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Product Liability

  • July 25, 2025

    Iowa Urges 8th Circ. To Undo Block On E-Cig Law

    Iowa's Department of Revenue is urging the Eighth Circuit to overturn a lower judge's ruling that blocked enforcement of a new state law that would have restricted the sale of some e-cigarettes in the Hawkeye State.

  • July 24, 2025

    Trump AI Push Runs Up Against Cost, Enviro Concerns

    President Donald Trump's push to rapidly build infrastructure for the booming artificial intelligence industry could drive up energy costs in markets supporting data center growth and even hit roadblocks if state and local governments resist new developments.

  • July 24, 2025

    Toxic Waste Site Owner Can't Sue After Guilty Plea, Court Told

    The estates of two former owners of a Georgia chemical company accused of dumping toxic waste at a disused plant asked a federal judge this week to throw out a suit from the current property owner, arguing its hands are far from clean in the site's contamination after its principal's 2022 guilty plea for illegal dumping.

  • July 24, 2025

    Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation

    A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.

  • July 24, 2025

    Curaleaf Unit Sues Illinois Regulators Over Growhouse Permit

    A subsidiary of cannabis giant Curaleaf, Compass Ventures Inc., is suing the Illinois Department of Agriculture for refusing to allow the company to expand its Montgomery County cannabis cultivation center with a 42,000-square-foot "hoop house," claiming the agency allowed at least two rivals to build similar structures in the past.

  • July 24, 2025

    Bellwether Plaintiffs Want Redo Of GE Pollution Trial

    The plaintiffs in a bellwether pollution suit against General Electric Co. and a former subsidiary are asking for a new trial, arguing the jury should not have been able to find in the subsidiary's favor after it had admitted to responsibility in prior court filings.

  • July 24, 2025

    Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker

    Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.

  • July 24, 2025

    NJ Judge Orders Gun Store To Halt Illegal Ammo Sales

    A Garden State firearms retailer violated state law by failing to implement reasonable safeguards and selling ammunition to undercover state investigators without checking identification or confirming eligibility to purchase, a New Jersey Superior Court judge ruled.

  • July 24, 2025

    Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash

    A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.

  • July 24, 2025

    Eli Lilly's Trademark Suit Not 'Abuse Of Process'

    A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.

  • July 24, 2025

    NC Urges 4th Circ. Not To Block Vape Regs During Appeal

    North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.

  • July 23, 2025

    Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial

    A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.

  • July 23, 2025

    FTC Wants PE Firm's Medical Device Coating Deal Put On Ice

    Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.

  • July 23, 2025

    Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.

    A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.

  • July 23, 2025

    Cosmetics Giants Accused Of Selling Cancer-Causing Product

    Major cosmetic companies including Estée Lauder, Edgewell, Shiseido, Unilever and Harry's have been hit with Proposition 65 lawsuits in California state court accusing them of failing to put warning labels on products containing a chemical that state health officials say causes cancer.

  • July 23, 2025

    North Carolina AG Defends Power To Pursue PFAS Suit

    North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.

  • July 23, 2025

    Tort Report: Panera Settles Last Of 'Charged Lemonade' Suits

    The final resolution of a handful of injury suits over Panera Bread's caffeinated lemonade drink and the U.S. Supreme Court's rejection of a medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • July 23, 2025

    No New General Causation Opinions In Camp Lejeune Case

    A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.

  • July 23, 2025

    High Court Lets Trump Fire CPSC Members, For Now

    The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims

    The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.

  • July 23, 2025

    Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says

    A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.

  • July 23, 2025

    8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction

    The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.

  • July 23, 2025

    Co., Lenders Hit With Suit Over Medical Spa Financing Scam

    A medical device manufacturer and several financing companies worked together to manipulate boutique clinics and medical spas into purchasing expensive cosmetic devices based on inflated revenue projections and false promises of marketing support, according to a proposed class action filed Monday in California federal court.

  • July 23, 2025

    Thompson Hine Adds Venable Product Liability Atty In LA

    Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.

Expert Analysis

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Unpacking Liability When AI Makes A Faulty Decision

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    As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.

  • What Advisory On Alcohol And Cancer May Mean For Cos.

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    While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • Navigating The Uncertain Future Of The Superfund PFAS Rule

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    The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Opinion

    California Climate Lawsuit Bill Is Constitutionally Flawed

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    A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

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