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Product Liability
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost
A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Ga. Justices Revive Suit Over L'Oréal Hair Relaxer Health Risks
The Georgia Supreme Court reversed a decision by the state's Court of Appeals that barred a woman's suit alleging that chemicals in hair relaxers made by L'Oreal USA Inc. and Strength of Nature Global LLC caused her to develop uterine fibroids.
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October 15, 2025
Consumer Says Nail Fungus Product Falsely Marketed
A North Carolina man hit Arcadia Consumer Healthcare Inc. with a proposed class action in federal court accusing the company of falsely advertising that its product Fungi-Nail is meant to treat nail fungus, although the fine print on the back label says otherwise.
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October 15, 2025
Judge Sinks Youths' Suit Challenging Trump Energy Orders
A Montana federal judge on Wednesday dismissed a suit by youths seeking to undo President Donald Trump's energy-related emergency orders, saying that it's beyond the power of federal courts to dictate U.S. environmental and energy policy.
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October 15, 2025
Glock Loses Bid To Toss New Jersey AG's Gun Violence Suit
A New Jersey state judge has declined to dismiss a suit brought by the state's attorney general seeking to hold Glock Inc. liable for gun violence, finding that a recent U.S. Supreme Court decision in a case brought by Mexico against gunmakers doesn't bar the state's claims.
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October 15, 2025
2nd Circ. Won't Block NY Ammo Sales Background Check Law
The Second Circuit on Wednesday decided not to block enforcement of a New York law requiring background checks for ammunition sales, finding the "mere inconveniences" of a potential delay and a $2.50 fee don't meaningfully constrain the plaintiffs' Second Amendment rights.
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October 15, 2025
3rd Circ. Weighs If AR-15s Are 'Dangerous,' 'Unusual' Arms
The full Third Circuit on Wednesday quizzed counsel in a gun rights case about whether AR-15s, other widely owned semi-automatic firearms, and high-capacity magazines should be considered so "dangerous" or "unusual" as to not be protected by the Second Amendment, with the panel giving no clear leanings as to how it might rule.
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October 15, 2025
Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit
A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 14, 2025
Fla. AG Hits Roku With Privacy Suit Over Kids' Data Handling
Video streaming platform Roku Inc. is violating Florida's new data privacy law by collecting and selling children's voice recordings, viewing habits and other personal data without proper notice or consent, the state's attorney general alleged in a lawsuit announced Tuesday.
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October 14, 2025
Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case
The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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October 14, 2025
J&J Talc Unit Objects To Brown Rudnick's 'Unnecessary' Fees
Johnson & Johnson talc spinoff Red River Talc has again urged a Texas bankruptcy judge to reject Brown Rudnick LLP's $4.3 million fee request for representing the talc claimants committee in Chapter 11 proceedings, arguing that the firm's retention was never approved and its services "were unnecessary, inappropriate and duplicative."
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October 14, 2025
Calif. Passes New Laws On Children's Use Of Social Media, AI
California Gov. Gavin Newsom has signed into law several bills aimed at protecting children from threats associated with social media and emerging technologies, including by requiring age verification, limiting liability defenses for artificial intelligence developers and users and having companion chatbots remind minors to take breaks.
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October 14, 2025
Embryo Loss Class Claims Hinge On Calif. Suit, Judge Says
A Connecticut federal judge may pause a proposed class action blaming CooperSurgical Inc. for embryo losses during in vitro fertilization until a class certification motion is decided in a first-filed case in California, but the plaintiff will have until the end of the month to decide if she wants to proceed with only her direct claims instead.
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October 14, 2025
Texans Say Drinking Water Tainted With PFAS From Military Base
Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.
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October 14, 2025
Sunbeam Faces Class Action Over 'Defective' Oster Oven
Sunbeam Products Inc. is facing a proposed class action in Georgia federal court over Oster-brand French door countertop ovens that were recalled in September due to burn hazards caused by spring-loaded doors that can unexpectedly close and burn users.
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October 14, 2025
Calif. Seeks To Dismiss Feds' Suit Challenging Emission Regs
California is asking a federal court to dismiss the U.S. Environmental Protection Agency's lawsuit challenging the state's emissions standards for heavy-duty trucks.
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October 14, 2025
Mich. Urges Judge Not To Empower A 'Hall Monitor' DOJ
The state of Michigan has implored a federal judge not to give the U.S. Department of Justice any leash to preemptively challenge states' anticipated policy moves, saying "there would be no stopping point" to the federal government's interference.
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October 14, 2025
Calif. Gov. Vetoes 'Well-Intentioned' Bill Targeting PFAS
California Gov. Gavin Newsom rejected a bill that would require manufacturers to phase out their use of so-called forever chemicals in children's products, cookware, dental floss and other items, saying he agrees with the bill's health and environmental protection goals but that it could lead to higher costs for Californians.
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October 14, 2025
DuPont Pollution Suit To Advance Amid NC Top Court Appeal
North Carolina Attorney General Jeffrey Jackson's forever chemicals suit against two DuPont spinoffs will surge ahead while the companies pursue an appeal in the state's top court challenging Jackson's power to bring contamination claims, a state Business Court judge has ruled.
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October 14, 2025
Delta Urges Court Not To Certify Class In Greenwashing Suit
Delta Air Lines Inc. is asking a California judge to deny a motion to certify a proposed class action accusing it of overstating its emissions progress and falsely touting itself as the "first carbon-neutral" airline.
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October 14, 2025
Judges Back Ga. County's Use Of Outside Attys In Opioid Suit
The Georgia Court of Appeals has backed the dismissal of a lawsuit by Publix Supermarkets claiming a metro Atlanta county unconstitutionally hired outside counsel to pursue opioid litigation against the grocery chain, ruling Publix had "done nothing to assuage" the court's reasons for throwing out an almost identical suit earlier this year.
Expert Analysis
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Opinion
Asbestos Trusts' Records Purge Threatens Claims Process
Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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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.