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Product Liability
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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.
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September 26, 2025
Boeing Calls Polish Airlines' Motion In 737 Case Overbroad
Boeing 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 Litigator
Holland & 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 Branch
The 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.
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
NJ Fed Courts Tighten Rules On Anti-Counterfeiting Suits
Citing an "uptick" in intellectual property theft suits against online counterfeiters, New Jersey's chief district judge issued a new standing order Thursday tightening rules on infringement suits that often name numerous defendants.
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva
A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.
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September 25, 2025
Boeing Asks Chancery To Ground 737 Max Derivative Suit
Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.
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September 25, 2025
PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables
PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.
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September 25, 2025
Nissan Hid Leaf EV Fire Risk, Charging Defect, Drivers Say
Nissan Leaf drivers have hit the automaker with a proposed class action in California federal court alleging that it misled them about the electric car's charging capabilities and didn't inform them of a possibly dangerous fire risk.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
Depo-Provera MDL Plaintiff Numbers Balloon To 1,300
The plaintiffs in a multidistrict litigation claiming Pfizer failed to warn consumers of a link between brain tumors and the hormonal contraceptive Depo-Provera now number more than 1,300, with more expected to file suits ahead of a hearing Monday on whether their claims are preempted by federal law.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
Expert Analysis
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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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.