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Product Liability
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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.
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October 14, 2025
Judges Back Ga. County's Use Of Outside Attys In Opioid Suit
The Georgia Court of Appeals has backed the dismissal of a lawsuit by Publix Supermarkets claiming a metro Atlanta county unconstitutionally hired outside counsel to pursue opioid litigation against the grocery chain, ruling Publix had "done nothing to assuage" the court's reasons for throwing out an almost identical suit earlier this year.
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October 14, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.
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October 14, 2025
Minn. Tribe Sues 3M, Tyco, Chemours Over PFAS Pollution
The Leech Lake Band of Ojibwe is suing 3M Co., BASF Corp., The Chemours Co. FC, Corteva Inc. and Tyco Fire Products, alleging they all made or sold products containing so-called forever chemicals that have contaminated the tribe's water supply and other resources.
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October 14, 2025
High Court Won't Hear FDA Stem Cell Regulation Fight
The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.
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October 14, 2025
Justices Won't Touch Liability Ruling At Superfund Site
The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.
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October 10, 2025
Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told
Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.
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October 10, 2025
Cummins To Settle Investor Suit Over Emissions Scandal
Engine manufacturer Cummins Inc. and an investor have reached an agreement to settle proposed class action claims that the company hurt investors by hiding emissions control devices in certain engines, for which the company has paid a record $2 billion to settle regulators' Clean Air Act claims.
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October 10, 2025
SC Woman Says Recall Not Enough For Wood In Corn Dogs
A South Carolina woman lodged a proposed class action Friday in California federal court claiming Foster Farms sold corn dogs later recalled for potentially containing wood in the batter, saying the recall isn't a sufficient remedy for consumers who've already bought the food.
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October 10, 2025
Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit
The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.
Expert Analysis
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.