An Illinois federal jury sided with Mead Johnson on Monday in a lawsuit claiming its infant formula caused a premature baby boy to develop a fatal intestinal disease, rejecting his mother's claims that the company should be held liable for making a defective product and failing to adequately warn doctors of the risks associated with it.
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Mead Johnson Prevails In 1st Infant Formula MDL Trial

By Celeste Bott

An Illinois federal jury sided with Mead Johnson on Monday in a lawsuit claiming its infant formula caused a premature baby boy to develop a fatal intestinal disease, rejecting his mother's claims that the company should be held liable for making a defective product and failing to adequately warn doctors of the risks associated with it.

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Zimmer Wins Hip Implant Suit After Expert Testimony Tossed

By Jonathan Capriel

A New York federal judge handed Zimmer Inc. an early win in a multidistrict litigation case alleging its hip prosthetics are faulty, after finding that the plaintiff's only expert witness could not testify because his opinion that the device was defective was based solely on the fact that it broke.

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EPA Sued Over Herbicide Challenged As Likely Carcinogen

By Ben Adlin

Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

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Oregon Packaging Law Survives Constitutional Challenge

By Tom Lotshaw

An Oregon federal judge ruled against a national trade association's challenge of an Oregon law that imposed recycling system costs on producers of packaging materials, rejecting arguments that it was unconstitutional.

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6th Circ. Splits On Tenn. Social Media Age-Verification Law

By Emily Field

A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

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Businesses Agree To Drop Norfolk Southern Derailment Suits

By Tom Lotshaw

Ohio federal judges on Monday tossed more than a half dozen lawsuits business owners filed against Norfolk Southern Corp. over the East Palestine train derailment and chemical spill in the state after the plaintiffs and the railroad moved to have them dismissed.

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ASBESTOS

Roundup

Defamation Litigation Roundup: NYT, J&J, Azerbaijan

By Theresa Schliep

In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

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DRUGS & DEVICES

SEC, FDA Enter Info-Sharing Pact To Bolster Enforcement

By Rae Ann Varona

The U.S. Securities and Exchange Commission and U.S. Food and Drug Administration are looking to bolster information-sharing related to FDA-regulated products in a bid to help each other in their respective oversight and compliance efforts, according to a three-year memorandum of understanding the agencies announced Monday.

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FOOD & BEVERAGE

Kind Hit With False-Ad Suit Over 'ZEROg Added Sugar' Label

By Gina Kim

Kind LLC violates food labeling regulations by selling snack bars containing the added monosaccharide allulose while prominently representing that they contain zero grams of added sugar, according to a proposed false advertising class action filed Friday in New York federal court. 

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CONSUMER GOODS

Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

By Dorothy Atkins

Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

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Dupray Hit With Suit Over Steam Cleaner Recall

By Jonathan Capriel

Canadian appliance company Dupray faces a proposed class action over more than 650,000 steam cleaners it recalled earlier this year due to complaints of ruptures that expelled hot water onto users, according to a complaint filed in New York federal court.

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AUTOMOTIVE

Tesla, Calif. Family Settle Suit Over Fatal Autopilot Crash

By Y. Peter Kang

Tesla has agreed to settle a suit alleging the automaker's autopilot technology and marketing of its self-driving capabilities contributed to a fatal 2023 crash that killed a driver and seriously injured his passenger, according to documents filed in California federal court.

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3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

By Mike Curley

The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

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Tesla Asks 9th Circ. To Decertify 'Full Self-Driving' Ad Class

By Dorothy Atkins

Tesla urged the Ninth Circuit on Monday to decertify classes of Tesla buyers who accuse the company of making false and deceptive promises about the capabilities of their "self-driving" electric vehicles, arguing that there's no proof showing all class members viewed the alleged misstatement at issue on Tesla's webpage.

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Ford, Bronco Builder Rev Up TM Fight Over Custom Builds

By Ivan Moreno

Ford Motor Co. and a custom Bronco builder are trying to pare down their trademark fight in dueling summary judgment bids, with Ford targeting defenses to its claims over Bronco-inspired SUVs and the defendants accusing the automaker of improperly renewing its Bronco registration while the model was out of production.

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TECHNOLOGY

Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

By Mike Curley

Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

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TRANSPORTATION

Feds' Crackdown Targets Commercial Trucking Fraud

By Linda Chiem

The Trump administration said Monday it is immediately shutting down 110 commercial driver's license schools for certifying truck drivers who can't read or speak English, and pledged to aggressively prosecute accused "fraudsters" who knowingly put untrained or unskilled truck drivers on American roads.

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ENERGY

NY's Landmark Climate Change Superfund Law Blocked

By Hailey Konnath

A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

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EXPERT ANALYSIS

How Texas' Protein Powder Probe Reflects Prop 65's Influence

Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

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Insurer Spoliation Ruling Flags Continuing Duty To Preserve

An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

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LEGAL INDUSTRY

Ex-Clifford Chance Attys Fight Bid To Toss Clawback Suit

By Ryan Boysen

The two partners facing a $6 million clawback demand by Clifford Chance LLP have again asked a federal judge to decide whether English or New York law should govern the arbitration, claiming the firm's partnership agreement is unclear.

