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Product Liability
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December 08, 2025
Insurer Denies Coverage To Retailers For Kratom Death Suit
An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
Food Biz Groups Say Texas Food Label Law Unconstitutional
Food industry trade groups on Friday said the recent "Make Texas Healthy Again Act" is unconstitutional since the government is forcing them to spread inaccurate information about the safety of products, adding that the law undermines the domestic regulation of food safety.
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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Ex-Archetype Capital Exec Hit With Trade Secret Injunction
A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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December 08, 2025
Volkswagen Defect Class Gets Final OK For $1.95M Fee Award
A New Jersey federal judge has granted final approval to a class action settlement for 3.9 million Volkswagen and Audi owners, resolving claims over alleged turbocharger defects and awarding $1.95 million in fees and expenses to the plaintiffs' attorneys.
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed
The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.
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December 05, 2025
Character.AI Exec Can't Exit Teen's Suicide Suit, Mom Argues
The co-founder of Character.AI should not be allowed to escape a wrongful death lawsuit accusing the platform and its creators of building a large language model that encouraged a 14-year-old boy to kill himself, the teen's mother argued in Florida federal court, saying the founder essentially controlled the company, so much so that it was his alter ego.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.
Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.
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December 05, 2025
Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid
The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants.
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December 05, 2025
Hawaii Sues TikTok Over Youth Mental Health
Hawaii this week became the latest state to hit TikTok with allegations that the social media company purposely designed its platform to hook users and especially children.
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December 05, 2025
Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.
An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.
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December 05, 2025
Mass. Justices Muse On Swift, 'FOMO' In Meta Addiction Case
Massachusetts' highest court appeared divided Friday as it wrestled with whether Meta Platforms Inc. should have to face a suit by the state attorney general claiming that it is illegally getting kids hooked on Instagram.
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December 05, 2025
Mass Tort Firms Targeted Over Benicar MDL Fees In NJ Suits
Robins Kaplan LLP and Pendley Baudin & Coffin were hit with proposed class actions in New Jersey state court from former clients in multidistrict litigation over the blood pressure medication Benicar alleging that the firms overcharged on their fees.
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December 04, 2025
Calif. Judge Tosses Baby Food Experts In Heavy Metals Suits
A California state judge Wednesday tossed experts in a suit alleging that the presence of heavy metals in Hain Celestial baby foods caused a child's brain damage, finding that a toxicologist couldn't single out exposure from different companies.
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December 04, 2025
Class Cert. Denied In Splenda False Ad Suit
A California federal judge on Wednesday declined to certify a class of consumers who claim that Splenda falsely advertised that its sweetener packets were "suitable for people with diabetes," partly because the lead plaintiff is prediabetic.
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December 04, 2025
Colo. Sheriff Lt. Says Jury Should Hear Expert Gun Testimony
A Colorado county sheriff's department lieutenant suing Sig Sauer Inc. over an injury involving a pistol told a federal judge that a jury should be able to determine the credibility of an expert witness the gun manufacturer says should not be allowed to testify.
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December 04, 2025
SEC Investor Panel Presses For Corporate AI Disclosures
A U.S. Securities and Exchange Commission working group is urging the agency to adopt regulations that could standardize the way publicly traded companies report the way they use artificial intelligence, arguing Thursday that investors are not always being kept informed about the risks of the technology.
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December 04, 2025
Medical Device Co. Faces Investor Suit Over IV Pump Issues
Medical device company Baxter International Inc. has been hit with a proposed investor class action accusing it of falsely claiming that it resolved issues associated with an IV pump before recalling the product this year.
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December 04, 2025
Litigation Funder Certum Expands Into Managed Services
Litigation funder Certum Group has purchased a managed services organization that handles back-office operations and tech support for mass tort and personal injury firms, amid growing interest in the model within the legal industry.
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December 04, 2025
Judge Nixes Hagens Berman's Recusal Bid After DOJ Referral
Two days after referring powerhouse plaintiffs firm Hagens Berman to the U.S. Department of Justice for alleged misconduct, a Pennsylvania federal judge on Thursday dismissed the firm's request that he recuse himself from the long-running product liability suit, calling the firm's arguments "absurd."
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December 04, 2025
Vivimed To Pay $1.9M To End Losartan Economic Loss Claims
Vivimed has agreed to pay $1.9 million to settle economic loss claims from a class of consumers and insurers related to its losartan product in sprawling multidistrict litigation over contaminated blood pressure medication, according to a Wednesday filing.
Expert Analysis
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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.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.