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Product Liability
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July 03, 2025
Peloton Execs Resolve NY Investor Suit Over Treadmill Risks
A New York federal judge has approved a deal resolving derivative claims against the leadership of fitness company Peloton Interactive Inc., settling allegations of safety issues with its Tread+ treadmill by requiring governance reforms and awarding $1.75 million in attorney fees and costs.
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
Biggest Environmental Law Decisions Of 2025: Midyear Report
The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Natera Inks $8.25M Deal To End Prenatal Tests Suit
A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.
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July 03, 2025
TRESemme Buyers' Claims Too Tangled For Class Cert.
A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.
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July 03, 2025
Zimmer Biomet Bone Cement Doesn't Bond, NC Suit Says
Medical device manufacturer Zimmer Biomet has been hit with a product liability suit in North Carolina over its compound for bonding prosthetic to bone, with a woman blaming an alleged design defect for problems she encountered following knee replacement surgery.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
What To Watch In Mass. Courts In The Second Half Of 2025
Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Residents Urge Judge To Redo Ruling Backing Alaska Casino
A group of Anchorage, Alaska, residents opposed to a plan to build a casino urged a federal judge to reconsider a ruling finding the Native Village of Eklutna has sovereign immunity and can't face a lawsuit seeking to block the development plan.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
The Biggest Rulings From Mass. High Court So Far In 2025
Massachusetts' top court has tackled a controversial housing initiative, the thorny issue of qualified immunity for public employees and even a high-profile murder case in the first six months of 2025.
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July 02, 2025
Retailers Want New NY Algorithmic Pricing Law Blocked
The National Retail Federation on Wednesday asked a New York federal court to block a new state law that requires retailers to disclose the use of so-called "algorithmic pricing," claiming that the practice helps save customers money and the law would force retailers to use a "misleading and ominous warning."
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July 02, 2025
Trump Asks Justices To Pause CPSC Members' Reinstatement
The Trump administration asked the U.S. Supreme Court Wednesday to stay a Maryland federal court's ruling that the president's removal of three U.S. Consumer Product Safety Commission members was unlawful, while the commissioners argue they should be allowed to continue serving through the government's appeal.
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July 02, 2025
Pa. Court Rejects Concealed Carry Constitutional Challenge
In yet another decision clarifying the state's gun laws, the Pennsylvania Superior Court ruled that although a 19-year-old convicted of having a firearm in his car illegally couldn't obtain a concealed carry license due to his age, state licensing requirements did not violate his Second Amendment rights.
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July 02, 2025
Drugmaker Escapes Suit As Deceased Found To Be Negligent
A medication manufacturer can't be held liable for the death of a woman who suffered a heart attack after using a drug designed only for those with asthma and potentially fatal to those without, a North Carolina appeals court ruled Wednesday in a published opinion, saying the death was caused by the failure of the woman and her boyfriend to read the label.
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July 02, 2025
Ill. Judge Asks Deere Rivals To Stop Pestering Court Staff
The judge overseeing the FTC's antitrust enforcement action against farm machinery maker Deere & Co. has penned a light-hearted order calling out another judge and asking equipment manufacturers to stop calling his staff to ask for advice.
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July 02, 2025
Insurers Blast Avon Ch. 11 Talc Injury Trust
A group of insurance carriers is asking a Delaware bankruptcy judge to reject cosmetic seller Avon Products' Chapter 11 plan, saying it would unfairly force them to pay possibly bogus talc injury claims.
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July 02, 2025
Top Product Liability News In H1 2025
There was no shortage of big rulings, verdicts and happenings in the product liability sphere in the first half of 2025. Here, Law360 looks at the most significant news cross-referenced with the articles that garnered the most page views.
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July 02, 2025
Samsung SDI Co. Escapes NY Woman's E-Scooter Fire Suit
A New York federal judge on Wednesday dismissed a woman's claims against Samsung SDI Co. Ltd. over an electronic scooter battery that she said caught fire and injured her, saying she failed to establish that the court has any jurisdiction over the South Korea-based company.
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July 02, 2025
Best Buy Gets Laptop Speed False-Ad Suit Sent To Arbitration
An Illinois federal judge ruled Wednesday that a Best Buy customer who accused the electronics retailer of falsely advertising the ASUS Vivobook laptop of operating at higher speeds than it was actually capable of must arbitrate his claims against the company.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Kenyan Firm's Boeing Crash Fee-Sharing Suit Is Tossed
An Illinois federal judge has thrown out a suit by a Kenyan firm alleging that an Illinois firm wrongly pushed it out of a fee-sharing agreement stemming from a settlement with Boeing over the 2019 Ethiopian Airlines 737 Max crash, finding some of the claims fall under Illinois' litigation privilege, while the rest are unsupported by the complaint.
Expert Analysis
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.