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Product Liability
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August 19, 2025
2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row
The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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August 19, 2025
Panel Weighs Ga. High Court Ruling In Sham Donor Suit
Customers who accused a sperm bank of selling sperm without disclosing the true medical and criminal histories of donors urged the Georgia Court of Appeals to revive their lawsuits Tuesday, arguing the dismissals were based on a misreading of a 2020 decision from the state's high court.
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August 19, 2025
Onewheel Skateboard Maker Sued For Not Issuing Recall
A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
Kratom Seltzers Co. Sued Over Claims Drinks Are Addictive
Florida-based kratom beverage maker Mitra-9 has been hit with a proposed class action in New York federal court accusing it of misleading consumers with claims that its drinks are safe and "all natural," when in reality the active ingredient is highly addictive, causing opioid-like dependencies and withdrawals.
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August 19, 2025
Mich. AG Fights Roku's Bid To Dismiss Data Privacy Claims
Michigan's attorney general told a federal judge she has standing to sue Roku Inc. on behalf of the state's residents and children because of the state's interest in combating data privacy violations, urging the court to reject the streaming platform's bid to shake video and personal privacy claims.
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August 19, 2025
Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal
Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.
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August 19, 2025
9th Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.
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August 18, 2025
Tesla Drivers Nab Class Cert. In 'Full Self-Driving' Suit
A California federal judge Monday granted class certification in a consolidated lawsuit that accused Tesla Inc. of duping drivers into falsely believing that its cars can fully pilot themselves, but made some modifications to proposed class definitions.
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August 18, 2025
Meta Faces Senate Probe Over AI Chatbots' Talks With Kids
Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors.
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August 18, 2025
Williams-Sonoma Loses Bid To Narrow Thread-Count Class
A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.
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August 18, 2025
Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims
Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019.
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August 18, 2025
Monsanto Reaches Terms To Settle Wash. School PCB Torts
Monsanto has come to tentative settlement terms to end claims from roughly 200 people who say they developed various health problems from chemical contamination at a Washington state school site, parent company Bayer AG said Monday.
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August 18, 2025
McDonald's Settles Colo. Buyer's Quarter Pounder E. Coli Suit
McDonald's has struck a deal to end a Colorado customer's Illinois state court lawsuit over a 2024 E. coli outbreak linked to the company's Quarter Pounder hamburgers, according to a court filing.
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August 18, 2025
Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears
Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.
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August 18, 2025
4th Circ. Revives Ethylene Oxide Suit Against Union Carbide
A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Akero Investor Suit Over Liver Drug Trials Permanently Tossed
A California federal judge has permanently ended Akero Therapeutics investors' proposed class action alleging they were misled about the patient population in the company's liver disease treatment clinical trial, ruling the investors did not "fill-in the logical gaps" she previously identified when dismissing their earlier pleading for failing to plead scienter.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid
Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.
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August 18, 2025
Amazon Settles Suit Over Child's Button Battery Burn Injuries
A Washington federal judge has approved a settlement in a suit seeking to hold Amazon liable for severe injuries suffered by a toddler who ingested a small lithium-ion battery sold by a third-party company on Amazon, saying the terms of the deal are fair and reasonable.
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August 18, 2025
Cannabis Interests Challenging Federal Pot Ban Get Extension
The U.S. Supreme Court has said that marijuana companies challenging the federal ban on cannabis can have until October to submit their petition for a writ of certiorari.
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August 18, 2025
DEA Asks Health Officials To Review Psilocybin Rescheduling
The U.S. Drug Enforcement Administration has transmitted a request to loosen federal restrictions on psilocybin, the main compound in psychoactive mushrooms, to federal health officials for a scientific and medical analysis, according to emails reviewed by Law360.
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August 18, 2025
Vt. Says It Has The Authority To Enact Climate Superfund Law
Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.
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August 18, 2025
NJ Firms End Battle Over $25M Fee In Verizon Pole Injury Case
Several New Jersey firms have ended a long dispute over a $25 million fee from a personal injury case against Verizon in a suit that already went to trial in 2021 and recently had another trial ordered.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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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.