The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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Wash. Justices Reinstate $185M Monsanto PCB Verdict

By Rachel Riley

The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.

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Mich. Top Court Upholds Gilead Immunity In COVID Drug Case

By Danielle Ferguson

The Michigan Supreme Court on Wednesday said it won't consider an appeal from a man who was injected with a COVID-19 treatment made by Gilead Sciences Inc. that was later recalled for containing glass shards, a few months after a lower appellate court found the company immune because of a federal health emergency law.

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NHTSA To Probe 700K Hondas For Airbag, Seat Belt Issues

By Mike Curley

The National Highway Traffic Safety Administration has opened investigations into more than 700,000 Honda vehicles following safety reports regarding side airbags, rear seat belt warnings and loss of propulsion while moving at high speeds.

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Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds

By Mike Curley

A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.

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Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case

By Juan-Carlos Rodriguez

A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.

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J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win

By Jarek Rutz

Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.

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DRUGS & DEVICES

2nd Ex-Magellan Exec Avoids Jail Over Faulty Lead Tests

By Julie Manganis

A second former Magellan Diagnostics executive ducked prison time Thursday for his role in an alleged scheme to hide a defect in the company's lead-testing devices ahead of its sale in 2016.

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CONSUMER GOODS

Allstate Says Whirlpool Must Pay For Dishwasher Fire Damage

By Hope Patti

An Allstate insurer told a Pennsylvania federal court that it is entitled to recoup more than $100,000 from Whirlpool Corp. after a dishwasher the company manufactured set fire to a policyholder's property.

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Garden Supply Co. Faces Suit Claiming PFAS In Products

By Emily Field

A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."

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AUTOMOTIVE

Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup

By David Minsky

A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals. 

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RETAIL & E-COMMERCE

Bob Mackie Claims JCPenney's Apparel Rips Off His Name

By Dorothy Atkins

Celebrity fashion designer Robert Mackie hit JCPenney with a lawsuit in New York federal court Wednesday, alleging the retailer recently launched its "Mackie: Bob Mackie" clothing collection without his permission and claiming the licensing deal may have been illegitimately cut by his former general counsel who he cut ties with.

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CONSTRUCTION

Senator Presses Md. Biz For Info On East Wing Demolition

By Tom Lotshaw

U.S. Sen. Ed Markey, D-Mass., asked a Maryland business tapped to demolish the White House's East Wing to explain what steps were taken to protect workers and the public from hazardous building materials such as asbestos and lead paint.

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TRANSPORTATION

Boeing Rips Irish Leasing Co. 'Stonewalling' In 737 Max Suit

By Linda Chiem

Boeing has told a Washington federal judge that an Irish aircraft leasing company keeps stonewalling and should be ordered to sit for depositions in a breach-of-contract suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas.

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ENERGY

DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'

By Nadia Dreid

The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.

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Green Groups Can't Intervene In Feds' NY Superfund Suit

By Mike Curley

A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.

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EXPERT ANALYSIS

Justices' LabCorp Punt Leaves Deeper Class Cert. Circuit Split

In its ruling in LabCorp v. Davis, the U.S. Supreme Court left unresolved a standing-related class certification issue that has plagued class action jurisprudence for years — and subsequent conflicting decisions among federal circuit courts have left district courts and litigants struggling with conflicting and uncertain standards, say attorneys at Cozen O'Connor.

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10 Quick Tips To Elevate Your Evidence Presentation At Trial

A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.

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Series

Practicing Stoicism Makes Me A Better Lawyer

Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

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LEGAL INDUSTRY

Judge Blasted For Violent Sexual Comments Against Minors

By Spencer Brewer

The Texas State Commission on Judicial Conduct has reprimanded a municipal judge for directing sexual remarks at children and wishing sexual violence upon them, noting that the judge exhibited racial bias from the bench.

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Meet The Judge Hearing Comey's, James' US Atty Challenges

By Jack Karp

The South Carolina federal judge who will consider former FBI Director James Comey's and New York Attorney General Letitia James' challenges to the authority of the interim U.S. attorney who brought separate criminal charges against them is known for her rigorous preparation and exacting standards.

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Comey Wins Bid For Judge Oversight In Privilege Dispute

By Jared Foretek

A Virginia federal judge has appointed U.S. Magistrate Judge William E. Fitzpatrick to preside over the privilege review of seized materials in the U.S. Department of Justice's case against former FBI Director James Comey, denying the DOJ's proposal for an outside "filter team" of government attorneys to conduct the review themselves.

