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Product Liability
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
Splenda-Maker Says Emails Show NC Scientist Ignored Data
The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.
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July 28, 2025
Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit
Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.
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July 28, 2025
Widow Asks 4th Circ. To Revive Freight Broker Claim
A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.
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July 28, 2025
Electrolux Range's Defect Led To Fire, Insurer Tells Court
Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.
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July 28, 2025
2nd Abbott Baby Formula Bellwether Falls Before Trial
An Illinois federal judge handed Abbott Laboratories summary judgment on Monday in the second bellwether that had been set for trial in multidistrict litigation over allegations its cow's milk-based formula can cause severe gastrointestinal illness in premature babies, while saying she will leave the door open to revive and later try the case.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
Rising Star: Goldman Ismail's Allyson Miller Julien
Allyson Miller Julien of Goldman Ismail Tomaselli Brennan & Baum LLP helped Merck win a major victory in multidistrict litigation over its Gardasil HPV vaccine, earning her a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.
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July 28, 2025
J&J Loses Bid To Probe Beasley Allen Talc Litigation Funding
A special master found Monday there is no reason to believe third-party funders are influencing Beasley Allen Law Firm's decisions in a massive talc litigation in New Jersey, defeating a subpoena from Johnson & Johnson digging into alleged third-party litigation funding.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 28, 2025
Novo Nordisk Faces Possible Mass Tort Over Ozempic In NJ
Over 20 plaintiffs who have sued Novo Nordisk in New Jersey state court alleging its popular weight loss drugs caused them to lose their vision have filed an application to designate their cases as multicounty litigation, according to a notice to the bar posted on Monday.
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July 25, 2025
Social Media Cos. Score Toss Of 2022 Mass Shooting Suit
A divided New York state appeals court on Friday dismissed a lawsuit that sought to hold Meta, Google and other social media companies liable for a fatal 2022 mass shooting that targeted Black people in Buffalo, New York, saying federal law shielded the companies from liability for the shooter's acts.
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July 25, 2025
In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits
A new ruling in West Virginia opioid crisis litigation is revealing sharp divisions among the Mountain State's federal judges regarding a pivotal legal theory, potentially boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug distributors.
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July 25, 2025
4th Circ. Revives Kraft Heinz Suit Over Safety Complaints
The Fourth Circuit on Friday overturned a win for Kraft Heinz Inc. in a suit by a former worker at a meatpacking plant who alleged that he'd been fired for reporting safety issues, saying the district court wrongly concluded that a separate disciplinary investigation was the sole reason he was terminated.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
Drivers Ask 9th Circ. To Revive Fiat Chrysler Gear Shift Suit
Chrysler drivers are asking the Ninth Circuit to revive their proposed class action alleging defective gear shifters in Fiat Chrysler vehicles, in a bid to overcome a California federal court's finding that the injury is hypothetical.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
Helicopter Crash Suit Belongs In New Zealand, Calif. Court Says
Survivors of a helicopter crash cannot sue the U.S.-based companies that manufactured the aircraft in Los Angeles County, a California appeals court said Thursday, affirming a trial court's finding that it makes more sense for New Zealand courts to handle the case because that's where the crash happened and where the passengers live.
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July 25, 2025
Feds Redirect First Phase Of Atomic Bomb Waste To Texas
Radioactive waste from the development of the first atomic bomb will no longer be sent to a landfill in Wayne County, Michigan, after a group of nearby communities sued to block the landfill from accepting 6,000 cubic yards of the material.
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July 25, 2025
Insurers Seek Quick Win Over Meta Social Media Suits
Various Hartford and Chubb units told a Delaware state court they should have no duty to defend Meta Platforms Inc. in thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing there was no insurable "accident" that allegedly occurred.
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July 25, 2025
Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use
A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.
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July 25, 2025
Minnesota Regulators Sue Retailer Over Cannabinoid Wares
Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.
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July 25, 2025
Tesla Expert Says Autopilot Was Overridden Before Fatal Crash
An accident reconstruction expert told jurors in Florida federal court Friday that the driver of the Tesla that caused a fatal crash in the Florida Keys had overridden the autopilot and was in control of the vehicle for the 75 seconds before the crash.
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July 25, 2025
Feds End Probe Into Waymo Self-Driving Cars
The U.S. auto safety regulator closed its preliminary investigation into reports of Waymo LLC's autonomous vehicles exhibiting "unexpected driving behaviors," saying Friday that it won't take any action after the company's recalls and software updates.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.