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Product Liability
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August 05, 2025
Lead Kicked From Pharma Investor Case Over Rogue Emails
The lead plaintiff in a securities class action against Spectrum Pharmaceuticals in Manhattan federal court was removed from the case Tuesday when a federal judge found he broke confidentiality rules by going behind his lawyers' backs in an attempt to push his own settlement plan and fixating on unrelated conspiracy theories.
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August 05, 2025
Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders
A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.
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August 05, 2025
Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks
A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.
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August 05, 2025
Calif. City Sanctioned Over Missing Reports In Dow, PPG Case
A San Francisco Superior Court judge found that a California city that's pursued decades-long litigation against Dow Chemical and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites "committed egregious discovery violations" by destroying and concealing 1991 reports related to the chemicals leaking into the city's groundwater.
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August 05, 2025
Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church
A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.
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August 05, 2025
Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal
A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.
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August 05, 2025
Tesla Hit With Suit Over Autonomous Vehicle Issues
A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.
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August 05, 2025
Alaska Airlines Can't Nix Flight Attendant's Surgery Win
A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.
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August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees
The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
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August 04, 2025
FCA Juror's Possible Conflict Can't Justify Retrial, Judge Says
A class action trial against Fiat Chrysler in 2023 was not tainted by a juror whose employer was negotiating a deal with the automaker's parent company Stellantis NV, a Massachusetts federal judge ruled Friday, rejecting a bid by a class of drivers who sued over allegedly defective headrests.
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August 04, 2025
MOVEit Data Breach MDL Advances With Slimmed Frame
A Massachusetts federal judge has pared down but declined to toss sprawling multidistrict litigation over a data breach tied to Progress Software's MOVEIt file transfer tool, with negligence and several other claims allowed to proceed against the software vendor and four bellwether groups of companies that used the tool.
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August 04, 2025
Fiat Chrysler, Drivers Seek OK Of Truck Defect Settlement
A group of Dodge Ram drivers has asked a federal judge to preliminarily approve a class settlement resolving claims that Fiat Chrysler sold trucks with a defect that causes vehicle fires.
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August 04, 2025
Italian Pipe Co. Can't Upend Tex-Isle's $2.2M Arb. Award
A New York federal judge will not disturb a $2.2 million arbitration award in favor of Tex-Isle Supply Inc. against an Italian pipe maker over alleged defects, saying the Italian company's disagreement with the arbitrator's findings is not grounds to vacate the award.
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August 04, 2025
Imperial Tobacco Seeks US Approval Of CA$32B Restructuring
Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.
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August 04, 2025
Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5M
Olaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering.
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August 04, 2025
Hemp Org. Applauds Removal Of Ban From Spending Bill
A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.
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August 04, 2025
Logan Paul Energy Drink Co.'s False Ad Suit Tossed For Good
A New York federal judge has thrown out a consolidated suit alleging Logan Paul's Prime Hydration LLC misleads consumers by selling energy drinks with more caffeine than advertised, saying a "smidgen" more caffeine is not material to the kind of buyer who is already buying a drink with twice the caffeine of its competitors.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Judge Sends Asbestos Coverage Row Back To State Court
A Michigan federal judge on Monday remanded to state court a dispute over the allocation of commercial general liability coverage for nationwide asbestos injury suits, reasoning from the bench that defendants who are served after a case is removed to federal court should have the right to challenge that forum change.
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August 04, 2025
Boeing Settles Defunct African Airline's 737 Max Fraud Suit
Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
7th Circ. Won't Put Chicago Climate Change Suit On Hold
The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
9th Circ. Partially Revives Child Porn Victims' Suit Against X
The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.
Expert Analysis
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Opinion
Asbestos Trusts' Records Purge Threatens Claims Process
Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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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.