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Product Liability
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June 25, 2025
Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid
Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 25, 2025
Paper Products Co. Settles Mich. AG's PFAS Lawsuit
A manufacturer of paper products has agreed to clean up a composting site to resolve allegations the company dumped paper sludge containing hazardous PFAS chemicals, Michigan's attorney general announced on Wednesday.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Minn. Water Co. Prevails In Retained Limit Coverage Row
A water purification company that's faced a bevy of product liability lawsuits over a disinfectant product needs to pay only one $5 million retained limit before a Chubb unit's coverage obligations under umbrella policies potentially kick in for one of the underlying cases, a Minnesota federal court ruled.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier
A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.
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June 24, 2025
Apple Users Who Lost Cert. In Storage Suit File New Case
A group of Apple customers from New Jersey and Illinois who were denied class certification last year in a suit alleging the company falsely markets the storage capacity of 16-gigabyte iPhones and iPads preinstalled with the iOS 8 operating system filed a new proposed class action Monday in California federal court.
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June 24, 2025
No Coverage For Oil Co. Accused Of Pipe Scheme, Court Told
Everest Indemnity Insurance Co. is asking a southern Texas federal court to rule that it is not required to indemnify a Houston energy equipment company accused of defrauding an oil and gas operator through faulty pipes.
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June 24, 2025
Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales
Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.
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June 24, 2025
Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short
Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.
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June 24, 2025
Father Sues Truck Manufacturer Over Son's Death From Heat
The father of a delivery driver is suing truck manufacturer Morgan Olson LLC in Michigan federal court, alleging that its trucks are defectively designed with cargo compartments without any climate control and that the high temperatures in the trucks led to his son's death.
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Judge Lets Trimmed Crocs Shrinkage Suit Proceed
Consumers who sued Crocs Inc. claiming their shoes shrank under normal heat and exposure to the sun saw their claims partially trimmed by a California federal judge, who said the buyers haven't pointed to specific ads that say the footwear is made for sunny days.
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June 23, 2025
Samsung Back On Hook To Pay $10M Over Exploding Battery
Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.
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June 23, 2025
Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit
Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.
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June 23, 2025
Cessna Maker Says Crash Suits Lack 'Jurisdictional Hook'
The maker of a Cessna private jet that crashed in Connecticut, killing four people, including a married pair of New England doctors, told a state court judge Monday that it is not subject to the personal jurisdiction of the state's courts, so two product liability lawsuits against it must be dismissed.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
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June 23, 2025
Imerys Ditches Italian Talc Unit In Updated Ch. 11 Plan
Bankrupt talc producer Imerys Talc America has filed an updated Chapter 11 plan that contemplates the dismissal of its Italian affiliate from the case, noting that skepticism from a Delaware bankruptcy judge about the unit's ability to survive a challenge to its bankruptcy filing led to the decision.
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June 23, 2025
Paxton, Airline Co. Ask To Take Biz Doc Case Out Of 5th Circ.
The Texas attorney general's office and an airline parts manufacturer have agreed to remove a dispute over a state law allowing the office to examine business records from the Fifth Circuit back to district court.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Ga. Family Slams Ford's New Trial Bid In $2.5B Rollover Case
A Georgia family hoping to safeguard its $2.5 billion punitive damages verdict against Ford Motor Co. has urged a federal judge to reject the auto giant's bid to introduce interviews it says will show jurors were aware of a prior verdict faulting the company for similar rollover deaths.
Expert Analysis
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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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.