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Product Liability
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October 28, 2025
Pa. Homeowners Ask Justices To Revive Toll Bros. Suit
A group of 37 Pennsylvania homeowners urged the state's high court to revive their construction defects claims against major homebuilder Toll Brothers Inc. and its subsidiaries, arguing that an arbitrator wrongfully tossed their claims without conducting an evidentiary hearing.
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
Chancery Lets J&J, Dow Fight To Save Asbestos Data
The Delaware Chancery Court has refused to toss a suit by Johnson & Johnson, Dow Chemical and other major asbestos-defendant companies that are seeking to block a set of bankruptcy trusts from destroying decades of exposure data.
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October 27, 2025
Insurer, Roofer Settle $4.7M Poultry Farm Storm Damage Suit
An Arkansas federal judge on Monday dismissed with prejudice Norfolk & Dedham Mutual Fire Insurance Co.'s suit against Rogers Manufacturing Corp. over $4.7 million in damage from roof collapses after the parties told the court that they'd satisfied all the terms of a settlement reached earlier this month.
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October 27, 2025
Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.
An airport authority for Grand Rapids, Michigan, has urged the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court.
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October 27, 2025
Judge Tosses Eli Lilly Suit Over Telehealth Weight Loss Drugs
A California federal court has dismissed a lawsuit from Eli Lilly against a telehealth company and related entities over the compounding of its popular weight loss drugs Mounjaro and Zepbound, saying the pharmaceutical giant's complaint failed to plausibly allege claims under the Lanham Act and the state's false advertising and consumer protection laws.
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October 27, 2025
Amazon Sued By Conn. Family After Toy Battery Caught Fire
A Connecticut family says they were forced to vacate their home for 75 days and get rid of most of their possessions after a battery for model cars and trains purchased from Amazon exploded, setting the home on fire and releasing toxic fumes.
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October 27, 2025
Buyers Drop Gatorade Bar 'Health Halo' Suit Against Pepsi
A proposed class of consumers is dropping its suit against PepsiCo alleging it created a "deceptive health halo" around its Gatorade bar products by hyping up their high protein content while downplaying their high sugar content.
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October 27, 2025
Ex-Magellan CEO Avoids Prison Over Faulty Lead Tests
The former CEO of Magellan Diagnostics was sentenced in Massachusetts federal court Monday to a year of home confinement for failing to alert regulators to a problem in the company's lead-testing devices that resulted in inaccurately low lead levels being detected in blood samples.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Meta To Face Sanctions Bid Over Alleged Atty-Advice Fraud
Plaintiffs told the California federal judge presiding over social media-addiction multidistrict litigation that Meta should be sanctioned after a D.C. court found Meta likely engaged in "crime, fraud, and/or misconduct" when, on the advice of counsel, it modified its research into Facebook's effects on teens' mental health to limit its liability.
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October 24, 2025
Groups Ask Justices To Limit Jurisdiction In Audi Defect Fight
A leading automotive industry group asked the U.S. Supreme Court on Friday to tighten the limits on specific personal jurisdiction over foreign defendants, saying a California state appeals court improperly held that personal injury plaintiffs could haul German auto giant Audi AG to court in California.
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October 24, 2025
Pfizer Hit With More Suits Over Depo-Provera
Three women sued Pfizer this week in Florida federal court, alleging its hormonal contraceptive birth control shot Depo-Provera caused their brain tumors in the latest claims that the major drugmaker failed to warn of the link.
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October 24, 2025
Cannabis Company Cresco Wants Potency Suit Tossed
Cannabis giant Cresco Labs asked an Illinois federal judge to end a proposed class action accusing it and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that this is an issue for state lawmakers to handle, not the judiciary.
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October 24, 2025
NHTSA Seeks Answers From Tesla About 'Mad Max' Mode
The National Highway Traffic Safety Administration on Friday said it was seeking more information from Tesla about its new "Mad Max" driver assistance mode that can drive in traffic at higher speeds.
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October 24, 2025
US Steel Makes Midtrial Escape From Philly Asbestos Suit
U.S. Steel Company made a midtrial escape on Friday from a case by an estate seeking to hold the company liable for alleged exposure to asbestos that purportedly caused a woman's mesothelioma.
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October 24, 2025
Buyer Sues Target, Says Heated Blanket Burned Her
A Washington woman is suing Target Corp. and Berkshire Blanket & Home Co. Inc. in federal court, alleging she suffered severe burns to her toes when a heated blanket she bought overheated.
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October 24, 2025
Admin Of $600M Derailment Deal Accused Of 'Alarming' Errors
Class counsel who inked a $600 million derailment settlement with Norfolk Southern called on an Ohio federal judge to revoke nearly $10 million in fees paid to the case's prior settlement administrator after an initial audit found "alarming, large-scale errors" in its claims management.
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October 24, 2025
Campbell's Sued Over 'No Artificial Flavors' Cape Cod Chips
Campbell's falsely advertises its Cape Cod Kettle Cooked Potato Chips as containing "no artificial colors, flavors or preservatives" despite citric acid being an ingredient, which deceives consumers who prefer foods they think are healthier to consume, according to a proposed class action filed Thursday in New York federal court.
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October 24, 2025
Hagens Berman Wants Judge DQ, Alleges Drug Lawsuit Bias
Hagens Berman Sobol Shapiro LLP asserted Friday that the Pennsylvania federal judge overseeing the long-running thalidomide birth-defect litigation in the state should be recused, alleging over 100 undisclosed private contacts between the court and special discovery master as an indication of bias.
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October 24, 2025
NFL Players' Race Bias Claims Tossed In Concussion Case
A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.
Expert Analysis
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.