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Product Liability
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
​​​​​​​DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices
The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana
Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.
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July 10, 2025
Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption
Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.
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July 10, 2025
11th Circ. Revives Case Over $3.1M Glassware Verdict Debt
The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Texas Cop's Estate Can't Redo Trial Over Accidental Evidence
A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.
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July 10, 2025
Trump Says 50% Copper Tariff Will Begin Aug. 1
President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.
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July 10, 2025
Bettors Fight To Keep Suit Over DraftKings Promos Afloat
DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
Senate Confirms Airline Executive To Lead FAA
The U.S. Senate Wednesday largely voted along party lines to confirm President Donald Trump's nominee to lead the Federal Aviation Administration.
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July 09, 2025
Boeing Wants 787 Contract Claims Split From 737 Fraud Suit
Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.
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July 09, 2025
2nd Circ. Backs Convictions For $150M 'Psychic' Fraud
The Second Circuit upheld Wednesday a Canadian man's 10-year prison sentence and fraud convictions stemming from a decades-long $150 million direct mailing psychic scheme that defrauded elderly victims, ruling there was sufficient evidence he intended to harm his customers who received something different from what was advertised.Â
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July 09, 2025
Costco Says Insurer Owes Defense In Heavy Box Injury Suit
A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.
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July 09, 2025
EPA Sued Over Oil Refineries' Hydrogen Fluoride Use
A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.
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July 09, 2025
J&J Seeks To Toss 'Nowhere Close' Band-Aid PFAS Suit In NJ
Johnson & Johnson and Kenvue Inc. are urging a New Jersey federal court to toss a proposed class action alleging that the companies have not disclosed to the public that PFAS "forever chemicals" are present in unsafe amounts in Band-Aid brand adhesive bandages, arguing that the plaintiffs come "nowhere close" to stating a plausible claim.
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July 09, 2025
Red States Want In On Youths' Suit Over Trump Energy Orders
A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.
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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.
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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.
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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.
Expert Analysis
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.