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Product Liability

  • July 09, 2025

    ABA Says Unlawful Discriminatory Jury Selection Breaks Rule

    Lawyers may not knowingly engage in unlawful juror discrimination under the cover of "legitimate advocacy," the American Bar Association Standing Committee on Ethics and Professional Responsibility said in a formal opinion released Wednesday, finding that doing so violates prospective jurors' equal protection rights.

  • July 09, 2025

    3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.

    Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.

  • July 09, 2025

    Calif. Atty Drops Out Of Class Action Against Avvo Inc.

    One of two attorneys leveling a class action against online legal service provider Avvo Inc. over allegations it misappropriated the identities of more than 1 million attorneys to promote its legal marketing tools and referral services has moved to drop her claims.

  • July 09, 2025

    Mass. Cos. Must Keep Bottled Water Flowing In PFAS Case

    A Massachusetts federal judge has ordered defendant companies to keep providing bottled water to residents of Westminster, Massachusetts, maintaining the status quo while the court determines whether those companies have made the residents' tap water sufficiently safe from so-called forever chemicals.

  • July 09, 2025

    Hecker Fink Welcomes Longtime Cravath Trial Lawyer In NY

    Hecker Fink LLP announced Wednesday that a longtime Cravath Swaine & Moore LLP attorney known for her work on high-stakes commercial litigation has joined its New York office.

  • July 09, 2025

    Ohio Man Gets 5 Years For Trafficking Fake 'US-Made' Armor

    An Ohio federal judge sentenced a 70-year-old man to five years in prison and $5.2 million in restitution for smuggling in Chinese body armor and selling it as domestically made, certified products to American law enforcement agencies.

  • July 08, 2025

    Grocer's Octopus In Olive Oil Also Comes With Lead, Suit Says

    Natural grocery store chain Lazy Acres has been selling a tinned "octopus in olive oil" product that also contains lead in violation of California's Proposition 65, according to a suit lodged in Los Angeles County Superior Court on Tuesday.

  • July 08, 2025

    FTC Warns Amazon, Walmart On False 'Made In USA' Labeling

    The Federal Trade Commission announced Tuesday that it has informed Amazon and Walmart that third-party sellers on their online marketplaces might be falsely labeling products "Made in USA" and asked the companies to watch for and take corrective action against sellers who make such false claims.

  • July 08, 2025

    Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit

    Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.

  • July 08, 2025

    Product Liability Cases To Watch In 2nd Half Of 2025

    The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.

  • July 08, 2025

    Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told

    A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor. 

  • July 08, 2025

    Judge Tosses Pot Convict's Gun Rights Case

    A Maine federal judge on Tuesday dismissed a suit from a man convicted of trafficking cannabis who alleged that his Second Amendment rights were being violated, finding that policies barring felons from gun ownership have been consistent with the country's history.

  • July 08, 2025

    Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing

    The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.

  • July 08, 2025

    Environmental Regulations To Watch In 2025: Midyear Report

    The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.

  • July 08, 2025

    DEA Tells DC Circ. To Toss Ayahuasca Church's Petition

    Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.

  • July 08, 2025

    Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death

    A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.

  • July 08, 2025

    Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.

  • July 08, 2025

    Cooley Boosts DC Office With Top CPSC Trial Atty

    A four-year veteran of the U.S. Consumer Product Safety Commission has joined Cooley LLP as a special counsel, where she'll work with the firm's global product compliance and East Coast business litigation group in Washington, D.C., the firm announced Tuesday.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

  • July 07, 2025

    Credit Suisse Can't Ditch Bondholder's UBS Merger Suit

    A New York federal judge Monday rejected Credit Suisse's bid to escape investor litigation alleging it concealed the impact of quarterly losses and the bank's inability to retain clients leading up to its takeover by UBS AG while certifying a class of investors and consolidating two cases for pretrial proceedings.

  • July 07, 2025

    Gun Rights Groups Sue To Overturn National Firearms Act

    Multiple gun rights advocacy groups asked a Texas federal court to throw out most of the National Firearms Act, saying that because the One Big Beautiful Bill Act reduced the tax for certain controlled firearms to $0, the NFA could no longer pass a constitutional smell test.

  • July 07, 2025

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025

    The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.

  • July 07, 2025

    Mich. Starbucks Customer Drops Hot-Drink Burn Suit

    Starbucks Corp. and a customer who suffered severe burns when hot tea spilled on her lap at a Michigan drive-through have confidentially settled her negligence lawsuit, culminating in a dismissal with prejudice in federal court.

  • July 07, 2025

    Alaskan Tribe's Immunity Upheld In Anchorage Casino Fight

    A federal court judge on Monday denied a bid by a group of Anchorage, Alaska, residents to reconsider a ruling that found the Native Village of Eklutna is immune from the residents' lawsuit seeking to block a casino development, saying their arguments are no more than a disagreement with the court's analysis.

  • July 07, 2025

    Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet

    Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Trump Policies Are Affecting The Right To Repair

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    Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

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