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How Did Litigants Fare In Judge Albright's 55 Patent Trials?

By Dani Kass

U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

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New Report Rings Alarm On Threats To Judicial Independence

By Jack Karp

Verbal attacks on judges, disinformation about the courts and the defiance of court orders are undermining the independence of the federal judiciary and significantly affecting individual judges' ability to do their jobs, a report out Monday says.

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House Passes Bill To Curb Secret Prosecutor Orders

By Courtney Bublé

The House passed a bipartisan bill via voice vote Monday afternoon to add transparency to prosecutors' use of nondisclosure orders for telephone service providers.

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Brief

House Passes Bill Adding Texas, California Court Sites

By Courtney Bublé

The House voted 378-10 on Monday evening to expand access to federal courts in Texas and California, the two most populous states in the nation.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes over a $200 million federal grant, a $1.7 billion software take-private deal, the ouster of Better.com founder Vishal Garg and a proposed $4 million settlement stemming from an electric vehicle company's SPAC merger.

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Roundup

Hub Hires: MassBar, Kirkland, Troutman

By Chris Villani

Massachusetts' legal landscape saw a sizzling summer finish, with several major firms making hires. Kirkland added a veteran white collar defense attorney, Troutman bolstered its real estate team and Day Pitney nabbed an experienced corporate attorney.

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LAW FIRMS IN TODAY'S NEWS

Aaron Katz Law

Ali & Lockwood

Anapol Weiss

ArentFox Schiff

Baker Botts

Barclay Damon

Berger Montague

Bondurant Mixson

Bradley Bernstein Sands

Buchalter LLP

Bursor & Fisher

Case Law Group

Choate Hall

Clement & Murphy

Clifford Chance

Consovoy McCarthy

Cooley LLP

Cory Watson Attorneys

Cotchett Pitre

Covington & Burling

Davis Wright Tremaine

Day Pitney

Desmarais LLP

DiCello Levitt

Dickie McCamey

Duane Morris

Faegre Drinker

Freshfields

Gucovschi Law

Gupta Wessler

Hagens Berman

Hinckley Allen

Holland & Knight

Jackson Kelly PLLC

James & Carter

Kilpatrick Townsend

Kirkland & Ellis

Laukaitis Law

Lehotsky Keller

Levin Rojas

McDermott Will & Schulte

McGuireWoods

Morgan Lewis

Munck Wilson

Munger Tolles

Nelson Mullins

Nixon Peabody

Norton Rose

Prince Glover

Proskauer Rose

Ropes & Gray

Rubin Rudman

Sanders Aronova

Schaerr Jaffe

Sidley Austin

Singleton Schreiber

Siri & Glimstad

Steptoe LLP

Troutman

Troutman & Troutman

Willkie Farr

WilmerHale

COMPANIES IN TODAY'S NEWS

Abbott Laboratories

Alpha Metallurgical Resources Inc.

Amazon.com Inc.

American Petroleum Institute Inc.

Apple Inc.

BASF SE

Cable News Network Inc.

Center for Biological Diversity Inc.

Chevron Corp.

Cincinnati Financial Corp.

Cisco Systems Inc.

Discord Inc.

Ford Motor Co.

Google LLC

Growth Corp.

H.D. Smith LLC

Huntsman Corp.

Johnson & Johnson

Kellogg Co.

Kind LLC

LinkedIn Corp.

Lowe's Cos. Inc.

Lululemon Athletica Inc.

Macy's Inc.

Massachusetts Bar Association

McKinsey & Co. Inc.

Mead Johnson Nutrition Co.

Meta Platforms Inc.

Minder LLC

NCR Corp.

Natera Inc.

National Mining Association

New York University

Norfolk Southern Corp.

Olin Corp.

Roblox Corp.

Space Exploration Technologies Corp.

Starbucks Corp.

Supplying Demand Inc.

Tesla Inc.

The Business Council of New York State

The Home Depot Inc.

The New York Times Co.

The University of Alabama System

U.S. Chamber of Commerce

Walmart Inc.

Waymo LLC

Zimmer Biomet Holdings Inc.

Zuora Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

City of New York

Delaware Court of Chancery

European Union

Federal Bureau of Investigation

Federal Motor Carrier Safety Administration

Food and Drug Administration

Homeland Security Investigations

New York Attorney General's Office

Office of the Director of National Intelligence

Oregon Department of Environmental Quality

Oregon Department of Justice

Patent Trial and Appeal Board

Tennessee Attorney General's Office

Texas Attorney General's Office

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Transportation

U.S. District & Bankruptcy Courts of Southern District of Texas

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

U.S. District Court for the District of Delaware

U.S. District Court for the District of Oregon

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Environmental Protection Agency

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of the Virgin Islands

United States District Court for the Northern District of Alabama

United States District Court for the Northern District of Ohio

West Virginia Attorney General's Office