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Product Liability
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November 26, 2025
Forest Council Backs Feds In Mont. Logging Project Dispute
The American Forest Resource Council is asking a Montana federal court to allow it to intervene in a challenge by a group of environmental nonprofits over a plan to clear-cut 12,331 acres in the Flathead National Forest, saying its members have economic and protective interests at stake.
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November 26, 2025
Ill. Judge Trims DraftKings Sports Betting Promos Suit
An Illinois federal judge refused to dismiss outright a proposed class action claiming that DraftKings's advertisements fuel gambling addiction, but trimmed a few claims from the suit, finding several of the lead plaintiffs failed to specify when they saw the ads in question.
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November 26, 2025
MVP: Singleton Schreiber's Brett Schreiber
Brett Schreiber of Singleton Schreiber LLP won a $329 million verdict in a headline-grabbing suit against Tesla over a fatal crash in the Florida Keys, the first case to find Tesla's autopilot system defective, a win that secured him a spot as one of the 2025 Law360 Product Liability MVPs.
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November 26, 2025
Texas Panel Won't Toss Suit Against Houston Over Teen Death
A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.
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November 25, 2025
11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal
A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.
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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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November 25, 2025
Lowe's To Pay $12.5M To Settle Lead Safety Allegations
Lowe's will pay $12.5 million as part of a proposed settlement resolving the federal government's claims that its contractors failed to follow certain requirements to minimize lead exposure when renovating older homes, the U.S. Department of Justice and U.S. Environmental Protection Agency announced Tuesday.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
Oil Giants Sued Over Climate-Linked Rise In Insurance Costs
The fossil fuel industry spent decades pushing a coordinated disinformation campaign to conceal its central role in climate change, saddling homeowners with a multibillion-dollar increase in insurance costs as disasters grew more frequent and severe, according to a proposed class action filed Tuesday in Washington federal court.
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November 25, 2025
BMW Refuses To Cover Faulty Component, Suit Claims
BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.
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November 25, 2025
Ford Offered 'Paltry' Refund Over Missing Feature, Suit Says
Ford admitted it misrepresented that some of its F-150 Lightning trucks have a forward sensing system that helps drivers avoid hitting objects while parking, but will only offer a "paltry $100 refund" for those misrepresentations, alleges a proposed class action filed Tuesday in California federal court.
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November 25, 2025
Baby Vaseline Not Hypoallergenic As Claimed, Suit Says
Buyers of Vaseline petroleum jelly are suing the maker in New Jersey federal court, saying the "hypoallergenic" product's fragrance chemicals are allergens.
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November 25, 2025
MVP: Weil's Arianna Scavetti
Arianna Scavetti of Weil Gotshal & Manges LLP has secured wins for clients like PepsiCo Inc. and KeVita Inc., getting claims about plastic waste, ultra-processed ingredients and prebiotics dismissed, earning her a spot as one of the 2025 Law360 Product Liability MVPs.
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 25, 2025
NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights
The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.
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November 24, 2025
Williams Sonoma Sues Quince Over 'Dupe' Comparisons
Williams-Sonoma Inc. on Friday sued Quince in California federal court, accusing the direct-to-consumer retailer of falsely advertising to consumers that its products, though cheaper, are of the same high quality as Williams Sonoma's products.
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November 24, 2025
Monsanto Must Pay $28M Roundup Award, Calif. Court Says
A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years.
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November 24, 2025
Justices Asked To Curtail Qualified Immunity's Application
A legal group dedicated to rolling back administrative power is urging the U.S. Supreme Court to take up the National Rifle Association's suit against a New York official for investigating insurance companies that worked with the gun-rights organization, arguing the Second Circuit was wrong when it ruled that the official was entitled to qualified immunity.
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November 24, 2025
Amazon, Gillette Claim Oral-B Toothbrush Heads Were Fakes
Amazon and Gillette on Monday sued dozens of "bad actors" that the companies claim sold counterfeit Oral-B toothbrush heads on the e-commerce platform, misleading shoppers, lying to Amazon and infringing Gillette's trademarks.
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November 24, 2025
Amazon Says Digital Film Sales Are Not Like Owning DVDs
Amazon has urged a Seattle federal court judge to toss a proposed class action alleging the company lies to customers about whether they actually own movies purchased on its Prime Video platform, arguing the e-commerce giant clearly informs buyers that "content might potentially become unavailable" later on.
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November 24, 2025
5th Circ. Finds Gun Ban For Pot Users Unconstitutional
A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.
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November 24, 2025
Vt. Farmers, Enviro Org. Seek Win On Climate Superfund Law
Vermont organic farmers and an environmental group on Friday urged a federal judge to uphold the state's climate change Superfund law, which is being challenged by the Trump administration, red states and fossil fuel industry organizations.
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November 24, 2025
Meta Buried Own Research On Youth Harm, Schools Say
School districts are alleging that Meta clamped down on internal research showing that the mental health of young users suffered from compulsive use of its social media platforms, even as staff likened themselves to drug pushers.
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November 24, 2025
Unilever Class Must Show Standing Before OK Of $3.6M Deal
Unilever and two groups of customers have until Dec. 5 to explain to a Connecticut federal judge whether a proposed $3.6 million settlement defines a class so broad that it could include individuals who lack standing to sue on claims that certain aerosol dry shampoo propellants contained benzene.
Expert Analysis
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.