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Product Liability
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September 02, 2025
Harley-Davidson Riders Want Another Look At Warranty Case
Customers targeting Harley-Davidson's motorcycle warranties are asking the Seventh Circuit for a rehearing, arguing that an appeals panel misconstrued language in the warranties and was wrong to reject claims that the company competes in a market for American motorcycles.
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September 02, 2025
Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse
A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.
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September 02, 2025
Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit
A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.
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September 02, 2025
CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits
CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.
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September 02, 2025
Defective Vascular Port Caused Man's Death, Suit Says
The family of a Floridian who died after being implanted with an AngioDynamics Inc. vascular port hit the company with a suit in California federal court alleging that the device is defective and can cause multiple severe injuries including sepsis and death.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Pfizer Sued Over Depo-Provera Brain Tumor Risks
A Louisiana woman sued Pfizer Inc. in Florida federal court, claiming the company's birth control shot Depo-Provera caused her to develop a brain tumor and the drugmaker knew for years about the risk but never warned patients or doctors.
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August 29, 2025
Vape Groups Say Wisconsin Law Preempted By Federal Policy
A coalition of vaping interests urged a Wisconsin federal judge not to dismiss their challenge to a new state law that bans the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, a law they allege is blocked by federal policy.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 29, 2025
Tesla Tries To Undo $329M Autopilot Crash Verdict
Tesla told a Florida federal judge Friday that a recent $329 million verdict finding its autopilot contributed to a fatal 2019 crash "flies in the face of basic Florida tort law, the due process clause, and common sense," and urged the court to set it aside.
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August 28, 2025
3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight
The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.
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August 28, 2025
'Still A Mess': Colo. Special Session Fails To Deliver AI Clarity
During its recently concluded special session, the Colorado Legislature extended the implementation deadline for the state's groundbreaking artificial intelligence law but failed to make any substantial changes to the legislation, leaving companies to face continued uncertainty on the scope of liability and other pressing issues.
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August 28, 2025
Black Owner Of Hemp Shop Accuses LA Police Of Illicit Raids
A Black entrepreneur claims that the Los Angeles Police Department conducted multiple unlawful raids on his hemp shop that ultimately put him out of business, according to a lawsuit filed in California federal court that seeks $15 million in damages and suggests that the police's targeting was racially motivated.
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August 28, 2025
Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns
Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.
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August 28, 2025
Cincoro Tequila Falls Short Of 'Gold Standard,' Suit Says
Cincoro tequila isn't truly 100% agave under authenticity and quality regulatory standards, but instead contains significant amounts of ethanol "not derived from agave plants," a proposed class action filed in Florida federal court alleges.
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August 28, 2025
EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs
The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.
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August 28, 2025
Roblox, Discord Accused Of Failing To Protect 11-Year-Old
Roblox and Discord have been hit with yet another lawsuit alleging the online platforms aren't safe for children and that they allow predators to groom youth, with the latest complaint filed by a Michigan woman who claims she was only 11 years old when she was exploited by an adult predator.
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Ford Hit With Suit Over F-150 Oil Consumption Defect
Ford Motor Co. was hit with a proposed class action Thursday alleging that the automaker marketed its top-selling F-150 pickup trucks as "durable" and "best in class," but they have a defect that causes them to consume oil "at an excessive rate" that affects the vehicle longevity.
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August 28, 2025
FedArb Hires Ex-RTX Legal Chief As Commercial Mediator
California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss
A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.
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August 27, 2025
Judge Unsure AI Drugmaker Investors Backed Retooled Suit
A Connecticut federal judge seemed open to dismissing a securities suit alleging an artificial intelligence-driven drugmaker's executives misled investors about compliance issues plaguing a dementia drug, suggesting during a hearing Wednesday that the amended complaint may not have enough factual support.
Expert Analysis
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.