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Product Liability

  • September 04, 2025

    Chevron, Exxon Kick Off High Court La. Pollution Case

    Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.

  • September 04, 2025

    4th Circ. Affirms Gardasil's Vaccine Table Inclusion

    A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.

  • September 04, 2025

    Caesars Sportsbook Parent Wins Arb. Bid In 'Free Bet' Case

    Two Caesars Sportsbook users alleging the sports betting website illegally advertises "free bets" that aren't actually free must arbitrate those claims now that its parent company has proven they agreed to utilize the alternative dispute resolution method, an Illinois federal judge has ruled.

  • September 04, 2025

    Enbridge Asks High Court To Reverse Pipeline Remand Ruling

    Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.

  • September 04, 2025

    EPA Touts 'Ambitious' New Deregulatory Agenda

    The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.

  • September 04, 2025

    NC Panel Reopens 13 Asbestos Cases Against Tire-Maker

    A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.

  • September 04, 2025

    Wash. PFAS Contamination Suit Sent Back To State Court

    A Washington federal judge has remanded to state court a refinery operator's suit alleging that firefighting foam containing per- and polyfluoroalkyl substances, or PFAS, made and sold by The Chemours Co., Tyco Fire Products and others has contaminated the refinery.

  • September 04, 2025

    Atty Can't Duck TCPA Suit Over Camp Lejeune Calls

    A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.

  • September 04, 2025

    Feds Don't Have Immunity In NM Wildfire Row, Court Told

    The U.S. Forest Service's failure to comply with a plan for the Santa Fe National Forest means it cannot avoid liability by invoking an "overarching discretionary enterprise" of prescribed burning that led to the destruction of nearly 43,000 acres, a New Mexico tribe, an electric cooperative and others argue.

  • September 04, 2025

    Robitussin Maker Must Face Woman's Lung Infection Suit

    A Pennsylvania judge has refused to dismiss a suit against the maker of Robitussin cough syrup by a woman who alleged she developed a severe lung infection from a contaminated product, saying her allegations are sufficient to plead causation.

  • September 04, 2025

    BCLP Appoints New Office Managing Partner In Seattle

    A medical malpractice, product liability and tort law attorney who joined Bryan Cave Leighton Paisner LLP just last year is the firm's new office managing partner in Seattle.

  • September 04, 2025

    No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit

    A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.

  • September 04, 2025

    Feds Sue SoCal Edison Over Eaton, Fairview Wildfires

    The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.

  • September 04, 2025

    Sanofi Settles Conn. Zantac Suits Alleging Cancer Risks

    After more than a year of indicating settlement talks would likely be successful, Sanofi-Aventis US LLC and Sanofi US Services Inc. on Thursday announced accords in two Connecticut state court lawsuits that asserted that generic forms of brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.

  • September 04, 2025

    Truck-Maker Seeks Dismissal Of Duplicate Heat Death Suit

    A company that manufactures commercial trucks and delivery vans has urged a Michigan federal court to toss a father's lawsuit over the heat-related death of his son in one of its vehicles, contending that there's an identical case pending before the Ninth Circuit.

  • September 04, 2025

    Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans

    Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.

  • September 03, 2025

    How Morgan & Morgan Got Ousted As Top Federal Tort Filer

    Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.

  • September 03, 2025

    7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit

    The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government. 

  • September 03, 2025

    4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case

    The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.

  • September 03, 2025

    Texas Judge Asks Feds How Boeing Deal Serves Public

    A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.

  • September 03, 2025

    Wash. Court Pressed To Immediately End EV Funding Freeze

    Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.

  • September 03, 2025

    Pressure Washers Can Explode, Cause Injuries, Suit Claims

    A consumer claims in a proposed California federal class action suit that TTI Outdoor Power Equipment Inc. pressure washers can explode and injure users, and that the company did nothing for years despite complaints.

  • September 03, 2025

    US Steel Wants Federal Court To Take Clairton Blast Suits

    U.S. Steel claims that litigation by workers injured in an explosion at its Clairton Coke Works facility last month should be handled by a federal court, because federal investigators are overseeing the evidence being demanded by the plaintiffs.

  • September 03, 2025

    EPA Withdraws Slaughterhouse Water Pollution Rule

    The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.

  • September 03, 2025

    Ford Seeks Exit From Mustang Door Safety Suit

    The Ford Mustang Mach-E's user manuals clearly explain how the electric vehicle's automated door latch system operates and a recent recall moots any alleged harm to buyers worried about becoming trapped in the car, the Ford Motor Co. told a California federal judge Tuesday.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    NJ Should Align With Federal Rule On Expert Testimony

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    The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Class Standing Issues Still Murky After Justices Punt LabCorp

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    While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • GM Case Highlights New Trends In AI-Related Securities Suits

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    Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

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