OpenAI Sued Over Epilepsy Death Allegedly Tied To ChatGPT

By Emily Field

​The parents of a Chinese national with epilepsy who died earlier this year sued OpenAI on Tuesday in California state court, alleging ChatGPT was effectively practicing medicine without a license when it designed a tapering schedule for the anti-seizure medication that was keeping their daughter alive.

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Healthcare In Court

Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

By Gianna Ferrarin

Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

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New Jersey Says DuPont Deal Bars Town's $1B PFAS Claims

By George Woolston

The New Jersey Department of Environmental Protection backed various DuPont entities' bid to toss the remaining claims in a municipality's $1 billion lawsuit over forever chemical contamination stemming from a longtime DuPont facility, arguing that a landmark settlement the state reached earlier this year bars the claims.

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Celsius Sued Over Claims That Energy Drink Burns Fat

By Jonathan Capriel

The makers of Celsius energy drink falsely imply that their beverage "burns body fat" while hiding in "tiny, hidden text" on the cans' reverse side qualifiers, and largely concealed the fact that their marketing claims stem from a company-funded study, according to a federal lawsuit that accuses the company of "healthwashing."

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Bic Sues California Shops Over Counterfeit Lighters

By Mike Curley

Bic Corp. has filed several suits against wholesalers, gas stations, vape shops and other retailers in California federal court, alleging they've been selling counterfeit lighters that use Bic's designs and logos.

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Weyerhaeuser Targeted In New Suit Over Wash. Mill Implosion

By Ben Adlin

The families of two workers killed in a May chemical tank rupture at a Washington paper mill filed a wrongful death lawsuit in Washington state court against plant operator Nippon Dynawave Packaging Co. LLC and former owner Weyerhaeuser Co., alleging negligence in the tank's installation and use.

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Carmaker FCA Inks $5M Deal To Settle Jeep Hybrid Defect Suit

By Dorothy Atkins

FCA US LLC has agreed to pay up to $5 million to resolve proposed class claims alleging it sold Jeep Wrangler plug-in hybrid vehicles with a defect that renders electric driving unavailable, while class counsel plans to seek an additional $2 million in fees, costs, expenses and incentive awards.

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Anthropic's 'Existential Risks' Warning Sets Stage For AI IPOs

By Sarah Jarvis

Anthropic PBC's registration statement includes more than 90 pages of risk disclosures for prospective investors ahead of the Claude developer's planned public offering, including "existential risks to humanity" posed by advanced artificial intelligence and a corporate governance structure the company warns may make it difficult for voting shareholders to replace directors and managers.

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Snapchat Accused Of Letting Predators Exploit Kids

By P.J. D'Annunzio

The company behind the popular app Snapchat has been sued in Philadelphia court by a group of parents alleging that the platform allowed predators to sexually exploit their children while at the same time holding itself out to be a safe place for kids.

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Tyler Tech. To Pay $1.5M To Settle NC ECourts Class Action

By Matt Perez

Attorneys for a proposed class that alleged glitches in North Carolina's electronic court system led to scores of individuals being wrongfully arrested or detained asked a federal court on Monday to approve a $1.5 million settlement with the software's developer Tyler Technologies.

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Amazon Says 'Net Impression' Can't Support Seafood Suit

By Mike Curley

Amazon.com is asking a Washington federal judge to throw out a suit alleging that it misleads consumers about the sustainability of seafood products sold on the platform, saying the plaintiffs cannot base their suit on a "net impression" of claims Amazon never made.

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Spotify Beats Rapper's Bot-Streaming Royalty Suit For Good

By Ivan Moreno

A California federal judge has permanently dismissed rapper RBX's proposed class action accusing Spotify of failing to stop bots that distort streaming data and royalty payments, finding the platform had no duty to protect artists from third-party misconduct and rejecting his theory that Spotify selectively enforced its anti-fraud measures in favor of popular acts.

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Opinion

Justices' Climate Ruling Should Preserve State Tort Claims

As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

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NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

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Tort Liability When AI Goes Rogue: Strict Liability

If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

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At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

By Jeff Overley

The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

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Brief

Fenwick & West To Match $235K Salary Scale For Associates

By Tracey Read

Fenwick & West LLP is reportedly the latest firm that will raise associate pay in the new year.

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Ex-Fla. Bar Prez Accused Of Botching $350M Estate Claim

By Carolina Bolado

The widow of a Miami real estate investor is suing a former president of the Florida Bar for malpractice, claiming his botched representation left her without a claim to her late husband's $350 million estate.

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Analysis

3 Federal Circuit Clashes To Watch In November

By Ryan Davis

A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

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4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

By Rose Krebs

The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

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