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Product Liability

  • August 05, 2025

    Fed. Hazmat Law Doesn't Bar Negligence Suit, 2nd Circ. Says

    A Connecticut federal judge was wrong to find that the Hazardous Materials Transportation Act preempted a propane company's common-law negligence and recklessness claims over damage it suffered from a heating oil spill, the Second Circuit ruled Tuesday in restoring a lawsuit seeking more than $500,000 to cover remediation costs.

  • August 05, 2025

    Lead Kicked From Pharma Investor Case Over Rogue Emails

    The lead plaintiff in a securities class action against Spectrum Pharmaceuticals in Manhattan federal court was removed from the case Tuesday when a federal judge found he broke confidentiality rules by going behind his lawyers' backs in an attempt to push his own settlement plan and fixating on unrelated conspiracy theories.

  • August 05, 2025

    Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders

    A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.

  • August 05, 2025

    Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks

    A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.

  • August 05, 2025

    Calif. City Sanctioned Over Missing Reports In Dow, PPG Case

    A San Francisco Superior Court judge found that a California city that's pursued decades-long litigation against Dow Chemical and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites "committed egregious discovery violations" by destroying and concealing 1991 reports related to the chemicals leaking into the city's groundwater.

  • August 05, 2025

    Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church

    A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.

  • August 05, 2025

    Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal

    A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.

  • August 05, 2025

    Tesla Hit With Suit Over Autonomous Vehicle Issues

    A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.

  • August 05, 2025

    Alaska Airlines Can't Nix Flight Attendant's Surgery Win

    A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.

  • August 04, 2025

    Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees

    The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.

  • August 04, 2025

    FCA Juror's Possible Conflict Can't Justify Retrial, Judge Says

    A class action trial against Fiat Chrysler in 2023 was not tainted by a juror whose employer was negotiating a deal with the automaker's parent company Stellantis NV, a Massachusetts federal judge ruled Friday, rejecting a bid by a class of drivers who sued over allegedly defective headrests.

  • August 04, 2025

    MOVEit Data Breach MDL Advances With Slimmed Frame

    A Massachusetts federal judge has pared down but declined to toss sprawling multidistrict litigation over a data breach tied to Progress Software's MOVEIt file transfer tool, with negligence and several other claims allowed to proceed against the software vendor and four bellwether groups of companies that used the tool.

  • August 04, 2025

    Fiat Chrysler, Drivers Seek OK Of Truck Defect Settlement

    A group of Dodge Ram drivers has asked a federal judge to preliminarily approve a class settlement resolving claims that Fiat Chrysler sold trucks with a defect that causes vehicle fires.

  • August 04, 2025

    Italian Pipe Co. Can't Upend Tex-Isle's $2.2M Arb. Award

    A New York federal judge will not disturb a $2.2 million arbitration award in favor of Tex-Isle Supply Inc. against an Italian pipe maker over alleged defects, saying the Italian company's disagreement with the arbitrator's findings is not grounds to vacate the award.

  • August 04, 2025

    Imperial Tobacco Seeks US Approval Of CA$32B Restructuring

    Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.

  • August 04, 2025

    Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5M

    Olaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering.

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    Logan Paul Energy Drink Co.'s False Ad Suit Tossed For Good

    A New York federal judge has thrown out a consolidated suit alleging Logan Paul's Prime Hydration LLC misleads consumers by selling energy drinks with more caffeine than advertised, saying a "smidgen" more caffeine is not material to the kind of buyer who is already buying a drink with twice the caffeine of its competitors.

  • August 04, 2025

    Chemical Group Says Fluoride Judge Got It Wrong

    The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.

  • August 04, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 

  • August 04, 2025

    Judge Sends Asbestos Coverage Row Back To State Court

    A Michigan federal judge on Monday remanded to state court a dispute over the allocation of commercial general liability coverage for nationwide asbestos injury suits, reasoning from the bench that defendants who are served after a case is removed to federal court should have the right to challenge that forum change.

  • August 04, 2025

    Boeing Settles Defunct African Airline's 737 Max Fraud Suit

    Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."

  • August 04, 2025

    4th Circ. Says Lead Paint Suit Rightly Returned To State Court

    The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.

  • August 04, 2025

    7th Circ. Won't Put Chicago Climate Change Suit On Hold

    The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

Expert Analysis

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    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.

  • More Environmental Claims, More Greenwashing Challenges

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    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.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    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.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    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.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    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.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    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.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    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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