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Product Liability
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Customer Sues Amazon Over Burns From Heating Pad
A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
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April 22, 2025
Tesla Reaches Settlement With Widow In Wrongful Death Suit
Tesla Inc. has reached a settlement resolving a woman's wrongful death suit claiming her husband was killed after his Tesla Model Y suddenly accelerated and crashed into a gas station pump support column, according to a notice filed Monday in California federal court.
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April 22, 2025
Cummins Inc. Can't Dodge Engine Warranty Class Claims
A Michigan federal judge on Monday said Cummins Inc. must face a trucking company's proposed class action alleging the engine maker routinely cites dust damage to refuse warranty replacements and repairs without determining if it really was the cause.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
Amazon Settles Suit Over Deadly La. House Fire
Amazon.com Inc. and the family of a man who died in a house fire caused by a faulty battery charger sold on the online platform have reached a settlement ending a wrongful death suit, with a Louisiana federal judge dismissing the case with prejudice on Tuesday.
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April 22, 2025
Subaru Buyers' Attys Get $7.25M As Windshield Deal OK'd
A New Jersey federal judge on Monday gave final approval to a settlement between Subaru and a class of nearly 2 million customers in a suit that accused the automaker of selling vehicles with windshields vulnerable to cracks and other breakage, and granted class counsel $7.25 million in attorney fees.
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April 21, 2025
5th Circ. Lifts Block On Mississippi Social Media Law
The Fifth Circuit lifted a preliminary injunction on a Mississippi law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, saying that under the U.S. Supreme Court's 2024 decision in Moody, a "more detailed analysis" of the act is required.
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April 21, 2025
'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit
A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.
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April 21, 2025
New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit
Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.
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April 21, 2025
Kentuckian Sues Medtronic, FDA Over Spinal Cord Stimulator
A Kentucky woman has hit Medtronic and the U.S. Food and Drug Administration with a suit alleging that a 41-year-old spinal cord stimulator device worsened her pain, and that updates to the device over the years weren't diligently reviewed by the agency.
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April 21, 2025
DraftKings Targeted Gambling Addicts, Suit Claims
Online gambling giant DraftKings Inc. and a subsidiary have been hit with a proposed class action accusing them of engaging in a range of deceptive practices including knowingly targeting people suffering from gambling addiction and allowing those on Pennsylvania's self-exclusion gambling list to open new accounts.
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April 21, 2025
Ozempic Maker, Texas Pharmacy Settle Knockoff Drug Claims
The manufacturer behind the Ozempic weight loss drug buried the hatchet with a Houston-area pharmacy it accused of selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient, with the pharmacy agreeing to never again market compounded semaglutide drugs.
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
Insurers Clash Over Coverage In Racetrack Injury Suit
Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other companies had wrongly declined coverage for subsidiaries of the insured.
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April 21, 2025
High Court Won't Review University Of Michigan's Gun Ban
The U.S. Supreme Court rejected a challenge to the University of Michigan's campus firearms ban Monday, leaving in place a lower court's ruling that the university is a "sensitive place" that may restrict guns.
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April 21, 2025
Former Florida US Atty Returns To Pillsbury In Miami
A recent U.S. attorney for the Southern District of Florida returned to his former firm, Pillsbury Winthrop Shaw Pittman LLP, to continue his work as a partner in its Miami office.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
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April 18, 2025
Sig Sauer Gun Gear Recall Doesn't Fix Past Harm, Buyer Says
A Texas man is pushing back on gunmaker Sig Sauer Inc.'s bid seeking to end his lawsuit over a firearm-mounted product that had a faulty cap — allowing children easy access to a dangerous battery — telling a federal judge Friday that the company's recall doesn't resolve his claims.
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
Nitrous Companies Decline Liability For Misused Products
The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
Factory Worker Drops Injury Suit Over Cessna Crash
A factory worker has dropped his personal injury suit against aircraft company Textron Aviation Inc. over a Cessna Citation 560XLS+ plane that crashed into his workplace, according to a filing in Connecticut state court.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.