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Product Liability
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June 04, 2025
Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit
Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.
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June 04, 2025
Neighbor Says Cubs Don't Own Sounds, Smells Of Wrigley
A rooftop owner near Wrigley Field being sued by the Cubs for allegedly infringing its intellectual property rights asked a judge to dismiss counts of misappropriation and unjust enrichment, saying the club does not have rights to the lights, sounds and smells that leave its property.
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June 04, 2025
Apple Can Shield Info In NJ TikTok Addiction Suit
A New Jersey state court will allow Apple Inc. to inject itself into the state attorney general's high-profile lawsuit accusing TikTok of designing features that harm and cause addiction in children, allowing the manufacturer of the iPhone to argue, away from public view, that certain content in the lawsuit should be redacted.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 03, 2025
Egg Producer Beats Suit Over Salmonella Contamination
Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.
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June 03, 2025
PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial
Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
Seaplane Co. Spars With Manufacturer On Fatal Crash Cause
A Washington state charter flight company is seeking vindication in a state court lawsuit over a 2022 seaplane crash in the Seattle area that killed 10 people, contending that the plane's Canadian manufacturer is ultimately to blame because it lied to regulators about the model's airworthiness to get approval in the 1950s.
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June 03, 2025
MultiPlan Must Face Reimbursement Pricing Antitrust MDL
An Illinois federal judge on Tuesday largely rejected a bid by MultiPlan to ditch multidistrict litigation accusing the company of illegally fixing out-of-network reimbursement rates, trimming only unjust enrichment claims while allowing antitrust claims to move forward.
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June 03, 2025
'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says
A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.
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June 03, 2025
Electrical Parts Co. Owes $1M For Fire Loss, Insurer Says
A manufacturer of electrical cables is responsible for over $1 million in damages for a fire at a Philadelphia-based discount department store, an insurer told a Pennsylvania federal court, saying the blaze was caused by the manufacturer's defective armored cabling.
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June 03, 2025
Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row
Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
Norton Rose Adds K&L Gates Product Liability Litigator In LA
Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.
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June 03, 2025
Calif. Mazda Oil Leak Deal Dooms NC Class Claims
Mazda has escaped class claims alleging leaky valve stems caused cars to burn excessive oil when a North Carolina federal judge ruled that the driver didn't opt out of a similar class action settlement across the country in California.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
9th Circ. Sends Express Scripts Opioid Case To State Court
The Ninth Circuit sent California's public nuisance lawsuit against Express Scripts and OptumRx over opioid dispensing back to state court Monday and denied the pharmacy benefit managers' bid to stay the remand pending appeal, saying the U.S. Supreme Court's 2009 Nken decision controls, not its later Coinbase ruling.
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June 02, 2025
Alaska Airlines, Flyers Say Boeing Can't Ditch Calif. Blowout Suit
Boeing's extensive business ties to California sufficiently establish a Golden State federal court's specific personal jurisdiction over a lawsuit stemming from a January 2024 midair door plug blowout aboard an Alaska Airlines flight, the airline and passengers told a federal judge Friday.
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June 02, 2025
Iowa Taking Fight Over E-Cigarette Law To 8th Circ.
Iowa's Department of Revenue is taking a decision blocking it from enforcing a new law prohibiting the sale of many e-cigarettes to the Eighth Circuit, according to documents filed recently in Iowa federal court.
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June 02, 2025
Md. Gun Law Shouldn't Be Blocked, Baltimore Mayor Says
Legal scholars, gun violence prevention organizations and Baltimore's city council are all lining up to tell a federal court why they think stopping the state of Maryland from enforcing a law that would hold gunmakers liable for gun-related crimes would be a bad idea.
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June 02, 2025
Kansas City Chiefs Parade Victims Sue Gun Sellers, Organizers
Fans who were injured in a mass shooting that broke out at the Kansas City Chiefs' Super Bowl parade last year filed a lawsuit Monday in Missouri state court accusing gun sellers of lax sales practices and the event planners of failing to employ adequate security measures.
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June 02, 2025
Ga. Panel Urged To Back $17M Honda Seatbelt Verdict
A Georgia man whose wife was killed after being ejected from her Honda SUV asked a Georgia appellate panel Monday to uphold a $17 million verdict against the automaker, urging the court to reject Honda's arguments that it was wrongly denied the chance to defend itself after its attorneys introduced prohibited materials at the trial's opening.
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June 02, 2025
Ill. Budget Increases Taxes On Tobacco, Online Sports Books
Illinois' Democratic-controlled General Assembly passed a $55 billion budget for fiscal 2026, including about $800 million in targeted tax hikes on tobacco, vaping and online sports betting.
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June 02, 2025
Insurance Experts Examine AI's Challenges For Underwriting
Academics, attorneys and insurance industry officials took a look at the myriad ways artificial intelligence could affect the "insurance value chain," as one conference panelist put it, across claims, litigation and underwriting, including the coverage of AI-related occurrences themselves.
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June 02, 2025
4 Mass. Rulings You May Have Missed In May
Massachusetts judges grappled with accusations of fraud in the sale of a struggling life sciences company and gave the benefit of the doubt to a vendor who allegedly sold the state gallons of ineffective hand sanitizer, among other notable rulings last month.
Expert Analysis
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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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.