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Product Liability
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
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April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says
Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
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April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest
A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
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April 25, 2025
Father Trapped In Tesla During Fatal Fire, Family Claims
The family of a father who died while trapped inside his Tesla Model 3 as it "spontaneously combusted and erupted into fire" is suing the automaker in California state court, claiming it was aware its doors would malfunction during a fire but hid that from consumers.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
11th Circ. Backs FDA In Denial Of Bidi's Vape Application
The Eleventh Circuit has affirmed the denial of a marketing application for a tobacco-flavored electronic cigarette made by Bidi Vapor LLC, finding that the U.S. Food and Drug Administration did not act arbitrarily or capriciously in finding that the company failed to show the product would promote public health.
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April 25, 2025
Nelson Mullins Adds Product Liability Pro In Charlotte
Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
Ill. Judge Won't Reduce Claims In Defective Smoker Suit
Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Apple, Google, Roblox Duck Game Addiction Suit, For Now
An Illinois federal judge Wednesday dismissed Apple, Google and Roblox from a parent's proposed class action accusing multiple video game developers and platforms of peddling their addictive wares to children, saying the allegations lack specificity, but left open the possibility of amending the complaint.
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April 24, 2025
$1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK
A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.
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April 24, 2025
DOT Carves Out Autonomous Vehicle Exemptions
The U.S. Department of Transportation on Thursday updated its policy for developing autonomous vehicles, pledging to ease regulatory hurdles for domestically produced vehicles in order to accelerate U.S. competitiveness in the self-driving car space.
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April 24, 2025
L'Oreal, P&G Sued Over Hair Dyes Blamed For Stylist's Cancer
A woman who developed bladder cancer after decades of exposure to hair dye is suing companies including L'Oreal, Coty, Procter & Gamble and others in California state court, claiming they concealed risks associated with certain chemicals in their products.
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April 24, 2025
Verdict Upheld For Security Co. Accused In Teen's Drowning
A Connecticut judge has declined to set aside a jury verdict in favor of a security company that beat product liability and recklessness claims in the death of a teenager who drowned after sneaking into a Hartford park pool, rejecting arguments from the boy's mother that two evidence rulings tainted the outcome of her case.
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April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims
An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
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April 23, 2025
Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit
A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.
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April 23, 2025
FDA Warns Of Health Risks In Topical Hair Loss Drug
The U.S. Food and Drug Administration on Wednesday alerted healthcare providers, pharmaceutical compounders and consumers about potential safety risks tied to certain hair loss treatment products, citing reports of persistent adverse side effects, including sexual dysfunction, depression and suicidal thoughts.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
New Mexico Wildfire Sparks Suit Against Federal Government
The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.
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April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste
Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
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April 23, 2025
Railcar Co. Owes Nothing In $600M Ohio Derailment Deal
A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago. Â
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April 23, 2025
Eli Lilly Sues 4 Telehealth Cos. For Weight Loss Drug Copies
Eli Lilly filed a new round of lawsuits Wednesday over the compounding of its popular weight loss drugs Mounjaro and Zepbound, accusing four telehealth companies of making copies of the medications while alleging that two companies violated laws requiring doctors to make medical decisions, not corporations.Â
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
IVF Suits Highlight Need For Better Legal Frameworks
The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At FDA's Plans To Establish New OTC Drug Category
The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.