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Product Liability
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Duke Renews Push To Duck NC Town's Climate Damages Case
A town in North Carolina can't pin the global climate crisis solely on Duke Energy Corp., the power giant argued Friday in seeking to scrap a suit accusing it of deceiving the public about the effects of climate change, saying the town's claims exceed the bounds of state law.
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May 12, 2025
Fla. Pharmacy Beats Novo Nordisk Suit Over Ozempic 'Copies'
A Florida federal judge on Monday granted a compounding pharmacy a win in Novo Nordisk Inc.'s suit claiming it violated a state statute by selling "essentially copies" of Novo Nordisk's blockbuster Ozempic and Wegovy weight loss drugs, ruling that the claims are moot, preempted and nonviable.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Colo. Justices Give Green Light To Exxon, Suncor Climate Suit
The Colorado Supreme Court on Monday affirmed a lower court ruling allowing the city and county of Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed, saying that the claims aren't preempted by federal law.
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May 12, 2025
Tenn. Family Sues Samsung Over Home Burned In Stove Fire
A Tennessee family alleges in a proposed class action that Samsung Electronics America Inc. failed to warn them of a dangerous defect that it had known about for years in its oven and stovetop that eventually caused a fire, destroying their home and killing their three dogs, just days before the family received a recall notice.
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May 12, 2025
Mich. Judge Won't Certify Paper Mill Noxious Odor Class
Property owners have lost a bid to proceed as a class in litigation against Graphic Packaging International, with a Michigan federal judge saying the claims about a rotten-egg smell coming from a paper mill aren't suited for class treatment.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Attys Say Avvo Scraped Bar Data To Sell Marketing Services
A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
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May 12, 2025
SharkNinja Hit With Post-Recall Suit Over Pressure Cookers
SharkNinja knew about or failed to uncover a defect in a lid locking mechanism for more than 1 million pressure cookers, ultimately leading to a recall that was "grossly deficient" and left consumers with a "worthless" product, according to a proposed class action in Massachusetts federal court.
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May 09, 2025
Estate Fights Bid To End Fla. Nitrous Oxide Death Suit
The estate of a woman who died after inhaling nitrous oxide as a recreational drug urged a Florida federal judge to dismiss bids to reject the proposed class action from several smoke shops, arguing that the case should instead be sent back to state court.
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May 09, 2025
'See You In Court:' Fired CPSC Commissioner Vows To Sue
Consumer Product Safety Commissioner Richard Trumka Jr. said Friday that he plans to fight President Donald Trump's attempt to fire him, arguing that the president doesn't have the authority to sack members of the independent, bipartisan commission and telling Trump, "See you in court, Mr. President."
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
Kaman Aerospace Liable For $22M In Fatal Helicopter Crash
A Montana federal jury has hit aircraft manufacturer Kaman Aerospace Corp. with a $22 million verdict over claims that it defectively manufactured a helicopter that crashed and killed a veteran pilot who was fighting a wildfire.
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May 09, 2025
Funds Fight GM Push For 2nd Look At Bid To Toss Cruise Suit
Investor plaintiffs have told a Michigan federal judge that General Motors shouldn't get a second chance to avoid proposed class claims alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.
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May 09, 2025
American Airlines Wins Suit Over Teen's In-Flight Death
A Texas federal judge has sided with American Airlines Inc. in a mother's suit over her teenage son's death on a flight, finding the flight crew's "imperfect" response to her son's emergency does not constitute an "accident" under international flight law.
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May 09, 2025
Boeing, Alaska Air Can't Dodge Outrage Claim In Blowout Suit
A Washington state court judge has rejected attempts by Boeing and Alaska Airlines to dismiss claims for outrage brought by nearly 40 passengers over a harrowing door-plug blowout during a 737 Max flight in January 2024.
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May 09, 2025
SoCal Edison Sued Over Eaton Fire Toxins That Harm Kids
Los Angeles Eaton Fire victims have hit Southern California Edison with another proposed class action in California state court, seeking to hold the utility liable for "an environmental catastrophe" caused by the fire, which allegedly continues to expose locals and their children to lead, asbestos and other highly toxic substances.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nestle Sued Over Sugar In 'Natural' San Pellegrino Drinks
Nestle USA is misleadingly and unlawfully touting its San Pellegrino sparkling fruit beverages as healthy and "natural" despite the carbonated drinks containing up to 26 grams of added sugar per can, according to a proposed class action filed in California federal court by two Golden State consumers.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling
Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
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.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
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.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
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.
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In-House Expert Testimony Is Tricky, But Worth Considering
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.
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Tracking Changes To AI Evidence Under Federal Rules
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.
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State Extended Producer Responsibility Laws: Tips For Cos.
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.
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Law Firm Executive Orders Create A Legal Ethics Minefield
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.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
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.
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Key Insurance Issues Likely To Arise From NY Superfund Law
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.
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How Trump Policies Are Affecting The Right To Repair
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.
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How Attorneys Can Master The Art Of On-Camera Presence
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.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
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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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.