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Product Liability
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
Injury Law Roundup: Uber Wins Bellwether Sex Assault Trial
In our inaugural Injury Law Roundup, juries in the Golden State were busy as Uber won a closely watched sexual assault trial and Johnson & Johnson got crushed with a near $1 billion verdict in a talc case, while Boies Schiller Flexner LLP admitted to an artificial intelligence gaffe in a sex-assault-related case. Here, we put Law360 readers on notice of what's been recently trending in personal injury and medical malpractice news.
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October 17, 2025
CVS Can't Dodge Tobacco Surcharge Suit, Employee Says
CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.
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October 17, 2025
Boeing Sued Over 737 Crash In South Korea That Killed 179
The Boeing Co. has been hit with a negligence suit in Washington state court by the families of 14 people killed in the December crash of a 737 at a South Korean airport, facing accusations that the "antiquated" 1960s-era electrical and hydraulic systems resulted in a "massive failure" of the plane and the deaths of 179 people.
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October 17, 2025
Fla. College Students And Staff Sue Over PFAS Exposure
Floridians who attend, work at or live near the College of Central Florida say that their drinking water has been contaminated with so-called forever chemicals leached from firefighting foam used on campus, according to a suit against 3M and others recently removed to federal court.
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October 17, 2025
Cessna Maker Blames Pilots For Fatal Crash Into Factory
The pilot and co-pilot of a Cessna involved in a Connecticut crash that killed four people did not follow the takeoff checklist or disengage the parking brake, then failed to respond correctly to the plane's "reduced performance," the manufacturer has told a state court.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Judge Ends $4.6M Goodyear, Michelin Rubber Damage Suit
A Louisiana federal court officially dismissed a $4.6 million dispute involving Goodyear Tire & Rubber Co., Michelin North America Inc. and the companies' insurers over water damage to bales of rubber, saying the parties have fully settled their claims against CEVA Logistics companies and a New Orleans port operator.
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October 17, 2025
Utah Fires Motley Rice From Opioid Case
The state of Utah has fired Motley Rice LLC from representing it in long-running litigation over the opioid crisis, a spokesperson for the Utah attorney general's office confirmed to Law360 Pulse on Friday.
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October 17, 2025
Animal Medication Co. Mostly Escapes Dog Arthritis Drug Suit
A New Jersey federal judge trimmed claims in a proposed class action accusing animal-health giant Zoetis Inc. of concealing safety risks tied to its canine arthritis drug Librela, finding that the pet owners failed to allege specific misrepresentations or viable product-defect theories.
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October 17, 2025
Dexcom Faces Class Action Over Glucose Monitor Tech
A proposed class of consumers is suing Dexcom Inc., alleging that it falsely advertises its glucose monitoring systems as safe and accurate despite several defects making the results unreliable, and multiple U.S. Food and Drug Administration recalls in the past year.
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October 16, 2025
US Chamber Says $1B Smoking Verdict Shows Safeguards Needed
The U.S. Chamber of Commerce is urging the Supreme Judicial Court of Massachusetts to overturn a $1 billion punitive damages verdict against Philip Morris USA Inc., saying the magnitude of the sum shows safeguards are needed in cases involving punitive damages.
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October 16, 2025
Boeing Can't Ax Witness Ahead Of 737 Trial
A LOT Polish Airlines' expert witness will testify as to how much money the airline lost when it was forced to ground its fleet of 737 Max jets following two fatal crashes, a Washington federal judge has ruled, denying Boeing's bid to block the testimony during the upcoming Nov. 3 trial.
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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.
Expert Analysis
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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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.