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Product Liability
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April 02, 2025
Ill. Parade Shooting Survivors Can Sue Smith & Wesson
Smith & Wesson and gun retailers can't escape a lawsuit brought by families of victims of a mass shooting that killed seven people during a 2022 July Fourth parade in Highland Park, an Illinois state judge has ruled, largely denying their requests to apply immunity found in federal law that would have shielded them from civil liability.
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April 02, 2025
Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says
Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
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April 02, 2025
Parents, Distributor Settle Suit Over Baby Lounger Death
The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful
Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.
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April 02, 2025
National Highway Agency's Ex-Top Counsel Joins Sidley In DC
Sidley Austin LLP has hired the former chief counsel of the agency responsible for oversight of the safety of America's roadways, who joins the firm to co-lead its global automotive and mobility industry group, one of several roles he'll have in its D.C. office, the firm recently announced.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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April 01, 2025
PacifiCorp Owes Another $36M After Latest Wildfire Trial
An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.
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April 01, 2025
Norfolk Southern Asks Jury To Spread Blame For Ohio Crash
Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.
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April 01, 2025
Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits
Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.
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April 01, 2025
Berkshire Unit Denied Reimbursement For Asbestos Coverage
Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn't allege an occurrence within the two excess insurers' policy periods.
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April 01, 2025
Two More Pharmacies Hit With Eli Lilly Weight Loss Drug Suits
Eli Lilly and Co. filed another round of lawsuits Tuesday accusing compounding pharmacies of selling copycat versions of its weight loss and diabetes medications, saying in New Jersey and Delaware federal courts that two online pharmacies are deceiving consumers about their knockoff products.
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April 01, 2025
Gun Shield Law Preempts Pennsylvania Parents' Liability Suit
Firearms manufacturer Springfield Armory Inc. can't be held liable for a boy's death caused after a fellow minor inadvertently shot him, the Pennsylvania Supreme Court has ruled, finding constitutional a federal law that shields gunmakers from product liability litigation involving incidents where their products are used during criminal acts.
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April 01, 2025
NC Judge Affirms $68M Arbitration Award For Volvo
A North Carolina judge affirmed a $68 million arbitration award Tuesday in Volvo Group North America LLC's favor over a Mexican auto parts manufacturer it accused of supplying the company with defective input shafts, an award that Volvo's counsel said is possibly the largest in the Tar Heel State court history.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
French Auto Co., Ford Supplier Settle $4.5M Sensor Suit
A U.S. automotive supplier has resolved its lawsuit accusing a unit of a French automotive company of failing to cover costs incurred from warranty claims because it sold defective speed sensors that were later built into Ford vehicles, according to a Monday order closing the case.
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April 01, 2025
11th Circ. Urged To Grant New Trial Over Electroshock Injury
A Nebraska man urged the Eleventh Circuit on Tuesday to grant a new trial over his claims that he sustained brain damage after undergoing multiple sessions of electroconvulsive shock therapy, arguing that the lower court committed at least three errors that warrant reversal on independent grounds.
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April 01, 2025
Tyler Tech Denied Early Exit From NC Civil Rights Class Action
Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.
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April 01, 2025
King & Spalding Hires Mayer Brown PFAS Expert In NY
King & Spalding LLP is expanding its mass torts team, bringing in a Mayer Brown LLP product liability and "forever chemicals" specialist as a partner in its New York office.
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April 01, 2025
Maserati Beats Liability Suit Over Fire At NBA Star's House
A New Jersey federal judge has ruled that Maserati is not at fault for a 2021 fire that destroyed a garage and damaged a home rented to National Basketball Association star Tyrese Maxey, handing a win to the automaker in a product liability suit.
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April 01, 2025
NC Panel Told To Cut Textron Loose From Plane Crash Case
Textron Inc. doesn't belong in a products liability suit involving malfunctioning cables that allegedly caused a plane crash, the conglomerate has told the North Carolina Court of Appeals, arguing it doesn't make the cables at issue or do business in the Tar Heel state.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
Expert Analysis
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.