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Product Liability
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June 27, 2025
Ghost Gun Seller Sued Over Deadly Philly Mass Shooting
The parents of a victim of a 2023 mass shooting in the Kingsessing neighborhood of Philadelphia are suing a retailer they say sold the shooter parts to assemble a "ghost gun" version of an AR-15 in violation of Pennsylvania law.
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June 27, 2025
Idaho Justices Dismiss Suit Over Skier's Death On Slopes
The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.
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June 27, 2025
Mass. Cannabis Labs Call Rival's Suit 'Publicity Stunt'
Seven Massachusetts cannabis testing labs are asking a state court judge to toss out a lawsuit brought by a competitor accusing them of manipulating test results, with three of the defendants calling the complaint a "publicity stunt" driven by the plaintiff's declining market share.
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
Bayer Investors' $38M Settlement Over Monsanto Deal OK'd
A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."
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June 26, 2025
Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court
Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."
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June 26, 2025
Grocer Drops Insurer From NC Opioid Coverage Suit
A grocery chain and a Chubb unit told a North Carolina state court they've agreed to drop their insurance coverage claims against each other with prejudice over a raft of underlying opioid lawsuits.
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June 26, 2025
Volvo's US Unit Escapes Film Producer's Hearing Loss Suit
The co-founder of Armory Films — the production company behind "The Peanut Butter Falcon" and "Fool's Paradise" — can't sue Volvo Car USA LLC for hearing loss suffered due to a purported defect in his vehicle's speakers, a Nashville federal judge ruled, saying the domestic company didn't manufacture the SUV so it can't be found liable under state law.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
Judge Casts Doubt On Plea Deals In Blood Test Defect Case
A set of plea agreements between Massachusetts federal prosecutors and former Magellan Diagnostics executives has been thrown into uncertainty amid a dispute over whether the executives admitted to fraud related to defective blood tests or merely an intent to mislead, a question a judge said Thursday might be "a very expensive rabbit hole."
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June 26, 2025
Boeing Wins Discovery Stay In Chancery Derivative Suit
Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.
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June 26, 2025
Kroger, Growers Sued Over Frozen Mango Contamination
The Kroger Co., family-owned grower Townsend Farms Inc., SunOpta Grains and Foods Inc. and two unnamed corporations have been sued in Georgia federal court over allegations that a man developed a listeria infection after buying a frozen mango product from a Kroger in Douglasville, Georgia.
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June 26, 2025
Volvo EV Defect Causes Sudden Acceleration, Suit Says
Volvo drivers filed a proposed class action in California federal court Wednesday alleging it concealed a latent systemic safety defect in some of its XC40 Recharge electric vehicles that cause them to behave erratically and dangerously, where they'd unexpectedly accelerate or lurch, even when drivers' feet are off the gas.
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June 26, 2025
Imerys Insurers Continue To Take Issue With Ch. 11 Plans
Insurers that do not support talc producer Imerys Talc America's updated Chapter 11 plan told a Delaware judge Thursday that moving too swiftly toward confirmation of the new proposal will have the same results as an earlier effort, when the debtor asked to pause the proceedings after about a week.
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis
Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.
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June 26, 2025
Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit
A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
4th Circ. Clears Cab Guard Seller In Trucker's Death Suit
The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.
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June 25, 2025
Monsanto Stuck With $3.5M RoundUp Verdict After Appeal
A Pennsylvania appeals court Wednesday refused to wipe out a $3.5 million verdict against Monsanto for a cancer patient who blamed Roundup for her disease, saying Monsanto's trial evidence the weedkiller is EPA-approved and the company complied with industry standards "does not preclude the jury" from awarding punitive damages.
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June 25, 2025
OTC Pills Are Opioid In Disguise, Consumer Says
A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.
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June 25, 2025
Edgewell Deodorant Burn Claims Dropped From Conn. Court
Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Albertsons Reaches Terms To End Action Over Cereal Bars
Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.