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Product Liability
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September 29, 2025
Meta Faces Sanctions Bid Alleging Co. Destroyed 'Taps' Data
Personal injury plaintiffs have urged a California state judge to sanction Meta Platforms Inc. in coordinated litigation over claims social media harms young users' mental health, alleging Meta willfully destroyed crucial time‑stamped "taps" data that captures users' taps, scrolls and swipes on Facebook and Instagram.
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September 29, 2025
Newsom Signs AI Law Requiring Guardrails, More Disclosures
California Gov. Gavin Newsom on Monday signed into law a bill that bolsters safety and disclosure requirements for artificial intelligence companies in the Golden State, a measure the governor said further establishes California as a leader in "safe, secure and trustworthy artificial intelligence."
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs
The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
Boeing Using Rejected Args In 737 Max Fraud Suit, Fund Says
An investment fund has told an Illinois federal judge that Boeing cannot escape a lawsuit alleging it misrepresented the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019, saying it has pinpointed specific misstatements that judges in similar cases have already deemed actionable.
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September 29, 2025
EPA Dodges Texas Farmers' PFAS Contamination Lawsuit
A Washington, D.C., federal judge on Monday tossed Texas farmers and ranchers' lawsuit alleging that the U.S. Environmental Protection Agency failed to stop "forever chemicals" from contaminating their farmland and that they've suffered medical problems from the exposure.
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September 29, 2025
Terumo Secures $5M Cost Award After Beating Cancer Claims
A Colorado state judge has granted a healthcare company over $5 million in costs following the company's win in its first bellwether trial against Lakewood residents who claim its medical sterilization facility caused their cancer.
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September 29, 2025
Newsom Signs Bills Boosting Tribal Regalia, Land Use, Grants
California Gov. Gavin Newsom has signed into law three bills that will strengthen Indigenous students' rights to wear regalia, require tribal consultation over land and reburial rights, and streamline gaming tribes' ability to provide grants to other tribes with limited resources.
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September 29, 2025
11th Circ. Backs Somatics' Win In Man's Brain Damage Suit
The Eleventh Circuit on Monday sided with Somatics LLC in a suit from a man who alleged that he suffered brain damage from treatments using one of its electroshock therapy devices, finding that the trial court was within its discretion when it dismissed and consolidated some of his claims for trial.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Worker Sues Over Fall Of U.S. Steel Tower Elevator
A worker says a freight elevator in downtown Pittsburgh's U.S. Steel Tower malfunctioned and dropped him four flights while he was taking it to work, causing injuries to his right ankle that needed surgeries, according to a complaint in Pennsylvania state court.
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September 29, 2025
Porsche Owners Say EV Update Doubled Charge Times
A proposed class of Porsche buyers is suing the company's North American wing in Georgia federal court, saying an update that was supposed to address overheating in chargers for electronic and hybrid vehicles has resulted in charge times that are double what was advertised.
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September 29, 2025
Apple Watch Failed To Detect Fall, Mass. Woman Alleges
A Massachusetts woman who suffered a serious brain injury when she fell down her basement stairs says the Apple Watch she purchased specifically for its fall detection feature failed to call 911, leaving her to spend 13 hours without medical help.
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September 26, 2025
Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row
Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.
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September 26, 2025
Facial Machine Maker Can't Slough Off Investor Suit
Salon treatment equipment maker the Beauty Health Company can't shed claims it hurt investors by hiding critical design issues affecting its Syndeo hydrodermabrasion facial machine detailed in an "exhaustive" complaint, a California federal judge has determined.
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September 26, 2025
Crash Survivor Says Hyundai SUV's Seats Were Defective
The survivor of a "catastrophic" rear end collision, which killed his wife and left him paraplegic, is suing the driver who hit him and the Hyundai Motor Co., claiming it designed and manufactured an SUV unable to keep occupants safe when struck from behind.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Judge Backs Settlement In WanaBana Lead Poisoning Case
A federal judge in Florida on Friday recommended approving a confidential settlement between Dollar Tree and the parents of a toddler who consumed lead from WanaBana cinnamon applesauce pouches, saying it's in the child's best interests given the ongoing litigation over the recalled snacks.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
Expert Analysis
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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.
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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.