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Product Liability
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August 09, 2024
Tesla Sued Over Gigafactory Worker's Electrocution Death
The widow of an electrician who was fatally electrocuted this month while working at Tesla's Gigafactory in Austin, Texas, has filed a wrongful death suit in Texas state court, claiming the company negligently allowed a dangerous condition to exist at the automaker's global headquarters.
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August 09, 2024
FDA Rejects Latest Effort To Treat PTSD With MDMA
The U.S. Food and Drug Administration has rejected a new drug application to treat post-traumatic stress disorder with the psychedelic drug MDMA, an entactogen also known as ecstasy or molly, the company that backed the effort announced Friday.
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August 09, 2024
Boeing, Ethiopian Airlines Families Float April Trial Lineup
Boeing and Ethiopian Airlines Flight 302 crash victims' families told an Illinois federal judge Friday that they're prepping the next six cases for an April trial, but disagreed over whether a Canadian resident who lost five family members in the crash should be slotted in for a standalone trial in March.
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August 09, 2024
Meta Urges Justices To Ax Investors' Risk Disclosure Suit
Meta Platforms Inc. filed its opening brief Friday urging the U.S. Supreme Court to reverse a Ninth Circuit decision that kept alive a class action stemming from the Cambridge Analytica data abuse scandal, arguing that decision would create unnecessary disclosure obligations and encourage "fraud by hindsight" lawsuits.
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August 09, 2024
Retailer Can't Pass Buck To Pool Maker In Child Drowning Suit
A Missouri federal judge trimmed the bulk of a couple's claims against the retailer that sold the pool in which their two-year-old daughter drowned, but ruled that the retailer couldn't escape strict liability claims under the state's "innocent seller" statute.
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August 09, 2024
Full 2nd Circ. Axes Producer's Bid To Revive Blacklisting Suit
The Second Circuit won't take a second whack at its ruling that a stage workers union can't be held liable under antitrust laws for discouraging members from working with a Broadway producer following complaints about unpaid wages.
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August 09, 2024
Rising Star: Seeger Weiss' Caleb Seeley
Caleb Seeley of Seeger Weiss LLP has advocated for plaintiffs facing the often life-altering effects of lapses in products used by millions of consumers, including in what is thought to be the largest mass tort in American history, earning him a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 08, 2024
Ga. Mom Cuts Game Maker From Video Game Addiction Suit
A Georgia mother suing various gaming companies alleging that they caused her teenager's mental disorders with their addictive designs and in-game purchases now seeks to drop claims she made against the maker of Fortnite.
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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.
Expert Analysis
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.