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Product Liability

  • June 20, 2025

    Microplastics Focus May Force Change In Biz Practices

    The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.

  • June 20, 2025

    CrowdStrike Escapes Flyers' IT Outage Class Action

    A Texas federal judge dismissed a proposed class action Wednesday against cybersecurity firm CrowdStrike Inc. from airline customers whose flights were delayed or canceled due to the catastrophic July 2024 global IT outage, finding the collection of state law claims are preempted by the federal Airline Deregulation Act.

  • June 20, 2025

    NJ Court Greenlights Beasley Allen Attys In Talc Litigation

    A New Jersey state judge will allow two Beasley Allen Law Firm attorneys to represent a California couple in their suit accusing Johnson & Johnson of selling carcinogenic talc-based baby powder and appear pro hac vice despite the company's vehement opposition.

  • June 20, 2025

    Sig Sauer Aims To Take Down Conn. Atty's Defamation Suit

    Sig Sauer Inc. is asking a Connecticut federal judge to throw out an attorney's suit claiming it defamed him in a March press release as a "grifter" for his legal actions and litigation against the gunmaker.

  • June 20, 2025

    Textron Says NC Biz Certificate Doesn't Signal Jurisdiction

    Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.

  • June 20, 2025

    Nose Spray Co. Sues FTC Over Substantiation Requirement

    Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.

  • June 20, 2025

    Psychedelic Therapy Reform Gets Boost From Conservatives

    Former Texas Gov. Rick Perry told attendees at a psychedelics conference this week that he was committed to loosening federal restrictions on a prohibited psychoactive substance that has shown promise in treating mental health conditions like opioid addiction.

  • June 20, 2025

    Justices Let E-Cig Retailers Join Challenge To FDA Prohibition

    The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.

  • June 20, 2025

    Justices Say Fuel Groups Can Fight Emissions Waiver

    The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.

  • June 18, 2025

    FDA Says Vape Co.'s Suit Doesn't Merit Jury Trial

    The U.S. Food and Drug Administration told a Texas federal court a company that allegedly sold illegal vapes does not have the right to a jury trial, saying that Congress expressly created administrative proceedings for infractions such as the one the company allegedly committed.

  • June 18, 2025

    Mississippi Social Media Law Blocked Again By Federal Judge

    A Mississippi federal judge reinstated a preliminary injunction Wednesday that blocks a state law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, preventing it from taking effect after the Fifth Circuit lifted the court's previous injunction.

  • June 18, 2025

    J&J Hit With $8M Verdict In Multi-Exposure Talc Case

    A jury awarded $8 million on Wednesday to a Massachusetts woman who said Johnson & Johnson's talcum powder caused her mesothelioma, rejecting the company's claims that family members' work around asbestos absolved it of blame.

  • June 18, 2025

    Consumers Drop Gore-Tex 'Greenwashing' Class Suit

    Consumers suing the maker of the waterproof fabric Gore-Tex are looking to end, for now, their proposed class action against the company alleging W.L. Gore & Associates used toxic forever chemicals to manufacture its material while also "greenwashing" its image.

  • June 18, 2025

    4th Circ. Backs Ban On Handgun Sales To Young Adults

    A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.

  • June 18, 2025

    Psychedelics And The Law In Focus At Colo. Conference

    Colorado Gov. Jared Polis announced a pardon for all state-level convictions for psilocybin and psilocin possession at a psychedelics conference this week, in recognition that these substances are now legal in the state and in another indication that their relationship with the law is in flux.

  • June 18, 2025

    Hong Kong-Based Airline Sued Over Failed Takeoff To LA

    Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.

  • June 18, 2025

    Punitive Damages Allowed In Mother's Hotel Fire Death Suit

    A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.

  • June 18, 2025

    GM Hit With New Class Action Over V8 Engine Defect

    General Motors LLC misled consumers by knowingly selling hundreds of thousands of SUVs and trucks with potentially deadly defective engines that could suddenly fail, according to a proposed class action filed Wednesday in Michigan federal court.

  • June 18, 2025

    Ford Waived Arbitration In Fire Defect Suit, Drivers Say

    Drivers who accused Ford of selling hybrids with defective engines prone to stalling or spontaneously catching fire have urged a Michigan federal judge to reject the automaker's bid to force some plaintiffs to take their claims to arbitration, contending that the company missed out on its chance to do so by challenging the merits of the case years ago.

  • June 18, 2025

    California Cities Say Enviro Group Destroyed Testing Data

    The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."

  • June 18, 2025

    Defamation Brawl Over Braves Auction Booted To Georgia

    A Texas federal judge shipped auctioneer Heritage Vintage Sports' defamation suit against the Atlanta Braves over auctions of the team's merchandise to Georgia federal court, finding that the dispute did not carry specific ties to the Lone Star State.

  • June 18, 2025

    High Court Says Texas Can't Challenge Nuclear Waste Site

    The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.

  • June 17, 2025

    AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row

    An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.

  • June 17, 2025

    Nissan Asks Justices To Void Certified Sunroof Defect Classes

    Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.

  • June 17, 2025

    Tesla Knocks Insurance Deception Claim From Ill. Defect Fight

    A Tesla driver pursuing unfair practice claims over an alleged "phantom braking" defect in the Model 3 has still not sufficiently alleged the electric-car maker knowingly misrepresented its insurance pricing practices, an Illinois federal judge said Tuesday, holding the driver to an omission-based claim she previously allowed to proceed.

Expert Analysis

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • 3 Change Management Tools To Boost Compliance Efforts

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    As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

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