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Product Liability
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
Ghost-Gun Seller Settles Suit Over Accidental Shooting
A maker of so-called ghost gun kits has settled a suit brought in Georgia federal court by a woman who blames the company for the severe brain injuries suffered by her son who was accidentally shot by his friend with a ghost gun.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 14, 2025
Justices Allow Mississippi's Social Media Age Verification Law
The U.S. Supreme Court said Thursday that social media giants like Facebook, X, YouTube and Reddit must comply with a Mississippi law that requires platforms to verify users' ages and obtain parental consent before minors can create accounts, while the companies challenge its constitutionality.
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August 13, 2025
Whole Foods Battles Dismissal Bids In $1M Asbestos Suit
Grocery giant Whole Foods aimed to fend off dismissal bids Wednesday from a shopping plaza owner and landlord, telling the North Carolina Business Court that it sufficiently alleged contract breaches that led to asbestos entering one of its stores.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Colo. AG To Stay Enforcement Of Gas Stove Labeling Law
The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.
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August 13, 2025
Holster Maker Absolved In Sig Sauer Pistol Defect Suit
Holster maker Wintrode Enterprises Inc. isn't to blame for a pistol discharging without warning into a man's leg while he was sitting on his motorcycle, a North Carolina federal judge said Wednesday in granting it summary judgment.
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August 13, 2025
JPML Consolidates 11 Delta Crash Landing Suits In Minn.
The U.S. Judicial Panel on Multidistrict Litigation has consolidated 11 lawsuits against Delta Air Lines over a "violent crash" in Toronto, in which its plane caught fire after flipping upside down, in the District of Minnesota, where they may later be joined by eight additional suits.
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August 13, 2025
Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits
Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Suit Claims UPPAbaby Car Seats Asphyxiate Infants
A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.
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August 13, 2025
Ill. Woman Who Lost Legs Says Boat's Design Was Defective
An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.
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August 13, 2025
Kellogg's Will Nix Artificial Cereal Dyes, Texas AG Says
WK Kellogg Co. has agreed to stop using artificial food coloring in its cereals within the next couple of years, the Texas Attorney General's Office announced Wednesday.
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August 13, 2025
Berkshire Hathaway Unit Can't End RV Wiring Defect Suit
A Berkshire Hathaway-owned RV maker cannot end a class action alleging it was negligent in the wiring of its vehicles such that they are prone to fires, because a Montana federal judge found there are questions for a jury regarding whether that wiring was up to industry standards.
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August 12, 2025
Split Del. Justices Back Insurers In 3M Earplug Coverage Fight
A split Delaware Supreme Court on Tuesday upheld a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of subsidiary Aearo Technologies' insurance policies.
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August 12, 2025
Judge, Terumo Attorney Spar Over 'Final Judgment' Case
A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute
A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
4th Circ. Affirms Toss Of Last Claim In CSX Flooding Suit
The Fourth Circuit affirmed summary judgment Tuesday to CSX Transportation Inc. on a remaining breach of contract claim in a suit by residents and businesses of Lumberton, North Carolina, who claim CSX wrongly prevented the city from sandbagging its railroad route to prevent flooding during storms in 2016 and 2018.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Samsung, Home Depot Get Stove Fire Suit Tossed For Now
A Pennsylvania federal judge has thrown out a couple's suit alleging an oven and stovetop made by Samsung Electronics America Inc. and sold by The Home Depot USA Inc. caused a fire that damaged their home, saying the complaint contains only conclusory allegations without facts to back them up.
Expert Analysis
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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.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.