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Product Liability
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June 26, 2025
Boeing Wins Discovery Stay In Chancery Derivative Suit
Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.
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June 26, 2025
Kroger, Growers Sued Over Frozen Mango Contamination
The Kroger Co., family-owned grower Townsend Farms Inc., SunOpta Grains and Foods Inc. and two unnamed corporations have been sued in Georgia federal court over allegations that a man developed a listeria infection after buying a frozen mango product from a Kroger in Douglasville, Georgia.
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June 26, 2025
Volvo EV Defect Causes Sudden Acceleration, Suit Says
Volvo drivers filed a proposed class action in California federal court Wednesday alleging it concealed a latent systemic safety defect in some of its XC40 Recharge electric vehicles that cause them to behave erratically and dangerously, where they'd unexpectedly accelerate or lurch, even when drivers' feet are off the gas.
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June 26, 2025
Imerys Insurers Continue To Take Issue With Ch. 11 Plans
Insurers that do not support talc producer Imerys Talc America's updated Chapter 11 plan told a Delaware judge Thursday that moving too swiftly toward confirmation of the new proposal will have the same results as an earlier effort, when the debtor asked to pause the proceedings after about a week.
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis
Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.
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June 26, 2025
Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit
A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
4th Circ. Clears Cab Guard Seller In Trucker's Death Suit
The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.
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June 25, 2025
Monsanto Stuck With $3.5M RoundUp Verdict After Appeal
A Pennsylvania appeals court Wednesday refused to wipe out a $3.5 million verdict against Monsanto for a cancer patient who blamed Roundup for her disease, saying Monsanto's trial evidence the weedkiller is EPA-approved and the company complied with industry standards "does not preclude the jury" from awarding punitive damages.
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June 25, 2025
OTC Pills Are Opioid In Disguise, Consumer Says
A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.
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June 25, 2025
Edgewell Deodorant Burn Claims Dropped From Conn. Court
Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Albertsons Reaches Terms To End Action Over Cereal Bars
Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.
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June 25, 2025
3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'
Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.
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June 25, 2025
Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid
Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 25, 2025
Paper Products Co. Settles Mich. AG's PFAS Lawsuit
A manufacturer of paper products has agreed to clean up a composting site to resolve allegations the company dumped paper sludge containing hazardous PFAS chemicals, Michigan's attorney general announced on Wednesday.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Minn. Water Co. Prevails In Retained Limit Coverage Row
A water purification company that's faced a bevy of product liability lawsuits over a disinfectant product needs to pay only one $5 million retained limit before a Chubb unit's coverage obligations under umbrella policies potentially kick in for one of the underlying cases, a Minnesota federal court ruled.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier
A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.
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June 24, 2025
Apple Users Who Lost Cert. In Storage Suit File New Case
A group of Apple customers from New Jersey and Illinois who were denied class certification last year in a suit alleging the company falsely markets the storage capacity of 16-gigabyte iPhones and iPads preinstalled with the iOS 8 operating system filed a new proposed class action Monday in California federal court.
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June 24, 2025
No Coverage For Oil Co. Accused Of Pipe Scheme, Court Told
Everest Indemnity Insurance Co. is asking a southern Texas federal court to rule that it is not required to indemnify a Houston energy equipment company accused of defrauding an oil and gas operator through faulty pipes.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.