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Product Liability
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June 12, 2025
Roundup Plaintiffs' Rip Of Expert Was Off Base, Jury Hears
A Missouri jury weighing a Roundup cancer case heard expert testimony Thursday that plaintiffs offered a "remarkable mischaracterization" of a defense expert witness on cancer causation when they said in openings that he was "discredited."
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June 12, 2025
Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit
An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.
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June 12, 2025
Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work
Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
GlaxoSmithKline Settles Conn. Generic Zantac Suits
GlaxoSmithKline on Thursday agreed to settle two Connecticut lawsuits, one by seven plaintiffs and the other by 11, that claimed generic forms of the brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.
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June 12, 2025
3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid
The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial
The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
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June 12, 2025
Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid
A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.
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June 12, 2025
Approach The Bench: Judge Proctor On Civility, Civil Rules
R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement
A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.
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June 11, 2025
Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities
President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.
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June 11, 2025
Wash. Panel Grills Worker Family On $5M Asbestos Win Basis
A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.
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June 11, 2025
9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal
A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."
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June 11, 2025
American Airlines Workers Win $18.7M Toxic Uniform Award
A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.
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June 11, 2025
3rd Circ. Sends Dow Pollution Suit Back To NJ State Court
The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.
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June 11, 2025
Paddle Maker Wants Counterclaims Tossed In Contract Row
Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.
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June 11, 2025
Insurer Says Law Firm Mishandled Pesticide Exposure Suit
An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit above policy limits due to the firm's negligence and malpractice.
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June 11, 2025
J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told
A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.
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June 11, 2025
Gun Groups Sue NJ, Bondi Over Handgun Age Restriction
A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.
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June 10, 2025
Stewart's Newest Discretionary Denial Has Attys On Edge
The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.
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June 10, 2025
Amazon Can't Duck Suit Over Non-FDA Approved Supplements
Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.
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June 10, 2025
Feds Aim To Trim Ga. Suit Over Air Force Wall Collapse Death
The U.S. government has urged a Georgia federal judge to dismiss negligent inspection and maintenance claims by the parents of a teen killed when a partition wall at Robins Air Force Base collapsed, arguing they are barred under the Federal Tort Claims Act.
Expert Analysis
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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.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
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.