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Product Liability

  • July 08, 2025

    Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.

  • July 08, 2025

    Cooley Boosts DC Office With Top CPSC Trial Atty

    A four-year veteran of the U.S. Consumer Product Safety Commission has joined Cooley LLP as a special counsel, where she'll work with the firm's global product compliance and East Coast business litigation group in Washington, D.C., the firm announced Tuesday.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

  • July 07, 2025

    Credit Suisse Can't Ditch Bondholder's UBS Merger Suit

    A New York federal judge Monday rejected Credit Suisse's bid to escape investor litigation alleging it concealed the impact of quarterly losses and the bank's inability to retain clients leading up to its takeover by UBS AG while certifying a class of investors and consolidating two cases for pretrial proceedings.

  • July 07, 2025

    Gun Rights Groups Sue To Overturn National Firearms Act

    Multiple gun rights advocacy groups asked a Texas federal court to throw out most of the National Firearms Act, saying that because the One Big Beautiful Bill Act reduced the tax for certain controlled firearms to $0, the NFA could no longer pass a constitutional smell test.

  • July 07, 2025

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025

    The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.

  • July 07, 2025

    Mich. Starbucks Customer Drops Hot-Drink Burn Suit

    Starbucks Corp. and a customer who suffered severe burns when hot tea spilled on her lap at a Michigan drive-through have confidentially settled her negligence lawsuit, culminating in a dismissal with prejudice in federal court.

  • July 07, 2025

    Alaskan Tribe's Immunity Upheld In Anchorage Casino Fight

    A federal court judge on Monday denied a bid by a group of Anchorage, Alaska, residents to reconsider a ruling that found the Native Village of Eklutna is immune from the residents' lawsuit seeking to block a casino development, saying their arguments are no more than a disagreement with the court's analysis.

  • July 07, 2025

    Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet

    Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.

  • July 07, 2025

    Deere & Co. Needn't Give More Financial Docs In Repair Suit

    An Illinois federal judge overseeing twin cases alleging Deere & Co. is violating the Sherman Antitrust Act through its control of repair tools decided Monday not to force the company to produce its dealer financial analysis documents, saying any relevant information in them has already been produced elsewhere in the cases.

  • July 07, 2025

    Uber Is Sued After Driver Allegedly Raped Fla. Bartender

    A bartender at a Miami-area restaurant has sued Uber after she allegedly was raped by a driver in November 2023, saying the ride-hailing company failed to use real-time facial recognition to verify the identity of a male driver who was using his wife's account to complete rides.

  • July 07, 2025

    11th Circ. Backs 30-Year Sentence Despite Marijuana Shifts

    The Eleventh Circuit on Monday upheld a 30-year sentence for a man convicted of possessing cocaine, marijuana and a firearm, rejecting his assertions that the punishment was excessive in light of shifting attitudes and laws surrounding marijuana.

  • July 07, 2025

    Green Group, Chemours Battle Over W.Va. PFAS Injunction Ask

    An environmental group is urging a West Virginia federal court to prevent Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River, while the company is fighting the effort.

  • July 07, 2025

    Biggest Enviro Cases To Watch In 2025: Midyear Report

    Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.

  • July 07, 2025

    P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good

    The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.

  • July 07, 2025

    Catching Up With Delaware's Chancery Court

    In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.

  • July 07, 2025

    Some Class Certs. Granted In Amazon Alexa Privacy Suit

    A Washington federal judge on Monday granted class certification to plaintiffs with registered Amazon Alexa devices in a suit alleging the devices recorded and stored their conversations, and he denied class certification to those plaintiffs who did not have registered devices.

  • July 03, 2025

    J.Jill Can't Compel Arbitration In False Price Discount Suit

    A California federal judge has refused to ship to arbitration a proposed class action accusing J.Jill of advertising false reference prices on products sold throughout its website, finding that the clothing retailer had failed to put the plaintiff on adequate notice that she would be bound to arbitration simply by placing an order as a guest.

  • July 03, 2025

    Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits

    Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.

  • July 03, 2025

    Peloton Execs Resolve NY Investor Suit Over Treadmill Risks

    A New York federal judge has approved a deal resolving derivative claims against the leadership of fitness company Peloton Interactive Inc., settling allegations of safety issues with its Tread+ treadmill by requiring governance reforms and awarding $1.75 million in attorney fees and costs.

  • July 03, 2025

    Youths Urge 9th Circ. To Revive Federal Equal Protection Case

    A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.

  • July 03, 2025

    Biggest Environmental Law Decisions Of 2025: Midyear Report

    The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Natera Inks $8.25M Deal To End Prenatal Tests Suit

    A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.

Expert Analysis

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Trump Policies Are Affecting The Right To Repair

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    Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

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    In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • And Now A Word From The Panel: MDL Hubs

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    The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

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