit
The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.
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February 10, 2025
Gun Owners Look To Revive Suit Over DC Metro Gun Law
A group of D.C. and Virginia gun owners are asking the D.C. Circuit to revive their suit challenging a ban on guns in the region's Metro system, saying that the district judge who dismissed the case required that they get caught carrying on board to have standing.
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February 10, 2025
Fighting Cancer Has Impaired Life, Zantac Plaintiff Testifies
One of the men retrying his Zantac cancer claims in Illinois testified Monday that fighting his illness has meant navigating negative side effects and missing the full family life he previously enjoyed.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
Kratom Co. Says False Ad Addiction Suit Falls Short
The company behind Kryptic Kratom and K-Chill branded supplements is urging a California federal court to throw out a suit alleging it concealed kratom's addictive qualities from consumers, saying the complaint fails to shore up its claims with factual allegations.
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February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables
A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
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February 07, 2025
Injury Attys In Hot Water Over Possible AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group on Friday withdrew pretrial motions in a personal injury lawsuit against Walmart over an allegedly defective hoverboard after a Wyoming federal court ordered the firms to explain why the filings contained what appears to be case law hallucinated by generative artificial intelligence.
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February 07, 2025
70 Depo-Provera Suits Joined In Florida's Northern District
The U.S. Judicial Panel on Multidistrict Litigation on Friday consolidated more than 70 consumer lawsuits claiming that Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera in the Northern District of Florida.
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February 07, 2025
John Deere Tractor Rivals Seek Info Safeguards In FTC Case
A trio of tractor manufacturers asked an Illinois federal judge Friday to impose stringent safeguards for sensitive business information they turned over to the Federal Trade Commission in the run-up to its right-to-repair lawsuit against their "primary competitor," John Deere.
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February 07, 2025
5th Circ. Upholds High School's Win In Gym Fire Suit
The Fifth Circuit on Thursday upheld a Louisiana high school's win in its suit claiming that a flooring company caused a gym fire, holding that the high school has a right of action for property damage to the gymnasium.
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February 07, 2025
For These Victims, Death Came Before Bankruptcy Resolution
Thousands of people have died with no compensation in recent years as big institutions shield themselves in bankruptcy court from claims related to opioids, fraud, asbestos and sexual abuse, plaintiffs' lawyers say. Critics say it's an inherent part of a bankruptcy court system that helps insiders and hurts creditors.
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February 07, 2025
Laughing Gas Makers, Vape Shops Hit With Class Suit
Several manufacturers of nitrous oxide, or "laughing gas," and seven Orlando-area smoke shops were hit with a proposed class suit on Thursday claiming their manufacturing, marketing and sales practices have contributed to a public health crisis and the death of a Florida woman.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 06, 2025
Tom's 'Natural' Kids Toothpaste Has Lead, Arsenic, Dad Says
Tom's of Maine and its parent company Colgate-Palmolive have "egregiously" failed to disclose that its "Silly Strawberry" children's toothpaste has dangerous levels of lead and arsenic, a New York dad alleged in a proposed false advertising class action filed Thursday in New York federal court.
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February 06, 2025
Buyers Want Kratom Cos. Addiction Suit To Go On
Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.
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February 06, 2025
Air Traffic Control System Upgrade In Spotlight After DC Crash
In the week since a midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River left 67 people dead, the Trump administration signaled Thursday that it's looking to expedite overhauling the nation's air traffic control system.
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February 06, 2025
CooperSurgical Hit With IVF Embryo Loss Class Claims
A proposed class has sued CooperSurgical Inc. over embryos lost to its defective culture medium for in vitro fertilization, in the latest complaint in a series of individual lawsuits brought against the company after its 2023 recall of the product.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
'Novel' Kia, Hyundai Theft Liability Theory Faces 6th Circ. Test
A Sixth Circuit panel wrestled Thursday with whether to endorse a theory that automakers Kia and Hyundai could be liable for victims' injuries from crashes involving vehicles stolen during a TikTok-spurred wave of car thefts.
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February 06, 2025
GSK's Zantac Woes Gave Investors Heartburn, Suit Says
The maker of heartburn and acid reflux relief tablet Zantac has been hit with a shareholder suit in Pennsylvania federal court alleging that the company suffered stock price losses after it was revealed that for nearly 40 years the company knew that Zantac contained high levels of a cancer-causing compound.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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EPA's New Lead Pipe Rule Leaves Key Questions Unanswered
The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.