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Product Liability
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October 28, 2025
Pa. Homeowners Ask Justices To Revive Toll Bros. Suit
A group of 37 Pennsylvania homeowners urged the state's high court to revive their construction defects claims against major homebuilder Toll Brothers Inc. and its subsidiaries, arguing that an arbitrator wrongfully tossed their claims without conducting an evidentiary hearing.
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
Chancery Lets J&J, Dow Fight To Save Asbestos Data
The Delaware Chancery Court has refused to toss a suit by Johnson & Johnson, Dow Chemical and other major asbestos-defendant companies that are seeking to block a set of bankruptcy trusts from destroying decades of exposure data.
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October 27, 2025
Insurer, Roofer Settle $4.7M Poultry Farm Storm Damage Suit
An Arkansas federal judge on Monday dismissed with prejudice Norfolk & Dedham Mutual Fire Insurance Co.'s suit against Rogers Manufacturing Corp. over $4.7 million in damage from roof collapses after the parties told the court that they'd satisfied all the terms of a settlement reached earlier this month.
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October 27, 2025
Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.
An airport authority for Grand Rapids, Michigan, has urged the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court.
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October 27, 2025
Judge Tosses Eli Lilly Suit Over Telehealth Weight Loss Drugs
A California federal court has dismissed a lawsuit from Eli Lilly against a telehealth company and related entities over the compounding of its popular weight loss drugs Mounjaro and Zepbound, saying the pharmaceutical giant's complaint failed to plausibly allege claims under the Lanham Act and the state's false advertising and consumer protection laws.
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October 27, 2025
Amazon Sued By Conn. Family After Toy Battery Caught Fire
A Connecticut family says they were forced to vacate their home for 75 days and get rid of most of their possessions after a battery for model cars and trains purchased from Amazon exploded, setting the home on fire and releasing toxic fumes.
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October 27, 2025
Buyers Drop Gatorade Bar 'Health Halo' Suit Against Pepsi
A proposed class of consumers is dropping its suit against PepsiCo alleging it created a "deceptive health halo" around its Gatorade bar products by hyping up their high protein content while downplaying their high sugar content.
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October 27, 2025
Ex-Magellan CEO Avoids Prison Over Faulty Lead Tests
The former CEO of Magellan Diagnostics was sentenced in Massachusetts federal court Monday to a year of home confinement for failing to alert regulators to a problem in the company's lead-testing devices that resulted in inaccurately low lead levels being detected in blood samples.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Meta To Face Sanctions Bid Over Alleged Atty-Advice Fraud
Plaintiffs told the California federal judge presiding over social media-addiction multidistrict litigation that Meta should be sanctioned after a D.C. court found Meta likely engaged in "crime, fraud, and/or misconduct" when, on the advice of counsel, it modified its research into Facebook's effects on teens' mental health to limit its liability.
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October 24, 2025
Groups Ask Justices To Limit Jurisdiction In Audi Defect Fight
A leading automotive industry group asked the U.S. Supreme Court on Friday to tighten the limits on specific personal jurisdiction over foreign defendants, saying a California state appeals court improperly held that personal injury plaintiffs could haul German auto giant Audi AG to court in California.
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October 24, 2025
Pfizer Hit With More Suits Over Depo-Provera
Three women sued Pfizer this week in Florida federal court, alleging its hormonal contraceptive birth control shot Depo-Provera caused their brain tumors in the latest claims that the major drugmaker failed to warn of the link.
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October 24, 2025
Cannabis Company Cresco Wants Potency Suit Tossed
Cannabis giant Cresco Labs asked an Illinois federal judge to end a proposed class action accusing it and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that this is an issue for state lawmakers to handle, not the judiciary.
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October 24, 2025
NHTSA Seeks Answers From Tesla About 'Mad Max' Mode
The National Highway Traffic Safety Administration on Friday said it was seeking more information from Tesla about its new "Mad Max" driver assistance mode that can drive in traffic at higher speeds.
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October 24, 2025
US Steel Makes Midtrial Escape From Philly Asbestos Suit
U.S. Steel Company made a midtrial escape on Friday from a case by an estate seeking to hold the company liable for alleged exposure to asbestos that purportedly caused a woman's mesothelioma.
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October 24, 2025
Buyer Sues Target, Says Heated Blanket Burned Her
A Washington woman is suing Target Corp. and Berkshire Blanket & Home Co. Inc. in federal court, alleging she suffered severe burns to her toes when a heated blanket she bought overheated.
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October 24, 2025
Admin Of $600M Derailment Deal Accused Of 'Alarming' Errors
Class counsel who inked a $600 million derailment settlement with Norfolk Southern called on an Ohio federal judge to revoke nearly $10 million in fees paid to the case's prior settlement administrator after an initial audit found "alarming, large-scale errors" in its claims management.
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October 24, 2025
Campbell's Sued Over 'No Artificial Flavors' Cape Cod Chips
Campbell's falsely advertises its Cape Cod Kettle Cooked Potato Chips as containing "no artificial colors, flavors or preservatives" despite citric acid being an ingredient, which deceives consumers who prefer foods they think are healthier to consume, according to a proposed class action filed Thursday in New York federal court.
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October 24, 2025
Hagens Berman Wants Judge DQ, Alleges Drug Lawsuit Bias
Hagens Berman Sobol Shapiro LLP asserted Friday that the Pennsylvania federal judge overseeing the long-running thalidomide birth-defect litigation in the state should be recused, alleging over 100 undisclosed private contacts between the court and special discovery master as an indication of bias.
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October 24, 2025
NFL Players' Race Bias Claims Tossed In Concussion Case
A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.
Expert Analysis
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.