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Product Liability
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									September 29, 2025
									Tribe Drops Price-Fixing Suit Against Drugmakers, PBMsThe 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 SuitAn 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 SaysAn 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 LawsuitA 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 ClaimsA 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, GrantsCalifornia 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 SuitThe 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 SuitA 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 ElevatorA 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 TimesA 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 AllegesA 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 RowExxon 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 SuitSalon 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 DefectiveThe 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 CaseMedical 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 FeesBayer 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 CaseA 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 GenericThe 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 SuitThe 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 DealNearly 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 OKChubb'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 ToldConsumers 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. 
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									September 26, 2025
									Boeing Calls Polish Airlines' Motion In 737 Case OverbroadBoeing is urging a Washington federal court to deny a motion from LOT Polish Airlines in LOT's contract suit over 737 Max planes it leased, saying LOT seeks to admit far more evidence than could be relevant or addressed in the time allotted for trial. 
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									September 26, 2025
									Holland & Hart Brings On Perkins Coie Commercial LitigatorHolland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters. 
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									September 25, 2025
									DOJ Unveils New 'Affirmative Litigation' Civil Division BranchThe U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition. 
Expert Analysis
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								GM Case Highlights New Trends In AI-Related Securities Suits  Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley. 
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								Attacks On Judicial Independence Tend To Manifest In 3 Ways  Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University. 
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								Statistics Tools Chart A Path For AI Use In Expert Testimony  To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat. 
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								Compliance Refresher For 'Made In USA' Labeling Claims  As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis. 
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								Series Law School's Missed Lessons: Appreciating Civil Procedure.jpg)  If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey. 
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								Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use  The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman. 
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								In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable  The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton. 
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								How Attorneys Can Become Change Agents For Racial Equity  As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School. 
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								Series Running Marathons Makes Me A Better Lawyer  After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie. 
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								Series Law School's Missed Lessons: Supporting A Trial Team  While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis. 
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								Series Adapting To Private Practice: From US Attorney To BigLaw  When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E. 
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								Measuring The Impact Of Attorney Gender On Trial Outcomes  Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies. 
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								The Ins And Outs Of Consensual Judicial References  As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury. 
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								Opinion The BigLaw Settlements Are About Risk, Not Profit  The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale. 
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								What Gene Findings Mean For Asbestos Mesothelioma Claims  Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.