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Product Liability
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.Â
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law
The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.
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September 09, 2025
Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit
A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.
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September 09, 2025
Eye Care Co. Sold Misbranded Products, Suit Says
A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.
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September 09, 2025
Feds Say Lejeune Litigants Can't Link Chemical To Illnesses
The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.
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September 09, 2025
1st Circ. Says Insurer Must Defend Heating Oil Class Action
An insurer for a heating oil company must defend the company in a Massachusetts class action accusing it of damaging customers' heating equipment by adding too much biodiesel to its heating oil, the First Circuit ruled, finding the company's provision of the oil to customers constituted separate occurrences.
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September 09, 2025
Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap
The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.
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September 08, 2025
Uber Put Profits Over Safety, Jury Told At 1st Sex Assault Trial
Uber put growth and money over passenger safety, counsel for a woman claiming she was sexually assaulted by a driver said Monday at the first trial in coordinated proceedings in San Francisco involving hundreds of plaintiffs, while Uber's lawyer countered sexual violence incidents against passengers are "exceedingly" rare.
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September 08, 2025
Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight
The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court.Â
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September 08, 2025
Lowe's Workers Drop Suit Claiming Unlawful Insurance Fees
Ex-Lowe's employees have dropped a proposed class action alleging the home improvement retailer violated federal law by overcharging tobacco-using employees for health insurance, according to a notice filed in North Carolina federal court.
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September 08, 2025
Attys Debate 'Misuse' Or 'Defect' In Ga. Mattress Injury Trial
A truck driver and his wife, who sued a mattress-maker and bedding components supplier over injuries she allegedly received after her skin was punctured by a mattress in a tractor-trailer's sleeping cabin, told an Atlanta jury that the mattress was defective, while the companies blamed mattress "misuse."
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed
A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.
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September 08, 2025
Firefighters Say PFAS Economic And Health Harms Are Real
Connecticut firefighters and unions hit back Friday at Honeywell, DuPont and other safety gear manufacturers trying to exit their federal proposed class action that alleges the companies sold gear with hazardous forever chemicals, saying they had alleged enough economic and health risks for their suit to proceed.
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September 08, 2025
E-Bike Co. Hid Battery Issues, Investor Says In Stock Suit
An investor sued Fly-E Group Inc. on Monday in New York federal court, alleging that the company and its officers ignored slumping sales because of problems with its lithium-ion batteries, inflating stocks until they dropped by 87% in a single day when the truth came out.
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September 08, 2025
Class Actions May Be The New Injunction Bid, And Next Target
In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Tracking The Copyright Fights Between Creators And AI Cos.
In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.
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September 05, 2025
Trump Admin Says Enviro Groups Can't Block GHG Report
The Trump administration has told a Massachusetts federal judge that a lawsuit challenging its formation of a climate change science advisory panel is a misguided ploy to undermine the U.S. Environmental Protection Agency's impending reconsideration of the harms of greenhouse gases.
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September 05, 2025
Disney Faces Class Action Over Kids' Data Use On YouTube
Entertainment giant Disney Co. targets millions of children by failing to mark YouTube videos as "made for kids," allowing third-party advertisers to collect their personal information illegally, according to a proposed class action filed Friday in California federal court.
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September 05, 2025
Calif. Tribes Seek Ban On Kalshi's Alleged Sports Gambling
Native American tribes in California are asking a federal court for an injunction that would prevent trading platform Kalshi from offering sports contracts on its lands, arguing Kalshi's advertising is illegal and detracts from the tribes' casinos.
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September 05, 2025
FDA Explains Rejection Of MDMA Therapy For Treating PTSD
The U.S. Food and Drug Administration rejected a historic new drug application to treat post-traumatic stress disorder with the psychedelic MDMA due to concerns with the drug's safety and effectiveness and with the design of the clinical trials behind the bid, according to an agency letter made public Thursday.
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September 05, 2025
Casper Can't Escape Innovator-Liability Drug Label Suit
A California federal judge won't let Casper Pharma LLC escape an innovator-liability suit alleging that its failure to provide adequate warnings on its gout treatment led to the death of a man who used its generic version.
Expert Analysis
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.