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Product Liability
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September 29, 2025
11th Circ. Backs Somatics' Win In Man's Brain Damage Suit
The Eleventh Circuit on Monday sided with Somatics LLC in a suit from a man who alleged that he suffered brain damage from treatments using one of its electroshock therapy devices, finding that the trial court was within its discretion when it dismissed and consolidated some of his claims for trial.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Worker Sues Over Fall Of U.S. Steel Tower Elevator
A worker says a freight elevator in downtown Pittsburgh's U.S. Steel Tower malfunctioned and dropped him four flights while he was taking it to work, causing injuries to his right ankle that needed surgeries, according to a complaint in Pennsylvania state court.
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September 29, 2025
Porsche Owners Say EV Update Doubled Charge Times
A proposed class of Porsche buyers is suing the company's North American wing in Georgia federal court, saying an update that was supposed to address overheating in chargers for electronic and hybrid vehicles has resulted in charge times that are double what was advertised.
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September 29, 2025
Apple Watch Failed To Detect Fall, Mass. Woman Alleges
A Massachusetts woman who suffered a serious brain injury when she fell down her basement stairs says the Apple Watch she purchased specifically for its fall detection feature failed to call 911, leaving her to spend 13 hours without medical help.
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September 26, 2025
Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row
Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.
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September 26, 2025
Facial Machine Maker Can't Slough Off Investor Suit
Salon treatment equipment maker the Beauty Health Company can't shed claims it hurt investors by hiding critical design issues affecting its Syndeo hydrodermabrasion facial machine detailed in an "exhaustive" complaint, a California federal judge has determined.
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September 26, 2025
Crash Survivor Says Hyundai SUV's Seats Were Defective
The survivor of a "catastrophic" rear end collision, which killed his wife and left him paraplegic, is suing the driver who hit him and the Hyundai Motor Co., claiming it designed and manufactured an SUV unable to keep occupants safe when struck from behind.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Judge Backs Settlement In WanaBana Lead Poisoning Case
A federal judge in Florida on Friday recommended approving a confidential settlement between Dollar Tree and the parents of a toddler who consumed lead from WanaBana cinnamon applesauce pouches, saying it's in the child's best interests given the ongoing litigation over the recalled snacks.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
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September 26, 2025
Boeing Calls Polish Airlines' Motion In 737 Case Overbroad
Boeing is urging a Washington federal court to deny a motion from LOT Polish Airlines in LOT's contract suit over 737 Max planes it leased, saying LOT seeks to admit far more evidence than could be relevant or addressed in the time allotted for trial.
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September 26, 2025
Holland & Hart Brings On Perkins Coie Commercial Litigator
Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
NJ Fed Courts Tighten Rules On Anti-Counterfeiting Suits
Citing an "uptick" in intellectual property theft suits against online counterfeiters, New Jersey's chief district judge issued a new standing order Thursday tightening rules on infringement suits that often name numerous defendants.
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva
A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.
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September 25, 2025
Boeing Asks Chancery To Ground 737 Max Derivative Suit
Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.
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September 25, 2025
PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables
PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.
Expert Analysis
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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.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.