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Product Liability
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
SCOTUSblog Publisher Can't Shield Home From Forfeiture
SCOTUSblog publisher Tom Goldstein won't be able to shield his Washington, D.C., residence from forfeiture by substituting various properties in South Carolina as he battles charges that he dodged taxes and used his law firm's money to pay off gambling debts.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
BI Ignored 'Red Flag After Red Flag' On Zantac, Jury Hears
Counsel for two men retrying their cancer case against Boehringer Ingelheim told an Illinois state court jury Wednesday that the drugmaker stuck its head in the sand and ignored warning signs that taking its over-the-counter Zantac could lead to cancer development.
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January 29, 2025
Ferrari Exits Fla. Driver's Brake Defect Suit Due To Jurisdiction
A race car driver who suffered life-altering injuries when the Ferrari 458 Challenge he was driving crashed into a concrete wall can't sue Ferrari in state court, a Florida state appeals court panel ruled Wednesday, saying the courts do not have jurisdiction over the Italian automaker.
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
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January 29, 2025
CPSC Wants Baby Sleep Co.'s Weighted Blanket Suit Tossed
The Consumer Product Safety Commission urged a D.C. federal court to toss a suit brought by Dreamland Baby Co., saying it and one of its commissioners acted within their authorities when warning the public against using weighted blankets for infants, like the ones the company makes.
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January 29, 2025
Tom Goldstein Seeks To Shield DC Home In Tax Crimes Case
Appellate lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Wednesday if he could put up three South Carolina properties as collateral for his pretrial release in place of his Washington, D.C., home as he faces charges of tax evasion and mortgage fraud.
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January 29, 2025
EPA Can't Invoke Immunity In Flint Water Crisis Suit
The U.S. Environmental Protection Agency is not entitled to a government immunity defense in a lawsuit filed by Flint, Michigan, residents who claim it failed to take proper action during a lead-tainted drinking water crisis, a federal judge has said.
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January 29, 2025
SCOTUSBlog Publisher Faces Tough Odds In Tax Crimes Case
SCOTUSblog publisher Tom Goldstein, an expert U.S. Supreme Court lawyer accused of paying gambling debts with funds from his law firm and dodging taxes, faces an uphill battle given the considerable amount of evidence the government has already included in an indictment against him, attorneys told Law360.
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January 29, 2025
Chinese Co. Execs Convicted Over Fentanyl Chemical Imports
Two former executives of a Chinese chemical company were convicted Wednesday of charges related to a purported scheme to import fentanyl precursor chemicals in order to manufacture large quantities of the drug, as well as laundering funds.
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
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January 29, 2025
Ga. Judge Cuts Atty Fees In Home Depot Class Settlement
A Georgia federal judge has granted final approval to a settlement between Home Depot Corp., Reliance Worldwide Corp. and a class suing over allegedly faulty water heater connector hoses but awarded class counsel $1.9 million in fees instead of the $2.1 million initially requested.
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January 29, 2025
RFK Jr. Disputes Anti-Vax Label In HHS Confirmation Hearing
Robert F. Kennedy Jr. attempted Wednesday morning to convince Republican and Democratic lawmakers that he is not anti-vaccine, despite many of his past comments to the contrary, as he hopes to convince them to confirm his appointment as head of the U.S. Department of Health and Human Services.
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January 28, 2025
Trump Tells Federal Workers They're Welcome To Resign
The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."
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January 28, 2025
Norfolk Southern Cuts $22M Derailment Deal With Ohio Village
Norfolk Southern Corp. has reached a $22 million settlement with East Palestine, Ohio, to resolve claims over the 2023 train derailment and chemical spill near the Ohio-Pennsylvania border, according to a joint statement published on the village's website Monday.
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January 28, 2025
Sig Sauer's Strategy To DQ Experts Gets Knocked Out At 6th Circ.
Gunmaker Sig Sauer Inc.'s legal strategy to disqualify experts who testified its P320 pistol was defectively designed suffered a blow when the Sixth Circuit ruled, in a split decision, that the witnesses could opine on if the arms manufacture should have utilized a safer build, forecasting potential outcomes in similar appeals before the Third and Tenth circuits.
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January 28, 2025
9th Circ. Backs Class Attys' $8M In Fees In Joint Juice Suit
The Ninth Circuit on Tuesday upheld an $8 million fee award to plaintiffs who prevailed in a false advertising suit against food company Premier Nutrition Corp. over its Joint Juice supplement, finding the lower court didn't abuse its discretion in awarding fees for work plaintiffs' attorneys performed while a related case was pending.
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January 28, 2025
Gunmaker Must Face AIG Units' Breach Counterclaims
Firearms-maker Colt's Manufacturing Co. LLC can not dodge claims that it breached a contract by failing to pay the first $250,000 in annual legal expenses it incurred while defending against litigation brought by the city of Gary, Indiana, a Connecticut federal court ruled.
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January 28, 2025
Energy Co. Seeks Abeyance In Dakota Access Pipeline Row
The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.
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January 28, 2025
Pot Co. Faces New THC Potency Class Action In Illinois
A pair of Illinois men on Tuesday filed a new class action alleging a family of cannabis companies is selling products that exceed the state's limits on THC, joining a number of similar suits filed in the same district by the same attorneys.
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January 28, 2025
Amid Big Bets, Tom Goldstein Argued 'Poker Is Not Gambling'
A federal indictment's jarring portrayal of pioneering U.S. Supreme Court advocate Tom Goldstein as an "ultrahigh-stakes" gambler who dodged taxes has left the legal community virtually speechless. But Goldstein's status as a serious poker player was not a secret, and in past court cases, he proclaimed the card game "fundamentally dissimilar" from conventional gambling, even while preparing to wager millions on matches.
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January 28, 2025
Chinese Pair Sought To Fuel Fentanyl 'Grand Lab,' Feds Say
Prosecutors told a Manhattan federal jury Tuesday that two Chinese nationals sought to furnish chemicals for what they thought would be a huge fentanyl hub in New York City, pointing to what they called damning evidence such as recordings, texts and cryptocurrency transfers.
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January 28, 2025
NJ Targets MTA's Changes In Revised Congestion-Pricing Suit
New Jersey Gov. Phil Murphy plans to target New York City's public transit agency and the altered toll amounts in the state's renewed legal challenge to congestion pricing, according to a proposed amended complaint.
Expert Analysis
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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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.