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Product Liability
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
Kim Kardashian, Celebs Challenge Crypto Buyers' Cert. Bid
The co-founder of the EthereumMax crypto token and celebrities who allegedly promoted the offering told a California federal judge that a group of spurned buyers should not be able to certify their class action since they have not provided a way to determine how many transactions would fall in each category.
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April 29, 2025
Michigan Asks Justices To Sustain Remand Of Pipeline Fight
The Michigan attorney general on Tuesday told the U.S. Supreme Court that there's no need for it to review a Sixth Circuit decision remanding to state court a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline.
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April 29, 2025
Apple Beats Claim Amber Alert On AirPod Hurt Boy's Hearing
A California federal judge on Monday tossed a Texas mother's lawsuit accusing Apple Inc. of being responsible for her teenage son's permanent hearing loss after an Amber Alert allegedly rang through defective AirPods and ruptured his eardrums, saying a physician's expert opinion they leaned on was unreliable for proving causation.
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April 29, 2025
PacifiCorp Hit With $11M Verdict In Latest Wildfire Case
A Portland, Oregon, jury awarded around $10.8 million in noneconomic damages Tuesday to nine plaintiffs who suffered property damage in a group of 2020 wildfires attributed to PacifiCorp's negligence, with the awards likely to be increased to account for punitive damages.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Second Round Of Conn. Firm Windup Fight Sent To Arbitration
A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Ex-Disney Worker Gets 3 Years For Profanity-Laced Menus
A former Walt Disney World employee was sentenced to three years behind bars after he pled guilty in Florida federal court to hacking into a program used to create menus for the theme park's restaurants, adding profanities, changing prices and altering allergen information that could have put patrons at risk.
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April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues
Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
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April 28, 2025
Veolia Settles Flint Water Crisis Claims For $53M
A Michigan federal judge entered final judgment Monday in litigation brought by the state of Michigan and about 26,000 individuals against Veolia North America alleging it prolonged the water crisis in Flint, Michigan, after a $53 million settlement was approved earlier this month.
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April 28, 2025
Judge In NY Dismisses Athlete's Suit Over Gatorade Gummies
A New York federal judge on Monday tossed a lawsuit lodged by a promising Texas-based sprinter alleging the Gatorade Co. supplied him with contaminated recovery gummies that led to his doping ban, saying lost endorsement opportunities were purely economic harm and not a personal injury.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
High Court Takes On Removal Issue In Hain Baby Food Case
The U.S. Supreme Court will decide whether the erroneous dismissal of a defendant upon a case's removal to federal court warrants undoing the years-later final result, agreeing Monday to hear Whole Foods and Hain Celestial Group's bid to preserve a midtrial win over allegedly tainted baby food.
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
Sanofi Challenges Jurisdiction In Conn. Zantac Lawsuits
Sanofi-Aventis U.S. LLC on Monday sought to exit nine combined Connecticut lawsuits claiming the heartburn drug ranitidine degraded into a compound that causes cancer, saying it is beyond the state's long-arm statute and that due process guarantees prevent it from being sued in Connecticut.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
$2.1B Verdict 'Poisoned' By Omitted Evidence, Monsanto Says
Monsanto has asked an Atlanta-area court to undo a more than $2 billion jury verdict awarded to a man who said his cancer was caused by the weedkiller Roundup, arguing that the award is unconstitutional and that the trial was riddled with inadmissible evidence and false testimony.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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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.