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Product Liability
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June 04, 2025
Android User Says Meta Secretly Links Browsing To Profiles
Meta Platforms Inc. secretly exploits an Android communication channel to tie users' browsing information to their Facebook and Instagram profiles, rendering that information completely identifiable and making it easier to target users with advertisements, according to a proposed class action filed Tuesday in California federal court.
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June 04, 2025
French Plane Co. Escapes Crash Suit In Fla. Courts
A Florida appeals panel on Wednesday threw out product liability claims against a French plane manufacturer in a suit over a crash that killed all but one of its passengers, saying the company's ties to the Sunshine State are not related to the allegations in the complaint.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
Copter Companies Will Pay $30M To 2 Estates For Fatal Crash
Two families whose loved ones were killed in a Duke Life Flight helicopter crash are getting $30 million in settlements between them from the companies behind the chopper's operation, construction and sale, according to dismissals filed in North Carolina state court Wednesday.
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June 04, 2025
Heart Device Maker iRhythm Gets Investor Claims Trimmed
A California federal judge has trimmed a class action accusing digital healthcare company iRhythm Technologies of making false and misleading statements about its heart-event monitoring device, finding that the suit does not plausibly plead knowledge of wrongdoing for most individual defendants, among other things.
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June 04, 2025
Novo Nordisk Wants Hospital Sanctioned For Insulin Pen Suit
Novo Nordisk Inc. has asked a Connecticut federal judge to sanction Griffin Health Services Corp. for suing the pharmaceutical company after settling a separate insulin pen contamination lawsuit, saying the hospital's complaint left out five important facts that could point blame back toward its own staff.
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June 04, 2025
House Committee Puts Intoxicating-Hemp Ban In Spending Bill
A U.S. House of Representatives committee on Wednesday released a spending bill that includes a major change to the statutory definition of hemp and hemp products in its agriculture appropriations that would effectively rewrite national hemp policy if it becomes law.
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June 04, 2025
Idaho Mining Co. Hit With Suit Over Dump Site Contamination
The U.S., Idaho and Native American tribes have hit Nu-West Industries Inc. with a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit, alleging that hazardous substances from phosphate mining are being generated and disposed of at a dump site owned by the company within the Caribou-Targhee National Forest.
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June 04, 2025
Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit
Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.
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June 04, 2025
Neighbor Says Cubs Don't Own Sounds, Smells Of Wrigley
A rooftop owner near Wrigley Field being sued by the Cubs for allegedly infringing its intellectual property rights asked a judge to dismiss counts of misappropriation and unjust enrichment, saying the club does not have rights to the lights, sounds and smells that leave its property.
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June 04, 2025
Apple Can Shield Info In NJ TikTok Addiction Suit
A New Jersey state court will allow Apple Inc. to inject itself into the state attorney general's high-profile lawsuit accusing TikTok of designing features that harm and cause addiction in children, allowing the manufacturer of the iPhone to argue, away from public view, that certain content in the lawsuit should be redacted.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 03, 2025
Egg Producer Beats Suit Over Salmonella Contamination
Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.
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June 03, 2025
PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial
Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
Seaplane Co. Spars With Manufacturer On Fatal Crash Cause
A Washington state charter flight company is seeking vindication in a state court lawsuit over a 2022 seaplane crash in the Seattle area that killed 10 people, contending that the plane's Canadian manufacturer is ultimately to blame because it lied to regulators about the model's airworthiness to get approval in the 1950s.
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June 03, 2025
MultiPlan Must Face Reimbursement Pricing Antitrust MDL
An Illinois federal judge on Tuesday largely rejected a bid by MultiPlan to ditch multidistrict litigation accusing the company of illegally fixing out-of-network reimbursement rates, trimming only unjust enrichment claims while allowing antitrust claims to move forward.
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June 03, 2025
'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says
A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.
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June 03, 2025
Electrical Parts Co. Owes $1M For Fire Loss, Insurer Says
A manufacturer of electrical cables is responsible for over $1 million in damages for a fire at a Philadelphia-based discount department store, an insurer told a Pennsylvania federal court, saying the blaze was caused by the manufacturer's defective armored cabling.
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June 03, 2025
Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row
Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
Norton Rose Adds K&L Gates Product Liability Litigator In LA
Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.
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June 03, 2025
Calif. Mazda Oil Leak Deal Dooms NC Class Claims
Mazda has escaped class claims alleging leaky valve stems caused cars to burn excessive oil when a North Carolina federal judge ruled that the driver didn't opt out of a similar class action settlement across the country in California.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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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.