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Product Liability
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 14, 2025
Fla. AG Hits Roku With Privacy Suit Over Kids' Data Handling
Video streaming platform Roku Inc. is violating Florida's new data privacy law by collecting and selling children's voice recordings, viewing habits and other personal data without proper notice or consent, the state's attorney general alleged in a lawsuit announced Tuesday.
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October 14, 2025
Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case
The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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October 14, 2025
J&J Talc Unit Objects To Brown Rudnick's 'Unnecessary' Fees
Johnson & Johnson talc spinoff Red River Talc has again urged a Texas bankruptcy judge to reject Brown Rudnick LLP's $4.3 million fee request for representing the talc claimants committee in Chapter 11 proceedings, arguing that the firm's retention was never approved and its services "were unnecessary, inappropriate and duplicative."
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October 14, 2025
Calif. Passes New Laws On Children's Use Of Social Media, AI
California Gov. Gavin Newsom has signed into law several bills aimed at protecting children from threats associated with social media and emerging technologies, including by requiring age verification, limiting liability defenses for artificial intelligence developers and users and having companion chatbots remind minors to take breaks.
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October 14, 2025
Embryo Loss Class Claims Hinge On Calif. Suit, Judge Says
A Connecticut federal judge may pause a proposed class action blaming CooperSurgical Inc. for embryo losses during in vitro fertilization until a class certification motion is decided in a first-filed case in California, but the plaintiff will have until the end of the month to decide if she wants to proceed with only her direct claims instead.
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October 14, 2025
Texans Say Drinking Water Tainted With PFAS From Military Base
Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.
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October 14, 2025
Sunbeam Faces Class Action Over 'Defective' Oster Oven
Sunbeam Products Inc. is facing a proposed class action in Georgia federal court over Oster-brand French door countertop ovens that were recalled in September due to burn hazards caused by spring-loaded doors that can unexpectedly close and burn users.
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October 14, 2025
Calif. Seeks To Dismiss Feds' Suit Challenging Emission Regs
California is asking a federal court to dismiss the U.S. Environmental Protection Agency's lawsuit challenging the state's emissions standards for heavy-duty trucks.
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October 14, 2025
Mich. Urges Judge Not To Empower A 'Hall Monitor' DOJ
The state of Michigan has implored a federal judge not to give the U.S. Department of Justice any leash to preemptively challenge states' anticipated policy moves, saying "there would be no stopping point" to the federal government's interference.
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October 14, 2025
Calif. Gov. Vetoes 'Well-Intentioned' Bill Targeting PFAS
California Gov. Gavin Newsom rejected a bill that would require manufacturers to phase out their use of so-called forever chemicals in children's products, cookware, dental floss and other items, saying he agrees with the bill's health and environmental protection goals but that it could lead to higher costs for Californians.
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October 14, 2025
DuPont Pollution Suit To Advance Amid NC Top Court Appeal
North Carolina Attorney General Jeffrey Jackson's forever chemicals suit against two DuPont spinoffs will surge ahead while the companies pursue an appeal in the state's top court challenging Jackson's power to bring contamination claims, a state Business Court judge has ruled.
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October 14, 2025
Delta Urges Court Not To Certify Class In Greenwashing Suit
Delta Air Lines Inc. is asking a California judge to deny a motion to certify a proposed class action accusing it of overstating its emissions progress and falsely touting itself as the "first carbon-neutral" airline.
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October 14, 2025
Judges Back Ga. County's Use Of Outside Attys In Opioid Suit
The Georgia Court of Appeals has backed the dismissal of a lawsuit by Publix Supermarkets claiming a metro Atlanta county unconstitutionally hired outside counsel to pursue opioid litigation against the grocery chain, ruling Publix had "done nothing to assuage" the court's reasons for throwing out an almost identical suit earlier this year.
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October 14, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.
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October 14, 2025
Minn. Tribe Sues 3M, Tyco, Chemours Over PFAS Pollution
The Leech Lake Band of Ojibwe is suing 3M Co., BASF Corp., The Chemours Co. FC, Corteva Inc. and Tyco Fire Products, alleging they all made or sold products containing so-called forever chemicals that have contaminated the tribe's water supply and other resources.
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October 14, 2025
High Court Won't Hear FDA Stem Cell Regulation Fight
The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.
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October 14, 2025
Justices Won't Touch Liability Ruling At Superfund Site
The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.
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October 10, 2025
Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told
Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.
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October 10, 2025
Cummins To Settle Investor Suit Over Emissions Scandal
Engine manufacturer Cummins Inc. and an investor have reached an agreement to settle proposed class action claims that the company hurt investors by hiding emissions control devices in certain engines, for which the company has paid a record $2 billion to settle regulators' Clean Air Act claims.
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October 10, 2025
SC Woman Says Recall Not Enough For Wood In Corn Dogs
A South Carolina woman lodged a proposed class action Friday in California federal court claiming Foster Farms sold corn dogs later recalled for potentially containing wood in the batter, saying the recall isn't a sufficient remedy for consumers who've already bought the food.
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October 10, 2025
Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit
The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
9th Circ. Upholds Tossing Dietary Supplement False Ad Suit
The Ninth Circuit has upheld the dismissal of a proposed class action alleging Golo LLC falsely marketed its supplements as weight loss aids, ruling the claims are barred by federal law.
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October 10, 2025
Atty Can't Win AI Misconduct Sanctions In Malpractice Case
A New York federal judge will not sanction a plaintiff over alleged misuse of generative artificial intelligence in a malpractice case against her former lawyer, finding the attorney seeking sanctions had also "vexatiously protracted" the nearly decade-long litigation.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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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.