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Product Liability
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost
A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Ga. Justices Revive Suit Over L'Oréal Hair Relaxer Health Risks
The Georgia Supreme Court reversed a decision by the state's Court of Appeals that barred a woman's suit alleging that chemicals in hair relaxers made by L'Oreal USA Inc. and Strength of Nature Global LLC caused her to develop uterine fibroids.
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October 15, 2025
Consumer Says Nail Fungus Product Falsely Marketed
A North Carolina man hit Arcadia Consumer Healthcare Inc. with a proposed class action in federal court accusing the company of falsely advertising that its product Fungi-Nail is meant to treat nail fungus, although the fine print on the back label says otherwise.
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October 15, 2025
Judge Sinks Youths' Suit Challenging Trump Energy Orders
A Montana federal judge on Wednesday dismissed a suit by youths seeking to undo President Donald Trump's energy-related emergency orders, saying that it's beyond the power of federal courts to dictate U.S. environmental and energy policy.
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October 15, 2025
Glock Loses Bid To Toss New Jersey AG's Gun Violence Suit
A New Jersey state judge has declined to dismiss a suit brought by the state's attorney general seeking to hold Glock Inc. liable for gun violence, finding that a recent U.S. Supreme Court decision in a case brought by Mexico against gunmakers doesn't bar the state's claims.
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October 15, 2025
2nd Circ. Won't Block NY Ammo Sales Background Check Law
The Second Circuit on Wednesday decided not to block enforcement of a New York law requiring background checks for ammunition sales, finding the "mere inconveniences" of a potential delay and a $2.50 fee don't meaningfully constrain the plaintiffs' Second Amendment rights.
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October 15, 2025
3rd Circ. Weighs If AR-15s Are 'Dangerous,' 'Unusual' Arms
The full Third Circuit on Wednesday quizzed counsel in a gun rights case about whether AR-15s, other widely owned semi-automatic firearms, and high-capacity magazines should be considered so "dangerous" or "unusual" as to not be protected by the Second Amendment, with the panel giving no clear leanings as to how it might rule.
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October 15, 2025
Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit
A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.
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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.Â
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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.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.