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Product Liability
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Ohio Justices Asked If Product Liability Law Covers Uber, Lyft
An Ohio federal judge has asked the state's Supreme Court to weigh in on whether the Ohio Product Liability Act annuls claims against Uber Technologies Inc. and Lyft Inc. over a car accident involving their apps even though those apps don't fit the definition of a "product."
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July 15, 2025
3rd Circ. Says Risk Of Harm Justifies Disarming Pot User
The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.
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July 14, 2025
Vape Groups Urge 4th Circ. To Stall NC E-Cigarette Law
Vape interests are urging the Fourth Circuit to temporarily stop North Carolina officials from enforcing a law that could prevent the sale of many types of e-cigarettes in the state, claiming the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Nipple Cover Co., Customer Agree To Drop False Ad Suit
The woman behind a lawsuit accusing Cakes Body LLC of making reusable nipple covers that don't live up to their "grippy, not sticky" representations has quietly dropped her proposed class claims against the company in California federal court.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
Fans Settle With NFL's Commanders In Railing Collapse Suit
NFL fans suing the Washington Commanders for negligence over injuries they sustained from a collapsing stadium rail have reached a settlement with the team following a Fourth Circuit ruling that could have landed the plaintiffs in arbitration.
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July 14, 2025
Victim's Family Says Tesla 'Set Stage' For Fatal Fla. Crash
The family of a woman killed in a Florida Keys crash told jurors Monday that Tesla Inc. "set the stage" for a reckless driver to plow into the woman's vehicle by overhyping its autopilot software's capabilities despite knowing of vulnerabilities in the program.
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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.
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.