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Product Liability
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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.
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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.
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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.
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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.
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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.
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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.
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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.Â
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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.
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May 15, 2025
Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.
The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.
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May 15, 2025
Gordon Rees Adds General Liability Partner In Conn.
Gordon Rees Scully Mansukhani LLP has hired a general liability attorney, who joins the firm's team in Hartford, Connecticut, to continue representing clients in product liability, toxic tort and premises liability matters, the firm recently announced.
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May 15, 2025
5th Circ. Says Samsung Must Face Battery Suit In Texas
A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.
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May 14, 2025
Actinium Faces Derivative Suit Over FDA Application Claims
Officers and directors of biopharmaceutical company Actinium Pharmaceuticals Inc. face a shareholder derivative action accusing them of breaching their fiduciary duties after the company's lead product candidate failed to secure a certain approval from the U.S. Food and Drug Administration.
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May 14, 2025
'Toys R Us' Blows Smoke At 'Vape R Us' Over Similar Marks
Toys 'R' Us' parent company Wednesday filed suit in Connecticut federal court, accusing a vape business named Vape R Us of copying and tarnishing Toys R Us trademarks and using the marks to trick customers into believing they're shopping somewhere owned or endorsed by the toy store chain.
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May 14, 2025
Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told
Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.
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May 14, 2025
Costco Fails To Wipe Away Kirkland Baby Wipes PFAS Suit
A California federal judge Wednesday denied a bid by Costco Wholesale Corp. to toss a mother's putative class action accusing the warehouse club of falsely advertising Kirkland brand baby wipes as being natural despite allegedly having toxic levels of so-called forever chemicals, saying the mother sufficiently alleged three types of chemicals and their quantities.
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May 14, 2025
RJ Reynolds Can Keep Trial Win In Engle Case, Court Says
A Florida appeals court on Wednesday affirmed a verdict in favor of R.J. Reynolds in an Engle progeny suit over a longtime smoker's death, saying counsel's failure to use all their juror challenges invalidates an argument that a juror was unfairly selected.
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May 14, 2025
NJ Attys Share Mass Tort Litigation Insights At Annual Meeting
Get to general cause issues as early as possible, take advantage of special masters and make sure local counsel knows the local rules — those are some of the tips New Jersey bar members took away Wednesday from an expert panel in Atlantic City on multicounty and multidistrict litigation in the Garden State.
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May 14, 2025
Insurer Ends Case Blaming Panda Express For Water Leak
An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.
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May 14, 2025
Integra Brass Face Investor Suit Over FDA Compliance Lapses
Executives and directors of medical device company Integra Lifesciences Inc. were hit with a derivative suit alleging they misled investors about the company's compliance with regulatory standards for over five years, causing share declines when information regarding Integra's violations emerged.
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May 14, 2025
Family Settles Drowning Suit With NC Vacation Rental Co.
A North Carolina beach house rental management company and its affiliates have settled a father's wrongful death lawsuit over a 2-year-old who drowned in a pool at an Emerald Isle vacation home, according to a notice filed Wednesday.
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May 14, 2025
3M Payment Satisfied Policy Requirements, Del. Justices Told
An attorney for 3M and its subsidiary Aearo Technologies argued that the parent company's payment of defense costs in multidistrict litigation over combat earplugs satisfied the self-insured retention of the subsidiary's insurance policies, telling the Delaware Supreme Court on Wednesday the insurers "got exactly what they bargained for."
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May 14, 2025
Keurig Settles For $950K Over Coffee Maker Defect
Keurig Green Mountain Inc. has agreed to pay $950,000 and extend the warranty on its coffee makers to resolve a suit alleging they were sold with a defect that rendered them unusable after descaling.
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May 14, 2025
Ohio Water Utility Sues Chem Cos. Over PFAS Cleanup
An Ohio water utility has said some makers of fire fighting foam that contain so-called forever chemicals have known since the 1960s that the chemicals would contaminate soil and water but continued to sell the foam regardless, according to a suit filed against a dozen companies.
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May 14, 2025
EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs
The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.
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May 14, 2025
Boeing Whistleblower Suicide Suit Ends In Quick Settlement
A suit accusing Boeing of causing a whistleblower's suicide was quickly settled for an undisclosed sum less than two months after it was filed, according to a South Carolina judge's order dismissing the case.
Expert Analysis
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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.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.