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Product Liability
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January 17, 2025
Venable Hires K&L Gates Product Liability Pro In NYC
Venable LLP has announced the firm hired a new partner in New York City for its product liability and mass torts group from K&L Gates.
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January 16, 2025
No 'Half Measures' On Tort Reform In 2025, Ga. Gov Pledges
Georgia Gov. Brian Kemp threw down the gauntlet in his annual State of the State address Thursday and promised to deliver on tort reform, for decades an intractable issue in Peach State politics.
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January 16, 2025
3M Hit With PFAS Suit Over Wash. Resident's Cancer Diagnosis
A woman who lives near the Spokane International Airport filed suit Thursday against 3M, DuPont and various other companies over alleged "forever chemical" contamination of her drinking water, claiming her adult son has developed cancer after decades of exposure.
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January 16, 2025
Mining Co. Can Intervene In Nevada Lithium Project Suit
A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.
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January 16, 2025
Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try
A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Boiler Co. Blamed For Carbon Monoxide Deaths In $18M Suit
The home-heating boiler in a Massachusetts home where three people died of carbon monoxide poisoning last year lacked a sensor or switch that would have shut it down after water from condensation blocked an improperly installed vent pipe, a lawsuit filed in state court Wednesday alleges.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Chamber Slams Opioid Judge's PBM Audit Privilege Ruling
The Sixth Circuit must step in to prevent a pharmacy benefit manager from being forced to turn over internal compliance audit documents, the U.S. Chamber of Commerce has said, arguing a lower court's decision threatens to undermine the existence of in-house counsel's attorney-client privilege.
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January 15, 2025
Toyota Asks NC Court To Undo 'Impossible' Discovery Orders
Toyota and Subaru urged the North Carolina Supreme Court to review an appeals court's decision that left in place a slew of "impossible" discovery obligations, saying they are "unjustly" being held responsible for violations they did not commit and face "a likelihood of crushing" sanctions.
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January 15, 2025
Hino Motors Inks $1.6B Deal To End Emissions Fraud Claims
Toyota unit Hino Motors Ltd. will pay approximately $1.6 billion in criminal and civil penalties to close out claims it illegally manipulated emissions and fuel-economy test results for more than 100,000 diesel vehicles sold in the U.S., the Justice Department announced Wednesday.
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January 15, 2025
Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim
A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.
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January 15, 2025
Energy Giants Escape NYC's Climate Deception Suit
A New York state judge has dismissed the Big Apple's suit accusing Exxon, BP and Shell of deceiving the public about the climate change effects of their operations, saying the city has failed to allege its consumer protection laws were violated.
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January 15, 2025
3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal
3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
Feds Float Safety Rule For Growing CO2 Pipeline Network
Gas- and liquid-phase carbon dioxide pipelines would be subject to new safety standards including improved emergency response and public communications practices under a rule proposed Wednesday by the federal government.
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January 15, 2025
Delta Passengers Press To Keep IT Outage Suit Alive
A group of Delta customers suing the airline over its response to last year's global tech outage that grounded thousands of flights urged a Georgia federal judge Tuesday to keep their claims alive, arguing federal law doesn't permit the company's "shirking contractual obligations to which it had previously agreed."
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January 15, 2025
Chinese Execs Sent Fentanyl Precursor To NY, Jury Told
A novel fentanyl-trafficking case went to trial in New York federal court on Wednesday, with prosecutors arguing that two Chinese chemical executives inked a multimillion-dollar deal to export the raw materials for the drug to a Manhattan lab in 2023.
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January 15, 2025
FDA Bans Red Dye No. 3, Citing Cancer Link In Animal Studies
The U.S. Food and Drug Administration on Wednesday said that it is banning the use of a red dye, Red No. 3, which gives food and drinks a bright red color but has also been linked to cancer in animals.
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January 15, 2025
Mass. Justices Bolster Local Enforcement Of Tobacco Laws
Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.
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January 15, 2025
FTC Brings Right-To-Repair Suit Against John Deere
The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.
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January 15, 2025
Justices Say Nixing Federal Claims Ends Federal Jurisdiction
The U.S. Supreme Court on Wednesday said a proposed class action over alleged mislabeling of prescription dog food was appropriately sent back to state court, holding that once the plaintiff dropped her federal claims, the federal courts no longer had jurisdiction.
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January 14, 2025
Wash. Co. Says Titan Sub Implosion Claims Should Be Tossed
A Washington state-based company that allegedly helped construct the Titan submersible that imploded en route to the Titanic wreck in 2023 has said certain maritime claims lodged by the family of one of the victims are invalid because he wasn't an employee of the company.
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January 14, 2025
ACT Mouthwash Label Poses Risk For Kids, Parents Claim
Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.
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January 14, 2025
Wash. Justice Asks If Gun Law Impedes Self-Defense Right
A Washington state justice asked Tuesday if a state law banning the sale of large-capacity magazines for firearms can survive recent U.S. Supreme Court rulings expanding gun rights, noting that millions of people own the ammunition devices for self-defense.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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A Plaintiffs-Side Approach To Cochlear Implant Cases
As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.