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Product Liability

  • June 02, 2025

    2nd Circ. Won't Let Skier Enforce Pulled Settlement Offer

    The Second Circuit isn't letting an injured skier enforce a settlement he attempted to accept just before a jury sided with the ski resort he was suing, with the appellate court finding Friday that his positions are inconsistent and that allowing enforcement would be unfair.

  • June 02, 2025

    J&J Again Seeks To Block Beasley Allen In NJ Talc Litigation

    Johnson & Johnson has opposed a New Jersey talc claimant's motion for the pro hac vice admission of two attorneys from The Beasley Allen Law Firm, claiming the partners' conduct in its talc unit's bankruptcy proceedings warrants denial of the application.

  • June 02, 2025

    Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI

    In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.

  • June 02, 2025

    High Court Skips AR-15 Ban Constitutionality For Now

    The U.S. Supreme Court declined Monday to weigh in on the debate over whether AR-15s and other semiautomatic rifles are protected under the Second Amendment or potentially subject to state bans because of their military-like capabilities.

  • May 30, 2025

    Wash. High Court Relaxes Standard For Worker Illness Suits

    Washington's highest court has lowered the bar for employees to sue over work-related illnesses, finding that in cases of latent diseases such as mesothelioma, a worker has a valid claim if they show their employer was "virtually certain" that the malady would develop.

  • May 30, 2025

    Shopper Wants Class Cert. In Mistranslated Cookie Label Suit

    A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.

  • May 30, 2025

    TopCo Settles Suit Over Cough Syrup Billed As 'Non-Drowsy'

    The parties in a lawsuit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup makes users sleepy told an Illinois federal judge that they've reached a binding settlement that would end the case.

  • May 30, 2025

    Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M

    A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.

  • May 30, 2025

    Generic-Drug Makers Near Exit From Depo-Provera MDL

    Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.

  • May 30, 2025

    Associations Back Airplane Parts Cos. In NC Crash Appeal

    The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.

  • May 30, 2025

    Bass Pro Reels In Final Approval For $5M Tobacco Suit Deal

    A Missouri federal judge has granted final approval to a $4.95 million settlement in a lawsuit that accused Bass Pro Shops of failing to tell employees who used tobacco how they could avoid incurring an extra $2,000-per-year charge for health insurance.

  • May 30, 2025

    Ford Says No Evidence Of Damages In Oil-Guzzling Suit

    Ford Motor Co. is urging a Michigan federal court to throw out a proposed class action alleging it sold vehicles with an oil-guzzling defect, saying the evidence fails to show any actionable damages or that there was any breach of the applicable warranties.

  • May 29, 2025

    LexisNexis Unit Hit With Class Actions Over 364K Data Breach

    A LexisNexis unit was hit with at least two proposed class actions Wednesday in New York and Georgia federal courts by individuals who allege that their personally identifiable information was exposed during a massive data breach and that the company waited too long to inform them of the breach. 

  • May 29, 2025

    Monsanto-Funded Researcher Influenced Panel, Jury Hears

    A Missouri jury hearing the latest trial over cancer claims related to Monsanto's glyphosate pesticides heard Thursday that a Monsanto-funded researcher was able to change the course of a prestigious international panel weighing the chemical's carcinogenicity.

  • May 29, 2025

    GM Gets Initial OK For $150M Engine Defect Post-Trial Deal

    A California federal judge on Thursday said he'd grant preliminary approval to a $150 million deal General Motors reached with car buyers over an engine defect following a trial verdict against the auto giant that class counsel said, with prejudgment interest, would have cost the company more than $270 million.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    TikTok Can't Duck NY Suit Over Kids' Mental Health

    TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

    The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

  • May 29, 2025

    Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

    The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

  • May 29, 2025

    Bahraini Co. Lobs Fraud Suit Over Faulty Paving Machine

    A Bahraini company that once sought government contracts repaving roads in the Middle East sued an Ohio asphalt recycling machine manufacturer on Wednesday, accusing it of fraudulently trying to pass off an inferior repurposed machine as new and then skipping out on a contractually mandated arbitration.

  • May 29, 2025

    Kids Launch New Climate Case Over Trump Energy Orders

    The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.

  • May 29, 2025

    Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit

    Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.

  • May 29, 2025

    RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says

    A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.

  • May 28, 2025

    Insurers Get Meta MDL Coverage Fight Kicked Back To Del.

    A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.

Expert Analysis

  • 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.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

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