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Product Liability
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July 14, 2025
Law Student Burned At Mass. Frat Party Sues Everclear Maker
A Boston University exchange student who suffered third degree burns after 190-proof Everclear was poured near open fire at a fraternity party that created an explosive fireball sued the product's manufacturer in Massachusetts federal court Sunday, arguing it dangerously markets the product for wide range of uses near flammable sources.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 14, 2025
Feds Argue Trump's Energy Orders Should Not Be Blocked
The federal government is fighting an effort to block President Donald Trump's fossil fuel-boosting executive orders that was filed by youths alleging U.S. energy policies harm their future by exacerbating climate change.
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July 14, 2025
Amazon Aims To Flush 'Greenwashing' Toilet Paper Suit
Amazon.com Inc. is asking a Washington federal court to throw out a proposed class action alleging it "greenwashed" its toilet paper products by misleading consumers about the source of wood for the products, saying the plaintiffs can't read their subjective expectations into the labeling.
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July 14, 2025
Mazda Slams 'Frivolous' Filings In Tossed Oil Burning Suit
Mazda Motor of America Inc. is threatening sanctions against the leader of a now-dismissed proposed class action alleging it sold vehicles with an oil burning defect, saying he is retreading since-debunked arguments and misstating facts in his bid to revive his case.
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July 11, 2025
6th Circ. Tosses Arbitration Denial In FCA Minivan Fire MDL
A Michigan federal judge flubbed it when he denied Fiat Chrysler's bid to push into arbitration some of the plug-in hybrid minivan drivers who claim in multidistrict litigation that their vehicles could spontaneously explode, the Sixth Circuit ruled Thursday, saying the judge tipped the scales against the automaker by raising arguments the drivers hadn't mentioned.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Ethiopian Airlines Case Settles '2 Minutes' Before Last Hearing
A Chicago damages trial set for a man who lost his immediate family in an Ethiopian Airlines plane crash can be taken off the books because his case settled "literally two minutes" before his final pretrial hearing, attorneys told an Illinois federal judge Friday.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Cannabis Industry Group Praises Hemp Ban In Spending Bill
A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.
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July 11, 2025
3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm
The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.
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July 11, 2025
Tesla Faces Trial Over Fatal Autopilot Crash In Florida
The first third-party wrongful death case involving Tesla's autopilot system is headed to trial Monday in Miami federal court, where jurors will determine whether the autopilot was at fault for the death of a pedestrian in a Florida Keys crash.
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July 11, 2025
Gun Group's NJ Nuisance Law Case Paused Amid State Action
A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.
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July 11, 2025
Mich. Gun Store Seeks Escape From School Shooting Suit
A gun dealer has asked a Michigan state appellate court to dismiss a lawsuit over the sale of a gun used in a deadly school shooting, arguing it can't be held responsible for the buyer giving the gun to his son.
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July 11, 2025
2nd Circ. Backs NY Liability Law Targeting Gunmakers
The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.
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July 11, 2025
Stanley Mug Maker Seeks To Dodge Class Suit Over Lid Recall
The Seattle-based company behind the popular Stanley-brand tumbler is urging a Washington federal judge to throw out a proposed class action from consumers who alleged the company's travel mug is defective, criticizing the plaintiffs' counsel for "sprinting to the courthouse" even though the manufacturer offered replacement lids during a voluntary recall.
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July 11, 2025
Dow, Others Can't Duck NY Water District's Contamination Suit
Dow and two other companies must face a New York state water district's claims that they contaminated drinking water supply wells with a highly toxic chemical, a federal judge has said.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices
The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana
Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.
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July 10, 2025
Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption
Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
IVF Suits Highlight Need For Better Legal Frameworks
The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.