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Product Liability

  • August 08, 2025

    6th Circ. Says Federal Machine Gun Ban Is Constitutional

    The Sixth Circuit has upheld a federal ban on machine guns, finding the prohibition to be in line with the country's tradition of regulating "dangerous and unusual weapons."

  • August 08, 2025

    AT&T Faces Suit After Fiber Optic Cable Kills Texas Woman

    The family of a Texas woman who died in May after a low-hanging fiber optic line struck her in the head is suing AT&T and its cable maintenance contractor, claiming that the cable hung below required safety code heights and that the companies failed to follow proper installation procedures.

  • August 08, 2025

    Trade Group Sues Colorado Over Gas Stove Labeling Law

    A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.

  • August 08, 2025

    Transit Cos. Get Woman's $1.7M Tripping Verdict Undone

    A New Jersey appeals panel has vacated a $1.7 million verdict in favor of a woman who sued Delaware River Port Authority and Port Authority Transit Corp. after she tripped and fell at a train station, saying the trial court wrongly permitted an inadmissible lay opinion that tainted the verdict.

  • August 08, 2025

    NC AG Has Power To Pursue PFAS Pollution Suit, Judge Rules

    Two DuPont spinoffs can't shirk a forever chemical contamination suit brought by the North Carolina Attorney General's Office, a state court judge has ruled, finding Attorney General Jeff Jackson does have the authority to pursue the case even after lawmakers curbed his powers.

  • August 08, 2025

    Ford Can Arbitrate Some Claims In Hybrid Engine Fire Suit

    A Michigan federal judge has sent to arbitration six plaintiffs in a proposed class action alleging Ford Motor Co. sold hybrid vehicles with engine defects that could lead to fires, finding the automaker did not waive its right to arbitration by participating in earlier stages of the litigation.

  • August 08, 2025

    Pennsylvania Litigation Highlights Of The 1st Half Of 2025

    In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks. 

  • August 07, 2025

    Crypto Buyers Win Class Cert. Against Kardashian, Celebs

    EthereumMax buyers accusing celebrities of promoting the cryptocurrency allegedly used in a pump-and-dump scheme can certify subclasses in four states, but not their nationwide class, a federal judge ruled, agreeing with famed boxer Floyd Mayweather Jr. that there's a risk of California and Florida securities laws being inappropriately applied outside those states.

  • August 07, 2025

    Judge Orders Chemours To Cut Discharges At W.Va. Plant

    A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.

  • August 07, 2025

    BioPharma Co.'s $15M Deal Over Ruined J&J Vaccines OK'd

    A Maryland federal judge on Thursday granted final approval to a $15 million settlement to close out a stockholder derivative suit claiming Emergent BioSolutions Inc. and its top brass made a mint selling stock before their allegedly lax oversight led to the contamination of over 15 million Johnson & Johnson COVID-19 vaccine doses.

  • August 07, 2025

    SC Judge Tosses Charleston Climate Suit Against Energy Cos.

    A South Carolina state judge has ruled that a city of Charleston lawsuit seeking damages from oil and gas companies for greenhouse gas pollution and climate change impacts is barred under the U.S. Constitution and federal Clean Air Act.

  • August 07, 2025

    NC Town Alleges Chem. Giants Hid PFAS Health Risks

    A North Carolina town sued Arkema Inc., Dynax and other chemical manufacturers on Wednesday over the infiltration of toxic "forever chemicals" into its drinking water, alleging the companies knew for decades that the compounds were dangerous and willfully ignored it.

  • August 07, 2025

    6th Circ. Revives Whirlpool Stove Activation Class Suit

    The Sixth Circuit has reinstated a proposed class action alleging Whirlpool Corp. sold stoves with defective knobs prone to accidental activation, saying the plaintiffs sufficiently alleged that the company knew of the defect because the U.S. Consumer Product Safety Commission sent it consumer complaints.

  • August 07, 2025

    Wilson Elser Nabs Former Transpo Safety Board Adviser

    A former team leader for the Federal Motor Carrier Safety Administration who worked with its passenger carrier division on issues involving commercial passenger vehicles like buses and motor coaches has joined Wilson Elser Moskowitz Edelman & Dicker LLP's Washington, D.C., office as an of counsel.

  • August 07, 2025

    Kratom Buyers Take Addictiveness Suit To 9th Circ.

    A proposed class of kratom buyers is appealing to the Ninth Circuit after their claims that Thang Botanicals and FTLS Holdings LLC misled them about the addictive qualities of kratom products were dismissed with prejudice.

  • August 06, 2025

    Judge Blocks Mich. Landfill From Taking Radioactive Waste

    A Michigan state judge on Wednesday blocked a Detroit-area landfill from accepting thousands of cubic yards of radioactive material stemming from the Manhattan Project, holding that it could be sent to a less-populated area and pose less risk.

  • August 06, 2025

    Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case

    A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.

  • August 06, 2025

    RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says

    A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.

  • August 06, 2025

    Indivior Beats Investor Suit Over Opioid Drug Sales Forecasts

    A Virginia federal judge Wednesday tossed an investor class action accusing drugmaker Indivior PLC of overstating the financial prospects of its drugs used to treat opioid use disorders and its ability to forecast such financial projections, finding, among other things, that the complaint's challenged statements are inactionable.

  • August 06, 2025

    Feds Give Amazon's Zoox Robotaxis Green Light

    Amazon's self-driving car unit, Zoox Inc., has received federal approval to deploy fleets of robotaxis, making the company the first to receive an exemption from Federal Motor Vehicle Safety Standards for U.S.-built autonomous vehicles under a newly expanded program, the National Highway Traffic Safety Administration said Wednesday.

  • August 06, 2025

    Feds Launch Safety Probe Of SEPTA After EV Bus Fires

    The Federal Transit Administration has launched an inquiry into the Southeastern Pennsylvania Transportation Authority's storage of decommissioned electric buses, which the federal agency said comes after a lithium-ion battery fire in one of SEPTA's yards.

  • August 06, 2025

    Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL

    A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.

  • August 06, 2025

    2nd Circ. Backs J&J Spinoff In 'Rapid Release' Label Suit

    The Second Circuit on Wednesday declined to revive a proposed class action alleging a Johnson & Johnson spinoff company misled consumers by claiming that "Rapid Release" Tylenol gelcaps dissolve faster than other types of Tylenol.

  • August 06, 2025

    Meta Says Section 230 Blocks Teen's Nude Photo Suit

    Meta Platforms Inc. and its affiliates are urging a California state court to throw out a teen's claims against it over a partially nude photograph that his classmates shared over Instagram, saying the case involves "quintessential Section 230-protected publishing activity."

  • August 05, 2025

    Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds

    Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.

Expert Analysis

  • 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.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

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    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.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    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.

  • And Now A Word From The Panel: MDL Hubs

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    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.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The PFAS Causation Question Is Far From Settled

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    In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Unpacking The Illicit E-Cigarette Crackdown By State AGs

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    A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

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