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Product Liability
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June 13, 2024
Starbucks Must Share Hot-Drink Training Info In Burn Suit
Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.
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June 12, 2024
Judge Says Biden Admin Must Allow Show Loophole, For Now
A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.
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June 12, 2024
Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say
Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.
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June 12, 2024
Cabot Execs Misled Investors On Fracking Impact, Suit Says
Insiders of Cabot Oil & Gas Corp., now known as Coterra Energy Inc., were hit with a shareholder derivative suit alleging they did not disclose that Cabot was not safeguarding drinking water from the company's fracking operations, which eventually led to criminal charges and reputational and financial damages.
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June 12, 2024
Something Fishy With Conagra's '100% Whole Fish,' Suit Says
Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.
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June 12, 2024
Miss. Social Media Age Law Faces Free-Speech Challenge
Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told
A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship P320, counsel for the man told a Georgia federal jury Wednesday.
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June 12, 2024
NJ Judicial Privacy Law Hit With Constitutional Challenge
Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.
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June 12, 2024
Ex-Supreme Court Clerk, Federal Atty Joins McGuireWoods
McGuireWoods LLP announced the addition of another former federal prosecutor to its ranks on Wednesday, this time a product liability expert from Perkins Coie LLP who advises companies on various disputes and government investigations.
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June 12, 2024
EPA Urges DC Circ. To Uphold Chemical Rule Deadline
The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit to reject a Louisiana-based neoprene manufacturer's bid to immediately block the EPA from enforcing a chemical emissions rule that will directly affect the company.
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June 12, 2024
Pool Co. Hits Ch. 11 After 'Crippling' $16M False Ads Verdict
The American arm of a Chinese swimming pool products manufacturer has declared bankruptcy after it was slapped with a $16 million false advertising and unfair business practices judgment in North Carolina that the company previously warned would put it out of business.
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June 11, 2024
Tyco's $750M PFAS Deal In Foam Co. MDL Gets Initial OK
A South Carolina federal judge gave his blessing Tuesday to the $750 million settlement Johnson Controls International PLC subsidiary Tyco Fire Products LP entered to resolve public water systems' federal claims that some forever chemicals they detected in their supplies came from firefighting foam it made.
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June 11, 2024
9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes
Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."
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June 11, 2024
Cannabis Co. Sued Over Veteran's Psychotic Episode
A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.
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June 11, 2024
Ore. County Climate Suit Sent To State Court
An Oregon federal judge sent Multnomah County's climate change lawsuit against Chevron, Exxon Mobil Corp. and other fossil fuel companies back to state court, adopting a magistrate judge's findings rejecting arguments the complaint was fraudulently crafted to evade federal jurisdiction.
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June 11, 2024
Smoking Habit Can't Nix Retired Miner's Black Lung Benefits
The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.
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June 11, 2024
NJ Supreme Court Rejects Bid For Roundup Mass Tort
The New Jersey Supreme Court has rejected a request for litigation against Monsanto Co. and Bayer AG to be designated as multicounty litigation because there are too few cases, according to a notice to the bar published Monday.
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June 11, 2024
Watchdog Says EPA's Lead Exposure Notice Program Lagging
The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.
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June 11, 2024
Cigar Co. Can Keep Using Contested 'Dragon' Name For Now
A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.
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June 11, 2024
Greenberg Traurig Adds Environmental Team From Steptoe
Greenberg Traurig LLP has bolstered its environmental practice with the addition of a shareholder and two assistant directors from Steptoe LLP at its Washington, D.C., office.
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June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.
Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
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June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine
The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
Expert Analysis
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.