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Product Liability
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March 14, 2024
EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers
The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.
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March 13, 2024
Netflix Doesn't Want 'Hatchet Wielding' Killer In Suit Either
While Netflix disputes that it defamed a Kentucky man for his appearance in its true-crime documentary titled "The Hatchet Wielding Hitchhiker," the streaming giant does agree with the plaintiff in the case that the real hatchet-wielding hitchhiker doesn't belong in the lawsuit.
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March 13, 2024
EPA Designates First Navajo Nation Superfund Site
The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.
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March 13, 2024
Mich. Justice Torn Over 'Unfairness' Of Law In Treadmill Suit
A Michigan Supreme Court justice on Wednesday seemed sympathetic to the plight of a woman who was injured when she fell off a treadmill because federal court proceedings affected her ability to timely bring state claims but said he didn't think the state's top court could tackle the likely legislative issue.
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March 13, 2024
Judge Says 'Exotic' Camp Lejeune Files Must Stay Intact
A North Carolina federal judge ruled that the federal government must produce water modeling project files in litigation over alleged injuries caused by decades-long water contamination at Marine Corps Base Camp Lejeune, ordering the government to avoid changing the format of some "exotic" files that could make them harder to parse.
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March 13, 2024
Juul Investor Tells Chancery: 'We Were Trying To Help'
A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.
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March 13, 2024
Autism Claims Tossed In Lockheed Martin Toxic Land Suit
A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."
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March 13, 2024
HP Says It's Upfront About Blocking Ink Cartridges
HP has urged an Illinois federal judge to throw out consumers' claims that it has a monopoly over the replacement-ink cartridge market and used software updates to block consumers from using cheaper rival cartridges in HP printers, saying it "goes to great lengths" to disclose that its printers are intended to work only with cartridges that have an HP security chip.
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March 13, 2024
Flint Found In Contempt Over Lead Pipe Replacement Delays
A Michigan federal judge has found the city of Flint in contempt for dragging its heels on court orders to replace the city's lead pipes after a 2017 settlement, finding that its belated, partial compliance was not enough to avoid the sanction.
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March 12, 2024
'Schrodinger's Gun' Beats ATF Bid To Defeat Pistol-Brace Suit
A firearms retailer can move forward with its lawsuit challenging the Biden administration's rule change classifying pistols fitted with stabilizing braces as short-barreled rifles, a Florida federal judge ruled, saying the "bar for overcoming" a Second Amendment claim "has recently been raised — significantly."
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March 12, 2024
Quaker Hit With False Ad Suit Over Pesticide In Oat Products
The Quaker Oats Co. faces a proposed class action in Illinois federal court alleging it markets its oat-based foods as being safe, healthy and nutritious while touting its commitment to high quality standards, despite omitting the risk of a toxic chemical pesticide in its products.
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March 12, 2024
Amazon Denies Concealing Texts In Alexa Users' Privacy Suit
Amazon has rebuffed claims that it withheld text messages in a proposed class action brought by unregistered Alexa users who alleged they were illegally recorded, arguing the plaintiffs accused the technology giant of yet another failure as discovery closes to "cast aspersions on Amazon's diligence and motives."
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March 12, 2024
NY Jury Rules Some Claims About Prevagen Are Misleading
A New York federal jury said some statements made by Quincy Bioscience about its memory booster Prevagen were misleading to consumers but found that most statements about the supplement were made on solid grounds.
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March 12, 2024
Tire Cos. Seek Exit From Salmon-Harming Chemical Suit
A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.
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March 12, 2024
'Ghost Gun' Co. Sued In Mich. For Selling To Teen Shooter
A Michigan resident who was shot by his friend with a handgun made using a do-it-yourself kit has sued a leading supplier of so-called ghost gun kits in state court, alleging the company was negligent by allowing a 17-year-old to buy a gun kit without making sure he was legally able to buy a firearm.
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March 12, 2024
Camp Lejeune Water Plaintiffs Push For Jury Denial Appeal
The plaintiffs suing the U.S. government over contamination of water at Camp Lejeune are urging a North Carolina federal court to allow them to appeal an order striking their bid for a jury trial, arguing there is substantial room for disagreement over whether the Camp Lejeune Justice Act allows for jury trials.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Maui Wildfire Case Sent Back To Hawaii State Court
A Hawaii federal judge lobbed to state court a family's suit seeking to hold Maui County, energy utilities, telecommunication companies and others liable for property damage caused by a wildfire that left over 100 people dead, rejecting the defendants' argument this case should be removed and consolidated in federal court.
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March 12, 2024
NTSB Slams Order To Allow Hands-On Train Parts Inspection
The National Transportation Safety Board objected to a federal magistrate judge's order compelling it to let a rail car leasing firm and a chemical company physically inspect parts of the Norfolk Southern train that derailed in East Palestine, Ohio, last year, arguing its own investigation could be harmed.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 12, 2024
Gold King Mine Contractor Looks To Toss Final Navajo Claims
An environmental and infrastructure services firm is asking a New Mexico federal judge to dismiss the last three claims the Navajo Nation lodged against it for the Gold King Mine spill in southwest Colorado, which sent several million gallons of hazardous mine waste into area waterways.
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March 12, 2024
Customers Drop PFAS Claims Against Conn. Water Co.
A trio of consumers who accused a Connecticut water company of overcharging them and providing water containing toxic "forever chemicals" withdrew their proposed class action from state court after the company argued it did not get to set its own price rates to begin with.
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March 11, 2024
Judge Tells Atty 'Not My Job To Go Research' Baby Food
A California federal judge on Monday appeared open to granting Plum Organics summary judgment on allegations the baby-food-maker failed to disclose potential toxins in its baby food products, doubting that the consumers have supported their claims with admissible evidence and telling counsel, "It's not my job to go research."
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March 11, 2024
Lyft Wants Out Of Rape Survivor's 'Untimely' Negligence Suit
Lyft Inc. has urged a California federal judge to toss a passenger's suit accusing the ride-hailing service of failing to protect her from a violent predator who raped her and got her pregnant, saying she filed the suit too late under both California and Florida law.
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March 11, 2024
Amazon Prime Video-Viewing Data Sparks Privacy Fears
Amazon is accused of illegally disclosing a virtual "warehouse" of private customer data, including what movies subscribers watch on Prime, without letting consumers opt out, according to a proposed class action filed in Washington federal court.
Expert Analysis
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Landmark Product Safety Prosecution May Signal Sea Change
U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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Evaluating Retroactivity Of Mich. Drugmaker Immunity Repeal
In assessing whether a new Michigan law lifting drugmakers' blanket immunity from product liability suits will apply retroactively, there are four key factors that Michigan courts will likely consider, say Sherry Knutson and Brenda Sweet at Tucker Ellis.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.