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Product Liability
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September 16, 2025
PacifiCorp Owes $63M In Latest Wildfire Trial
An Oregon jury on Tuesday ordered utility PacifiCorp to pay $63 million in noneconomic damages to 10 people who fled from a group of 2020 wildfires, after hearing in closing arguments that some plaintiffs "didn't know they were going to make it out."
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September 16, 2025
Judge Seeks Ga. Justices' Input On Bio-Lab Chemical Fire Suit
A Georgia federal judge asked the state's Supreme Court for guidance on whether metro Atlanta residents can force a chemical plant to cover medical monitoring in the aftermath of a 2024 fire, writing that there's "considerable uncertainty" around whether such a remedy is permitted by Peach State law.
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September 16, 2025
EPA Sued For Dropping Slaughterhouse Water Pollution Regs
Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.
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September 16, 2025
US Asks Court To Sink Vermont Climate Superfund Law
The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.
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September 16, 2025
TikTok Accused Of Withholding Docs On Anorexic Influencer
Personal injury plaintiffs have told a California magistrate judge presiding over discovery in multidistrict litigation that TikTok is refusing to hand over more information about the app's relationship with Eugenia Cooney, a TikTok influencer with anorexia and 2.8 million followers, according to a document unsealed on Monday.
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September 16, 2025
Mother Claims Aquaphor Healing Ointment Contains Allergen
A California mother of two is suing Beiersdorf Inc. in federal court, alleging that its infant and children's healing ointments contain a common allergen despite being marketed as hypoallergenic.
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September 15, 2025
Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK
Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.
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September 15, 2025
Uber Riders Use Service 'At Their Own Risk,' Senior VP Says
An Uber Technologies Inc. executive testified Monday during a bellwether trial over sexual assault allegations against the ride-hailing giant that Uber passengers accept rides with its drivers "at their own risk."
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September 15, 2025
Social Media Apps Can't Toss Mental Health Suit In Mass Tort
A California state judge denied a bid from Meta Platforms, Snap and TikTok on Monday to toss a suit from consolidated litigation alleging the companies harm users' mental health, saying a jury can decide if the plaintiff should have been put on notice about her alleged injuries from news articles.
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September 15, 2025
Discord Says Suit Over Abuse Of Girl Must Be Arbitrated
The messaging platform Discord urged a Texas federal judge to compel arbitration in a suit by a teenage girl who alleges that she was groomed by a child predator there and on the gaming site Roblox, saying Friday that it doesn't matter that she was a minor when she agreed to their terms of service.
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September 15, 2025
3 Law Firms Want Ford's 'Thermonuclear' RICO Suit Snuffed
Knight Law Group LLP, the Altman Law Group and Wirtz Law APC have urged a California federal judge to dismantle Ford Motor Co.'s racketeering lawsuit accusing the firms of overzealous billing and conspiring to dupe unsuspecting clients in product liability and personal injury cases against automakers.
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September 15, 2025
11th Circ. Told Fla. 'Radioactive' Road Suit Must Be Tossed
The U.S. government and a fertilizer producer urged the Eleventh Circuit to toss an environmental nonprofit's challenge to the use of radioactive phosphogypsum on a private roadway, arguing the nonprofit lacks standing.
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September 15, 2025
Ga. Jury Sides With Makers In Mattress Injury Case
After about an hour of deliberation on Monday afternoon, an Atlanta jury found that a mattress manufacturer and a bedding components supplier weren't liable for injuries a woman allegedly incurred when her skin was punctured by a mattress in her husband's tractor-trailer sleeping cabin.
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September 15, 2025
Stop & Shop Says Too Late To Swap Plaintiff In Wipes Suit
Stop & Shop on Monday urged a Massachusetts federal court to deny a bid to substitute new plaintiffs in a suit alleging its flushable wipes are not flushable as advertised, saying the plaintiff hasn't shown good cause for the change 14 months after the amendment deadline.
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September 15, 2025
Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed
Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.
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September 15, 2025
Charleston SC Not Appealing Dismissal Of Climate Suit
Charleston, South Carolina, has ended its pursuit of climate change-related infrastructure damages from fossil fuel companies, electing not to appeal a state judge's dismissal of the city's lawsuit last month.
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September 15, 2025
EPA Backs Off Drinking Water Regs For 4 PFAS
The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.
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September 15, 2025
Exactech Gets OK For Ch. 11 Plan Ditching Sponsor Deal
A Delaware bankruptcy judge on Monday approved Exactech's Chapter 11 sale and liquidation plan that drops a previous deal with the joint implant maker's equity sponsor in favor of funding the pursuit of potential legal claims against the sponsor on behalf of creditors.
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September 15, 2025
Cookie Buyers Can't Get Certified In Mistranslated Label Suit
A California federal judge on Monday denied certification to a proposed class of cookie buyers alleging that tree nuts were omitted from the English label of imported Japanese cookies, saying individualized questions about which consumers read, relied on and were injured by the mistranslation would predominate.
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September 15, 2025
Segway Says E-Scooter Hazard Suit Doesn't Belong In Wash.
Segway Inc. is urging a Washington federal court to dismiss a proposed class action alleging its electric scooters are shipped with a dangerous defect, saying the company doesn't have sufficient ties to the state for it to have jurisdiction.
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September 12, 2025
Uber Rider's Past Sex Conduct Off Limits In Sex Assault Trial
A California state judge overseeing a bellwether trial over sexual assault allegations against Uber warned attorneys for the ride hailing giant Friday that when it questions the plaintiff in coming days, it won't be allowed to elicit testimony about her other sexual activity unless her side "opens the door."
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September 12, 2025
FAA Suggests $3.1M Boeing Fine For 2024 Door-Plug Blowout
The Federal Aviation Administration has proposed fining Boeing over $3.1 million for safety violations, including some related to the midair door-plug blowout on a 737 Max 9 jet operated by Alaska Airlines in 2024, according to an announcement made Friday.
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September 12, 2025
Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.
The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards.
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September 12, 2025
Roblox, Discord Face Wrongful Death Suit Over Teen's Suicide
The mother of a California teenager who died by suicide sued Roblox and Discord on Friday, claiming that her son was groomed and abused for years by a man who found him on the gaming platform, showed him how to disable parental controls and forced him to share explicit images.
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September 12, 2025
Regulators Seize $86M Of Chinese-Made Vapes In Chicago
Federal regulators seized $86.5 million in illicit vape products at a Chicago port of entry during a joint operation, according to an announcement claiming the haul is the largest single confiscation of e-cigarette products of this kind and is part of the government's "aggressive" crackdown against youth vaping and "foreign actors."
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.