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Product Liability
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May 08, 2025
NJ Transit Must Face Suit Over Light Rail Crossing Death
A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.
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May 08, 2025
NC Failed To Act On PFAS Pollution, Chemours, EIDP Say
Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.
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May 08, 2025
Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing
The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 08, 2025
Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told
Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.
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May 08, 2025
Wash. Justices Uphold Ban On Large-Capacity Gun Magazines
The Washington State Supreme Court on Thursday said that a state law banning the sale of large-capacity magazines for firearms was constitutional, in an opinion that said the law was not in conflict with recent U.S. Supreme Court rulings expanding gun rights.
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May 08, 2025
Pa. Panel Backs $175M Roundup Verdict Against Monsanto
Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.
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May 08, 2025
Trulieve Wants Cannabis Concentrate Potency Suit Tossed
A group of cannabis companies and sellers led by Trulieve Holdings Inc. on Wednesday asked an Arizona federal court to throw out a man's claim that they mislabel cannabis edibles as concentrates to get around state THC limits, saying he has no standing to sue and the products are exactly what they are labeled as.
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May 07, 2025
FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight
A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.
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May 07, 2025
Fla. City Residents' Suit Over Corroded Water Pipes Revived
A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.
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May 07, 2025
Glove Box Warranty Supports Arbitration In EV Suit, FCA Says
An attorney for FCA US LLC told a Michigan federal judge Wednesday that agreements in so-called glove box warranties are enough to send a class action alleging the automaker knowingly sold certain electric vehicles with defective batteries to arbitration, while a lawyer for the consumers said such a request is "unprecedented."
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May 07, 2025
Investors Fight J&J, Kenvue Bid To Nix IPO Fraud Suit
A New Jersey federal judge shouldn't reconsider his decision to sustain IPO fraud claims against pharmaceutical giant Johnson & Johnson and a former subsidiary, investors suing the companies said Wednesday by arguing that the judge was right to find that the companies should have disclosed a "serious challenge" to the effectiveness of a common medication ingredient in public filings.
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May 07, 2025
Fertility Co. Accused Of Selling Bogus Tests Wasting Embryos
Women who sought fertility treatment filed a proposed class action against CCRM Fertility in Colorado federal court Wednesday, alleging the fertility clinic chain "aggressively" marketed its preimplantation genetic testing to thousands of vulnerable patients despite knowing the test is unreliable and wasted preciously limited, viable embryos.
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May 07, 2025
Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case
Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
Del. Justices Deny Bid To Revive Carvana Insider Trading Suit
Delaware's Supreme Court rejected a bid by Carvana stockholders to revive insider trading claims against the father of the company's CEO, alleging the senior businessman controlled the online car retailer and used inside information when selling $3.7 billion in shares.
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May 07, 2025
Splenda Maker Can't Claim Scientist's Research Is 'Defamation'
A North Carolina federal judge has partially dismissed claims from the maker of sweetener Splenda alleging that a scientist defamed the company by saying in a television interview that Splenda contains a harmful chemical, saying accurately stating the results of her research is protected by the First Amendment.
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May 07, 2025
Baltimore Claims Big Tobacco 'Playbook' Hooked Kids On Zyn
The city of Baltimore hit Philip Morris International Inc. with a consumer protection lawsuit in circuit court Wednesday, accusing the tobacco giant of violating a local ordinance by using "Big Tobacco's well-developed playbook" to deceptively market flavored Zyn nicotine pouch products and hook a new generation of nicotine users.
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May 07, 2025
Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits
A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.
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May 06, 2025
Pornhub Can't Challenge Section 230 Ruling With Fast Appeal
An Alabama federal judge Tuesday denied Pornhub parent company MindGeek's request to appeal his finding that the platform isn't protected by Section 230 of the Communications Decency Act against claims it profited from child sex trafficking and pornography.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
Whole Foods Beef Buyers Urge Judge Not To Wait On Justices
An attorney for a group of consumers alleging Whole Foods falsely advertises its beef as free from antibiotics urged a California federal judge Tuesday not to wait for a pending U.S. Supreme Court ruling about class certification standards for uninjured members, saying that all the purchasers were injured because they paid inflated prices.聽
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May 06, 2025
Delta Must Keep Battling Customers' Trimmed IT Outage Suit
A Georgia federal judge on Tuesday threw out the bulk of customers' proposed class action over the 2024 global tech outage that disrupted thousands of flights, while permitting a handful of customers to move forward with claims that Delta owed them refunds.
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May 06, 2025
Fla. Judge Limits Evidence Time Frame In Disney 'Wedgie' Suit
A Florida state court judge Tuesday denied a bid requiring Disney to show more than a decade of injuries on a water slide in a woman's lawsuit alleging she needed surgery after receiving a "painful wedgie" from the attraction, limiting the time frame to three years prior to her incident.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year鈥檚 pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court鈥檚 June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it鈥檚 imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow 鈥 which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets 鈥 but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court鈥檚 recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of 鈥渄irect physical loss or damage,鈥 say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes 鈥 from summary judgment standards to notice pleadings 鈥 which has, in turn, affected individuals鈥 substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.