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Product Liability

  • May 19, 2025

    DuPont And Garden State Clash In PFAS Trial Opener

    New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.

  • May 19, 2025

    FCC Examines Revisions To Alaska Broadband Measurements

    The Federal Communications Commission is seeking input on a proposal to change how final milestone commitments are evaluated for the so-called Alaska Plan, with a telecom in Alaska suggesting the commission's "Fabric" dataset offers a more accurate representation of where people actually live within census blocks than the current distribution model does.

  • May 19, 2025

    'Baby Shark' Wins Bid To Keep Knockoff Products Off Shelves

    The PinkFong Co., creator of the viral "Baby Shark" song, has been granted a temporary restraining order against counterfeit businesses infringing its trademarks by advertising and distributing knockoff merchandise through their seller accounts on Amazon and Walmart, according to an order unsealed last week in New York federal court.

  • May 19, 2025

    GM Issued 'Inadequate' Recall For Bad Engines, Drivers Claim

    General Motors LLC knowingly sold vehicles "that were engineered to fail" and issued an "inadequate" recall to prevent "catastrophic" internal engine failure, a group of vehicle owners alleged in a proposed class action filed in Michigan federal court.

  • May 19, 2025

    Energy Cos. Escape Pa. County's Climate Change Suit

    A Pennsylvania state judge threw out Bucks County's Big-Tobacco style lawsuit against 14 oil companies, concluding that neither Pennsylvania law nor any state law can address the greenhouse gas emissions-related claims raised in the county's complaint.

  • May 19, 2025

    SharkNinja Blender Defect Caused Severe Burns, Suit Says

    A Tennessee woman suffered severe burns after the lid of her SharkNinja single-serving blender popped off due to a design flaw, causing hot milk and oatmeal to explode out of the cup, according to a suit filed in Massachusetts state court.

  • May 19, 2025

    Justices Decline Fireworks Co.'s Challenge To CPSC Notices

    The U.S. Supreme Court on Monday declined to review a firework importer's challenge to U.S. Consumer Product Safety Commission notices that said the products violated federal standards, leaving in place a Fourth Circuit decision that informal agency notices are not final actions under the Administrative Procedure Act.

  • May 16, 2025

    9th Circ. Mulls DOJ Shield Of Jones Day VW Documents

    A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.

  • May 16, 2025

    Fla. Gov. Says He Will Veto Bill To Expand Death Damages

    Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.

  • May 16, 2025

    Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case

    The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."

  • May 16, 2025

    Parents Sue Colgate Over Alleged Dangers Of Fluoride Rinse

    A proposed class of buyers of oral rinses is suing Colgate-Palmolive Co., alleging it misleadingly advertises its Hello Kids Fluoride Rinse as safe despite the U.S. Food and Drug Administration considering it too dangerous for children under 6 years old.

  • May 16, 2025

    Driver Fights Sanctions For Trading Vehicle In FCA Suit

    Drivers alleging Fiat Chrysler sold vehicles with defectively designed interior trim on door panels told a Michigan federal judge that one of its lead plaintiffs doesn't deserve sanctions for trading in his vehicle, saying the trade-in was a snap decision and wasn't done to prevent the automaker from inspecting the vehicle.  

  • May 16, 2025

    Pot Farm Can't Challenge Colo. Regulators' Alleged Inaction

    A Colorado state judge has dismissed a cannabis farm's suit alleging that state regulators haven't sufficiently cracked down on illegal operators, saying the farm isn't challenging a final agency action that is subject to judicial review.

  • May 16, 2025

    Insurer Owes $3.8M For Honda Airbag Class Counsel Costs

    A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.

  • May 16, 2025

    Feds Want Ex-McKinsey Exec To Serve Time For Obstruction

    Prosecutors urged a Virginia federal judge Thursday to sentence a disbarred, former senior McKinsey & Co. partner to one year in prison for obstructing an investigation into the consulting giant's work with opioid-manufacturer Purdue Pharma, while defense counsel pushed for probation so that he can return to his home in Thailand.

  • May 16, 2025

    NJ, DuPont To Face Off In Landmark PFAS Trial Series

    New Jersey and chemical manufacturing giant E.I. DuPont de Nemours will square off Monday over the contamination at a former Salem County manufacturing facility in a first-of-a-kind series of trials that environmental attorneys expect will impact "forever chemicals" litigation across the country.

  • May 16, 2025

    Ex-Womble Bond Atty Heads To Chicago With Shook Hardy

    Shook Hardy & Bacon LLP has expanded its Chicago office with the recent addition of an attorney with nearly 40 years of experience representing clients in mass tort matters and commercial disputes.

  • May 16, 2025

    Trucking Co. Worker Says Tobacco Surcharge Violates ERISA

    An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.

  • May 15, 2025

    7th Circ. Weighs AbbVie Whistleblower's Drug Marketing Suit

    A Seventh Circuit judge questioned whether a former AbbVie employee has plausibly alleged whistleblower retaliation in a false claims case and whether the drugmaker was holding his complaint to too high a standard Thursday as he explored whether a lower court's dismissal ruling should stand.

  • May 15, 2025

    Paul Mitchell Buyers Near Cert. In Cruelty-Free False Ad Suit

    A California federal judge indicated on Thursday that he'd likely certify a Golden State class of Paul Mitchell customers who allege the hair care products maker deceptively concealed its animal testing in China while touting its U.S. products as cruelty-free.

  • May 15, 2025

    Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit

    Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.

  • May 15, 2025

    LG Cheats Buyers By Starting Warranties Early, Suit Says

    LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.

  • May 15, 2025

    NJ Judge Trims VW, Audi Fuel Leak Defect Suit

    A New Jersey federal judge said Volkswagen Group of America Inc. cannot ditch a proposed class action over vehicles with allegedly faulty engines that could leak fuel, finding that drivers sufficiently asserted various fraud and other claims, and that the alleged defects were broader than what was covered in two recalls.

  • May 15, 2025

    DEA Says State-Legal Pot Fuels Transnational Crime

    The U.S. Drug Enforcement Administration said in a report made public Thursday that state-level legalization of marijuana has resulted in a flood of cannabis beyond what those markets require and, despite state regulation, international crime syndicates have largely taken control of the entire American marijuana trade, both legal and not. 

  • May 15, 2025

    Apple Accused Of False IPhone AI Promises In 50-State Suit

    Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.

Expert Analysis

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Trump Rollback Of Biden Enviro Policies: What To Expect

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    Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.

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