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Product Liability
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July 01, 2025
10 States Challenge Asbestos Claim Doc Purge Plans
Ten states have won Delaware Court of Chancery clearance to submit a friend of the court brief opposing nationwide asbestos claims trust proposals to purge records linked to tens of thousands of exposure cases, adding their views to a suit filed by asbestos litigation defendants.
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July 01, 2025
Infant Car Seat Co. Faces Class Claims Over Defective Belts
Premium baby gear maker Nuna was hit with a proposed class action by a parent who claims the three roughly $500 car seats he bought have a defect that allows debris to block up components, which prevented the seat belts from staying snug on his children.
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July 01, 2025
NJ Assault Weapon Ban Unconstitutional, 3rd Circ. Told
Gun advocates told a Third Circuit panel on Wednesday that a Garden State federal court did not go far enough when it overturned the state's ban on AR-15 assault rifles, arguing that the state's ban on a number of other firearms and large capacity magazines should also be overturned.
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July 01, 2025
Stockton Rush Estate Seeks To Exit OceanGate Death Suit
The estate of OceanGate founder Stockton Rush has urged a Washington state court to throw out wrongful death claims brought against the late billionaire on behalf of a French explorer, who also died aboard the Titan submersible during a June 2023 exploration of the Titanic wreckage, contending the lawsuit was filed in the wrong venue.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
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July 01, 2025
Hartford Units Avoid Asbestos Settlement Coverage
Three Hartford units have no duty to cover a brake and clutch manufacturer for an asbestos injury settlement, a New Jersey federal court ruled, finding the company's late notice of the claim doomed its chances at coverage.
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July 01, 2025
Judge Rules Gun Ban For Medical Pot Users Constitutional
A Pennsylvania federal judge ruled Monday that a federal policy barring medical marijuana patients from owning firearms does not violate the Second Amendment, granting the U.S. Department of Justice's motion to dismiss a challenge brought by a state prosecutor and others.
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July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain
Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
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July 01, 2025
Top Personal Injury, Med Mal News: 2025 Midyear Report
A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.
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July 01, 2025
Jenner & Block Lands Mass Tort Team From Mayer Brown
Jenner & Block LLP announced Tuesday that it has brought on a five-attorney team in Chicago from Mayer Brown LLP for its mass torts and product liability practice, including two seasoned partners who will help co-chair the group.
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July 01, 2025
7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win
A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.
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July 01, 2025
Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban
A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.
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July 01, 2025
2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees
The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.
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July 01, 2025
Sikorsky Inks Settlement In Canadian Military Chopper Deaths
Sikorky Aircraft Corp. has reached a confidential settlement to resolve claims from the families and estates of six Canadian air force members who died in a 2020 crash off the coast of Greece.
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June 30, 2025
Ill. Judge Skeptical Of Grouping Buyers' THC Potency Suits
An Illinois federal judge seemed unsure Monday that consolidation is right for a group of false advertising suits claiming various cannabis companies illegally mislabel their vapable oil products, saying an omnibus dismissal ruling may not be enough to find such a move warranted.
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June 30, 2025
Vaping Interests Can't Pause New NC E-Cigarette Law
North Carolina officials can proceed with enforcing a law that could prevent the sale of many types of e-cigarettes, a federal judge ruled, rejecting industry arguments that the law runs afoul of the U.S. Constitution's supremacy clause by having state officials enforce federal tobacco law.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Alaskan Tribe Found Immune In Residents' Casino Fight
A federal judge has found that the Native Village of Eklutna is a required party in a lawsuit by Anchorage residents who oppose the construction of a 58,000-square-foot casino, but has simultaneously ruled the tribe can't be joined in the litigation due to its sovereign immunity.
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June 30, 2025
NutriBullet Dodges Suit Over Exploding Blender Injury
A New Jersey federal judge on Monday threw out a woman's suit alleging her NutriBullet blender was defective, resulting in it exploding and cutting her, finding her expert's opinion unreliable and irrelevant to the facts in the case.
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June 30, 2025
Pa. Judges Reduce $4.65M Bus Death Verdict To $500K
A panel of the Pennsylvania Commonwealth Court on Monday reduced a $4.65 million verdict in favor of the family of a woman killed when she was hit by a Southeastern Pennsylvania Transportation Authority bus down to $500,000, saying the verdict is subject to a statutory limit in the state's sovereign immunity law.
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June 30, 2025
Teen's Family Can't Stay Anonymous In Grindr Death Suit
A Florida federal judge won't let the family of a 16-year-old who was allegedly killed after matching with a 35-year-old man on Grindr proceed anonymously in their suit against the company, saying they haven't shown that their privacy concerns outweigh the public interest in disclosure.
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June 30, 2025
Justices Seek SG's View In $1.2M Roundup Verdict
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
Expert Analysis
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.