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Product Liability

  • August 20, 2025

    Talphera Beats Investors' Bid To Save Slogan Suit At 9th Circ.

    The Ninth Circuit on Wednesday refused to revive a proposed shareholder class action accusing Talphera Inc. of misleading investors about the simplicity of administering the pharmaceutical company's "Tongue and Done" opioid, saying in a published opinion that no reasonable investor would "blindly" accept the slogan without considering other information.

  • August 20, 2025

    TikTok Can't Dodge NC Claims Over Addictive App Design

    Chinese internet behemoth ByteDance Inc. and its social media subsidiary TikTok Inc. can be sued in the Tar Heel State, North Carolina's business court ruled Tuesday, preserving a lawsuit that accuses the companies of exploiting minors through addictive app design.

  • August 20, 2025

    10th Circ. Says NM Gun Waiting Period Is Unconstitutional

    The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.

  • August 20, 2025

    11th Circ. Revives Cannabis Users' 2nd Amendment Challenge

    The Eleventh Circuit said Wednesday that a federal law disarming medical cannabis users likely ran afoul of the Second Amendment because it was inconsistent with the nation's history of gun regulation.

  • August 20, 2025

    2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit

    The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.

  • August 20, 2025

    Boeing Eyes Exit From Retooled 737 Max Securities Fraud Suit

    Boeing told an Illinois federal judge that equity funds cannot stuff their amended securities fraud lawsuit with vague and overblown allegations the American aerospace giant defrauded investors by downplaying the 737 Max jets' safety flaws after two deadly crashes in 2018 and 2019.

  • August 20, 2025

    Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

    Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.

  • August 19, 2025

    Another Suit Says Roblox Didn't Protect Child From Predator

    The mother of a 10-year-old girl has hit Roblox Corp. with a lawsuit joining the many that accuse the popular gaming platform of putting children in danger, claiming that a man the girl met on the company's app groomed her until she shared sexually explicit images of herself with him.

  • August 19, 2025

    USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe

    The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.

  • August 19, 2025

    Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit

    Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."

  • August 19, 2025

    Faulty Expert Testimony Dooms Suit Against Norfolk Southern

    The Georgia Court of Appeals on Tuesday threw out a suit seeking to hold Norfolk Southern liable for a longtime worker's hip injuries, saying the plaintiff's medical expert submitted a report that did not properly discuss how the alleged negligence caused his injuries.

  • August 19, 2025

    Trump Energy Orders Suit Must Be Sustained, Youths Say

    Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

  • August 19, 2025

    Google, YouTube Settle Kids' Data Suit With $30M Payout

    Google LLC and its subsidiary YouTube will pay $30 million to resolve a long-running proposed class action accusing them of illegally collecting children's data to generate targeted advertising, according to documents filed in California federal court Monday. 

  • August 19, 2025

    Insurers Pull Back From Discord Liability Coverage Fight

    Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.

  • August 19, 2025

    21 AGs Push DEA To Schedule 'Designer Xanax'

    Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.

  • August 19, 2025

    2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row

    The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.

  • August 19, 2025

    Panel Weighs Ga. High Court Ruling In Sham Donor Suit

    Customers who accused a sperm bank of selling sperm without disclosing the true medical and criminal histories of donors urged the Georgia Court of Appeals to revive their lawsuits Tuesday, arguing the dismissals were based on a misreading of a 2020 decision from the state's high court.

  • August 19, 2025

    Onewheel Skateboard Maker Sued For Not Issuing Recall

    A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.

  • August 19, 2025

    Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme

    Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.

  • August 19, 2025

    Kratom Seltzers Co. Sued Over Claims Drinks Are Addictive

    Florida-based kratom beverage maker Mitra-9 has been hit with a proposed class action in New York federal court accusing it of misleading consumers with claims that its drinks are safe and "all natural," when in reality the active ingredient is highly addictive, causing opioid-like dependencies and withdrawals.

  • August 19, 2025

    Mich. AG Fights Roku's Bid To Dismiss Data Privacy Claims

    Michigan's attorney general told a federal judge she has standing to sue Roku Inc. on behalf of the state's residents and children because of the state's interest in combating data privacy violations, urging the court to reject the streaming platform's bid to shake video and personal privacy claims. 

  • August 19, 2025

    Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal

    Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 18, 2025

    Tesla Drivers Nab Class Cert. In 'Full Self-Driving' Suit

    A California federal judge Monday granted class certification in a consolidated lawsuit that accused Tesla Inc. of duping drivers into falsely believing that its cars can fully pilot themselves, but made some modifications to proposed class definitions.

  • August 18, 2025

    Meta Faces Senate Probe Over AI Chatbots' Talks With Kids

    Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors. 

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

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    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • Trucking Litigation Will Shift Gears In The Autonomous Era

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    As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

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