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Product Liability
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September 04, 2025
BCLP Appoints New Office Managing Partner In Seattle
A medical malpractice, product liability and tort law attorney who joined Bryan Cave Leighton Paisner LLP just last year is the firm's new office managing partner in Seattle.
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September 04, 2025
No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit
A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.
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September 04, 2025
Feds Sue SoCal Edison Over Eaton, Fairview Wildfires
The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.
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September 04, 2025
Sanofi Settles Conn. Zantac Suits Alleging Cancer Risks
After more than a year of indicating settlement talks would likely be successful, Sanofi-Aventis US LLC and Sanofi US Services Inc. on Thursday announced accords in two Connecticut state court lawsuits that asserted that generic forms of brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.
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September 04, 2025
Truck-Maker Seeks Dismissal Of Duplicate Heat Death Suit
A company that manufactures commercial trucks and delivery vans has urged a Michigan federal court to toss a father's lawsuit over the heat-related death of his son in one of its vehicles, contending that there's an identical case pending before the Ninth Circuit.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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September 03, 2025
7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit
The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government.
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September 03, 2025
4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case
The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.
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September 03, 2025
Texas Judge Asks Feds How Boeing Deal Serves Public
A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
Pressure Washers Can Explode, Cause Injuries, Suit Claims
A consumer claims in a proposed California federal class action suit that TTI Outdoor Power Equipment Inc. pressure washers can explode and injure users, and that the company did nothing for years despite complaints.
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September 03, 2025
US Steel Wants Federal Court To Take Clairton Blast Suits
U.S. Steel claims that litigation by workers injured in an explosion at its Clairton Coke Works facility last month should be handled by a federal court, because federal investigators are overseeing the evidence being demanded by the plaintiffs.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
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September 03, 2025
Ford Seeks Exit From Mustang Door Safety Suit
The Ford Mustang Mach-E's user manuals clearly explain how the electric vehicle's automated door latch system operates and a recent recall moots any alleged harm to buyers worried about becoming trapped in the car, the Ford Motor Co. told a California federal judge Tuesday.
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September 02, 2025
Overnight Oat Co. Exaggerates Protein Content, Suit Says
The Chicago-based maker of Mush Overnight Oats, which was featured on "Shark Tank," was hit with a proposed class action in California federal court by a woman who claims it overstates the protein amount consumers will get from eating its products.
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September 02, 2025
Disney Inks $10M Deal With FTC Over Kids' Data Collection
Disney has agreed to pay $10 million and overhaul how it labels child-directed videos on YouTube in order to resolve the Federal Trade Commission's claims that the entertainment giant unlawfully collected personal data from children under 13 without parental consent, the commission said Tuesday.
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September 02, 2025
Harley-Davidson Riders Want Another Look At Warranty Case
Customers targeting Harley-Davidson's motorcycle warranties are asking the Seventh Circuit for a rehearing, arguing that an appeals panel misconstrued language in the warranties and was wrong to reject claims that the company competes in a market for American motorcycles.
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September 02, 2025
Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse
A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.
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September 02, 2025
Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit
A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.
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September 02, 2025
CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits
CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.
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September 02, 2025
Defective Vascular Port Caused Man's Death, Suit Says
The family of a Floridian who died after being implanted with an AngioDynamics Inc. vascular port hit the company with a suit in California federal court alleging that the device is defective and can cause multiple severe injuries including sepsis and death.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.