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Product Liability
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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.
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May 14, 2025
Eckert Seamans Enters NYC With 11 Hawkins Parnell Attys
Eckert Seamans Cherin & Mellott LLC said Wednesday that it has launched an office in New York City with the addition of an 11-attorney team from Hawkins Parnell & Young LLP, while scaling back its New Jersey presence.
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.Â
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May 13, 2025
Ga. Law Shields Pesticide Makers From Failure-To-Warn Suits
Georgia Gov. Brian Kemp has signed new legislation into law that will soon shield pesticide manufacturers from liability in failure-to-warn suits, coming on the heels of a $2.1 billion verdict against the makers of Roundup weed killer delivered by a state jury earlier this year.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Snap Denies It Caused Users' Fentanyl Overdose Deaths
Snap has hit back at dozens of claims by parents of children who suffered fatal overdoses from fentanyl-laced pills acquired through the social media platform, saying many had a history of drug use, were themselves dealers or acquired drugs through other means.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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May 13, 2025
Texas Investigates GenÂerÂal Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
Farberware, Walmart Can't Duck Pressure Cooker Burn Suit
A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.
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May 13, 2025
Judge Preserves Consumer Action Over Kratom Extract
A Missouri federal judge has largely preserved claims against a company that markets an opioid-like kratom extract, advancing a proposed consumer class action alleging the products were deceptively marketed to hide their addictive properties.
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May 13, 2025
Law Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
BCLP Adds 4 Atty Litigation Team From Lewis Brisbois
Bryan Cave Leighton Paisner LLP announced that the firm has hired a four-member litigation team from Lewis Brisbois Bisgaard & Smith LLP, who will join the firm's class action and mass torts practice group.
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May 13, 2025
6th Circ. Vacates Paper Cos. Superfund Liability Ruling
The Sixth Circuit sided with International Paper Co. and Weyerhaeuser Co. Monday and vacated a judgment holding them liable for future cleanup costs at a Michigan Superfund site.
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May 13, 2025
GM Drivers Say V-8 Engine Recall Killed Fuel Economy
A group of seven drivers have taken General Motors LLC to Pennsylvania federal court, asserting on behalf of a proposed nationwide class that the company sold them defective 6.2-liter V-8 engines and left them with a choice of either risking catastrophic failure or suffering worsened fuel economy after a recall.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
3M Says It'll Pay $285M To End Past, Future NJ PFAS Claims
3M has agreed to shell out $285 million to put to rest environmental claims brought by New Jersey officials over purported PFAS contamination at the Chamber Works manufacturing facility in Salem County as well as statewide claims the Garden State may have in the future, according to an announcement made Monday.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review
A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
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May 12, 2025
Hawaii Judge Awards Damages For Navy's Red Hill Fuel Leaks
A Hawaii federal judge has said the U.S. government should pay more than half a million dollars in damages to 17 bellwether plaintiffs who sued after fuel leaks at a since-shuttered Navy storage facility contaminated their drinking water.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
Duke Renews Push To Duck NC Town's Climate Damages Case
A town in North Carolina can't pin the global climate crisis solely on Duke Energy Corp., the power giant argued Friday in seeking to scrap a suit accusing it of deceiving the public about the effects of climate change, saying the town's claims exceed the bounds of state law.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.