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NJ Attys Punch Up Governor's Race With Campaign Funds

By Jake Maher

New Jersey's legal community has donated more than $900,000 to the gubernatorial candidates this election, with the Democrat surpassing the Republican in contributions, campaign finance records show.

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Habba Cites Essayli Ruling To Defend Role In NJ Cases

By Carla Baranauckas

The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.

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Sidley's 'Incomplete' Story Hid Fraud Scheme, Family Says

By Chart Riggall

A family alleging it was roped into an illegal tax sheltering scheme on the advice of a former Sidley Austin LLP attorney has urged a Georgia federal judge to keep its suit against the firm alive, arguing a jury should decide when the family knew enough about the fraud to move forward with its claims.

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Copyright Rules For AI Creations Too Strict, IP Panel Says

By Ivan Moreno

The U.S. Copyright Office's rule barring registration of works created entirely by artificial intelligence systems may be overly strict and unlikely to endure, according to a panel of legal experts who discussed the matter Wednesday at the American Intellectual Property Law Association's annual conference in D.C.

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Judges Say Judicial Freedom Key To Maintaining Rule Of Law

By Rachel Konieczny

Colorado state and federal judges provided a glimpse Wednesday into how courts decide cases when facing current challenges to the rule of law, agreeing that judicial independence is paramount to maintaining the heart of the United States' legal system.

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4 Things To Know About Fla. Bar Admissions Reform Ideas

By Madison Arnold

A work group has issued its final report on possible changes to bar exam admission requirements in Florida, proposing 12 potential alternatives to the current system of requiring graduates to come from law schools accredited by the American Bar Association.

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Analysis

Defamation Litigation Roundup: Drake, IRS, Greenpeace

By Theresa Schliep

In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.

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LAW FIRMS IN TODAY'S NEWS

Archer & Greiner

Baker McKenzie

Berger Montague

Bernstein Shur

Brooks & Warner

Bryan Cave

Caplan Cobb

Carmichael Ellis

Cooley LLP

Covington & Burling

Cowan DeBaets

Cozen O'Connor

Donnelly Conroy

Firestone Greenberger

Frazer PLC

Friedman Rubin

Gibbons PC

Gibson Dunn

Greenberg Traurig

Griffin Humphries

Gupta Wessler

Harmon Curran

Honigman LLP

Kellogg Hansen

King & Spalding

Krovatin Nau

Lowell & Associates

Lynch Carpenter

McCarter & English

McFarland Litigation Partners

McNaul Ebel

Moses & Singer

Munger Tolles

Napoli Shkolnik

Nauts McKinney

Perkins Coie

Reese Marketos

Rivero Mestre

Robinson Gray

Rodriguez Tramont

Sidley Austin

Sills Cummis

Singleton Schreiber

Smith Goodfriend

Sperling Kenny

Steptoe LLP

Ven Johnson Law

Whitmyer IP Group

de Luca Levine

COMPANIES IN TODAY'S NEWS

3M Co.

American Bar Association

American Intellectual Property Law Association

BASF SE

Bayer AG

Centene Corp.

Democratic National Committee

Designers Guild Ltd.

Doe Run Co.

Earthjustice

Energy Transfer LP

Ethiopian Airlines Enterprise

Food & Water Watch

Genentech Inc.

George Washington University

Gilead Sciences Inc.

Google LLC

J.C. Penney Co. Inc.

Johnson & Johnson

Meridian Bioscience Inc.

Monsanto Co.

National Institute for Trial Advocacy

Natural Resources Defense Council

New Jersey State Bar Association

Rowan University

Seton Hall University

Sierra Club

Spectrum Management Holding Co.

State Bar of California

Terumo Corp.

The Boeing Co.

The Florida Bar

The New York Times Co.

The Renco Group

The Walt Disney Co.

TransUnion LLC

Universal Health Services Inc.

West Harlem Environmental Action Inc.

Whirlpool Corp.

Xcel Energy Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Federal Bureau of Investigation

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

Miccosukee Tribe of Indians of Florida

Michigan Supreme Court

National Highway Traffic Safety Administration

New Jersey Election Law Enforcement Commission

New York Attorney General's Office

Nuclear Regulatory Commission

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the District of New Jersey

U.S. Copyright Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of North Dakota