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Product Liability
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June 26, 2025
Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court
Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."
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June 26, 2025
Grocer Drops Insurer From NC Opioid Coverage Suit
A grocery chain and a Chubb unit told a North Carolina state court they've agreed to drop their insurance coverage claims against each other with prejudice over a raft of underlying opioid lawsuits.
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June 26, 2025
Volvo's US Unit Escapes Film Producer's Hearing Loss Suit
The co-founder of Armory Films — the production company behind "The Peanut Butter Falcon" and "Fool's Paradise" — can't sue Volvo Car USA LLC for hearing loss suffered due to a purported defect in his vehicle's speakers, a Nashville federal judge ruled, saying the domestic company didn't manufacture the SUV so it can't be found liable under state law.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
Judge Casts Doubt On Plea Deals In Blood Test Defect Case
A set of plea agreements between Massachusetts federal prosecutors and former Magellan Diagnostics executives has been thrown into uncertainty amid a dispute over whether the executives admitted to fraud related to defective blood tests or merely an intent to mislead, a question a judge said Thursday might be "a very expensive rabbit hole."
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June 26, 2025
Boeing Wins Discovery Stay In Chancery Derivative Suit
Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.
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June 26, 2025
Kroger, Growers Sued Over Frozen Mango Contamination
The Kroger Co., family-owned grower Townsend Farms Inc., SunOpta Grains and Foods Inc. and two unnamed corporations have been sued in Georgia federal court over allegations that a man developed a listeria infection after buying a frozen mango product from a Kroger in Douglasville, Georgia.
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June 26, 2025
Volvo EV Defect Causes Sudden Acceleration, Suit Says
Volvo drivers filed a proposed class action in California federal court Wednesday alleging it concealed a latent systemic safety defect in some of its XC40 Recharge electric vehicles that cause them to behave erratically and dangerously, where they'd unexpectedly accelerate or lurch, even when drivers' feet are off the gas.
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June 26, 2025
Imerys Insurers Continue To Take Issue With Ch. 11 Plans
Insurers that do not support talc producer Imerys Talc America's updated Chapter 11 plan told a Delaware judge Thursday that moving too swiftly toward confirmation of the new proposal will have the same results as an earlier effort, when the debtor asked to pause the proceedings after about a week.
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis
Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.
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June 26, 2025
Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit
A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
4th Circ. Clears Cab Guard Seller In Trucker's Death Suit
The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.
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June 25, 2025
Monsanto Stuck With $3.5M RoundUp Verdict After Appeal
A Pennsylvania appeals court Wednesday refused to wipe out a $3.5 million verdict against Monsanto for a cancer patient who blamed Roundup for her disease, saying Monsanto's trial evidence the weedkiller is EPA-approved and the company complied with industry standards "does not preclude the jury" from awarding punitive damages.
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June 25, 2025
OTC Pills Are Opioid In Disguise, Consumer Says
A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.
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June 25, 2025
Edgewell Deodorant Burn Claims Dropped From Conn. Court
Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Albertsons Reaches Terms To End Action Over Cereal Bars
Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.
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June 25, 2025
3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'
Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.
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June 25, 2025
Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid
Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 25, 2025
Paper Products Co. Settles Mich. AG's PFAS Lawsuit
A manufacturer of paper products has agreed to clean up a composting site to resolve allegations the company dumped paper sludge containing hazardous PFAS chemicals, Michigan's attorney general announced on Wednesday.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
Expert Analysis
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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.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.