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Product Liability
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October 31, 2025
Toxic-Water Litigants Slam Expert As 'Rented White Coat'
An expert witness for the federal government in litigation over contaminated water at the Camp Lejeune military base is merely a "rented white coat" proffering junk science and serving big-industry interests, claimants told a North Carolina federal court this week in a bid to exclude her from the case.
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October 31, 2025
FDA Warns Against Fluoride Use In Young Children
The U.S. Food and Drug Administration on Friday said it is stopping sales of unapproved fluoride products labeled for use by children under the age of three as part of the Trump administration's Make America Healthy Again movement.
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October 31, 2025
4th Circ. Denies En Banc Review In Bestwall Ch. 11 Case
The Fourth Circuit on Thursday declined asbestos claimants' request for an en banc review of a panel ruling in a Georgia-Pacific LLC spinoff's Chapter 11 case, rejecting on an 8-6 vote an argument that the bankruptcy is a sham and blocks victims' access to justice.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits
A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.
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October 30, 2025
DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'
The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.
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October 30, 2025
Garden Supply Co. Faces Suit Claiming PFAS In Products
A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."
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October 30, 2025
Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup
A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals.
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
2nd Ex-Magellan Exec Avoids Jail Over Faulty Lead Tests
A second former Magellan Diagnostics executive ducked prison time Thursday for his role in an alleged scheme to hide a defect in the company's lead-testing devices ahead of its sale in 2016.
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October 30, 2025
J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win
Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.
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October 30, 2025
Boeing Rips Irish Leasing Co. 'Stonewalling' In 737 Max Suit
Boeing has told a Washington federal judge that an Irish aircraft leasing company keeps stonewalling and should be ordered to sit for depositions in a breach-of-contract suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Senator Presses Md. Biz For Info On East Wing Demolition
U.S. Sen. Ed Markey, D-Mass., asked a Maryland business tapped to demolish the White House's East Wing to explain what steps were taken to protect workers and the public from hazardous building materials such as asbestos and lead paint.
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October 30, 2025
Allstate Says Whirlpool Must Pay For Dishwasher Fire Damage
An Allstate insurer told a Pennsylvania federal court that it is entitled to recoup more than $100,000 from Whirlpool Corp. after a dishwasher the company manufactured set fire to a policyholder's property.
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October 30, 2025
Bob Mackie Claims JCPenney's Apparel Rips Off His Name
Celebrity fashion designer Robert Mackie hit JCPenney with a lawsuit in New York federal court Wednesday, alleging the retailer recently launched its "Mackie: Bob Mackie" clothing collection without his permission and claiming the licensing deal may have been illegitimately cut by his former general counsel who he cut ties with.
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October 30, 2025
Mich. Top Court Upholds Gilead Immunity In COVID Drug Case
The Michigan Supreme Court on Wednesday said it won't consider an appeal from a man who was injected with a COVID-19 treatment made by Gilead Sciences Inc. that was later recalled for containing glass shards, a few months after a lower appellate court found the company immune because of a federal health emergency law.
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October 30, 2025
NHTSA To Probe 700K Hondas For Airbag, Seat Belt Issues
The National Highway Traffic Safety Administration has opened investigations into more than 700,000 Honda vehicles following safety reports regarding side airbags, rear seat belt warnings and loss of propulsion while moving at high speeds.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Pharmacies Say $1.5B Damages Too Much In Fla. Opioid Suit
CVS, Walgreens and Walmart on Wednesday grilled an economics expert witness over his opinion that they owe as much as $1.5 billion to a group of Florida hospitals that treated opioid-harmed patients, with defense counsel suggesting damages shouldn't be based on the full sticker price of the medical care.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions
BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.