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Product Liability
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August 11, 2025
Soda Makers Sued Over Banned Brominated Soybean Oil
A pair of Pennsylvania men are suing the makers of Frostie and Faygo brand sodas in state court, saying the sodas contain brominated soybean oil, which has been banned by federal regulators because it is dangerous to consume.
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August 08, 2025
Ark. Farmers Say Okla. Pollution Plan Violates State Sovereignty
The Arkansas Farm Bureau Federation and two cattle ranchers are urging a federal court in Oklahoma to reject the state's $103 million solution to end a long-running legal fight against poultry producers, including Tysons Foods Inc., for polluting the Illinois River Watershed, saying Oklahoma's proposed limits on fertilizer derived from chicken waste would violate Arkansas' sovereignty.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Exxon, Suncor Urge Justices To Halt Colo. Climate Suit
Exxon Mobil Corp. and Suncor Energy Inc. on Friday urged the U.S. Supreme Court to review the Colorado Supreme Court's decision allowing the city and county of Boulder's climate change tort against the companies to proceed in state court, arguing that the localities' claims are preempted by federal law.
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August 08, 2025
Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit
Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
NJ Legislation Highlights From The 1st Half Of 2025
During the first half of 2025, New Jersey lawmakers addressed a long-standing judicial vacancy crisis, strengthened protections for utility customers and streamlined the asbestos remediation process for Jersey City's historic courthouse.
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August 08, 2025
6th Circ. Says Federal Machine Gun Ban Is Constitutional
The Sixth Circuit has upheld a federal ban on machine guns, finding the prohibition to be in line with the country's tradition of regulating "dangerous and unusual weapons."
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August 08, 2025
AT&T Faces Suit After Fiber Optic Cable Kills Texas Woman
The family of a Texas woman who died in May after a low-hanging fiber optic line struck her in the head is suing AT&T and its cable maintenance contractor, claiming that the cable hung below required safety code heights and that the companies failed to follow proper installation procedures.
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August 08, 2025
Trade Group Sues Colorado Over Gas Stove Labeling Law
A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.
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August 08, 2025
Transit Cos. Get Woman's $1.7M Tripping Verdict Undone
A New Jersey appeals panel has vacated a $1.7 million verdict in favor of a woman who sued Delaware River Port Authority and Port Authority Transit Corp. after she tripped and fell at a train station, saying the trial court wrongly permitted an inadmissible lay opinion that tainted the verdict.
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August 08, 2025
NC AG Has Power To Pursue PFAS Pollution Suit, Judge Rules
Two DuPont spinoffs can't shirk a forever chemical contamination suit brought by the North Carolina Attorney General's Office, a state court judge has ruled, finding Attorney General Jeff Jackson does have the authority to pursue the case even after lawmakers curbed his powers.
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August 08, 2025
Ford Can Arbitrate Some Claims In Hybrid Engine Fire Suit
A Michigan federal judge has sent to arbitration six plaintiffs in a proposed class action alleging Ford Motor Co. sold hybrid vehicles with engine defects that could lead to fires, finding the automaker did not waive its right to arbitration by participating in earlier stages of the litigation.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 07, 2025
Crypto Buyers Win Class Cert. Against Kardashian, Celebs
EthereumMax buyers accusing celebrities of promoting the cryptocurrency allegedly used in a pump-and-dump scheme can certify subclasses in four states, but not their nationwide class, a federal judge ruled, agreeing with famed boxer Floyd Mayweather Jr. that there's a risk of California and Florida securities laws being inappropriately applied outside those states.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
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August 07, 2025
BioPharma Co.'s $15M Deal Over Ruined J&J Vaccines OK'd
A Maryland federal judge on Thursday granted final approval to a $15 million settlement to close out a stockholder derivative suit claiming Emergent BioSolutions Inc. and its top brass made a mint selling stock before their allegedly lax oversight led to the contamination of over 15 million Johnson & Johnson COVID-19 vaccine doses.
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August 07, 2025
SC Judge Tosses Charleston Climate Suit Against Energy Cos.
A South Carolina state judge has ruled that a city of Charleston lawsuit seeking damages from oil and gas companies for greenhouse gas pollution and climate change impacts is barred under the U.S. Constitution and federal Clean Air Act.
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August 07, 2025
NC Town Alleges Chem. Giants Hid PFAS Health Risks
A North Carolina town sued Arkema Inc., Dynax and other chemical manufacturers on Wednesday over the infiltration of toxic "forever chemicals" into its drinking water, alleging the companies knew for decades that the compounds were dangerous and willfully ignored it.
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August 07, 2025
6th Circ. Revives Whirlpool Stove Activation Class Suit
The Sixth Circuit has reinstated a proposed class action alleging Whirlpool Corp. sold stoves with defective knobs prone to accidental activation, saying the plaintiffs sufficiently alleged that the company knew of the defect because the U.S. Consumer Product Safety Commission sent it consumer complaints.
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August 07, 2025
Wilson Elser Nabs Former Transpo Safety Board Adviser
A former team leader for the Federal Motor Carrier Safety Administration who worked with its passenger carrier division on issues involving commercial passenger vehicles like buses and motor coaches has joined Wilson Elser Moskowitz Edelman & Dicker LLP's Washington, D.C., office as an of counsel.
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August 07, 2025
Kratom Buyers Take Addictiveness Suit To 9th Circ.
A proposed class of kratom buyers is appealing to the Ninth Circuit after their claims that Thang Botanicals and FTLS Holdings LLC misled them about the addictive qualities of kratom products were dismissed with prejudice.
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August 06, 2025
Judge Blocks Mich. Landfill From Taking Radioactive Waste
A Michigan state judge on Wednesday blocked a Detroit-area landfill from accepting thousands of cubic yards of radioactive material stemming from the Manhattan Project, holding that it could be sent to a less-populated area and pose less risk.
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August 06, 2025
Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case
A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.
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August 06, 2025
RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says
A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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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.