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Product Liability
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December 16, 2024
Vape Cos. Say Ky. Regulations Violate Federal Law
A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.
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December 16, 2024
Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims
A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.
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December 16, 2024
The Biggest Massachusetts High Court Rulings Of 2024
Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.
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December 13, 2024
NHTSA Publishes Whistleblower Program Final Rule
The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.
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December 13, 2024
NJ Town Fights DuPont Bid To Pause $1B Pollution Suit
A small New Jersey township's billion-dollar suit against Chemours and E.I. du Pont de Nemours should continue without delay, the municipality argued, saying the companies "in their effort to race to" an appeal failed to follow proper court protocol.
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December 13, 2024
EPA Mandates More Worker Safety For Carbon Tetrachloride
The U.S. Environmental Protection Agency finalized a rule this week on carbon tetrachloride exposure, requiring "robust" employee safety planning on worksites but continuing to allow for its use as a feedstock for refrigerants.
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December 13, 2024
Sexual Abuse, Price-Gouging Bills Clear Michigan Senate
Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.
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December 13, 2024
Wis. Tribe Challenges Enbridge Pipeline Reroute Permits
The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.
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December 13, 2024
Philly Atty Gets Harsher Discipline In NJ For Pill Mill Conviction
The New Jersey Supreme Court has suspended an attorney for three years following his conviction for filling fraudulent opioid prescriptions in his side job as a part-time pharmacist, according to a recently filed order.
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December 13, 2024
McKinsey To Pay $650M For Work With Opioid Maker Purdue
Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.
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December 12, 2024
9th Circ. Ruling Could Tank Gerber Baby Food False Ad Suit
A California federal judge weighing whether to toss a Bay Area mother's proposed class action accusing Gerber of deceptively claiming health benefits on its labeling for pureed baby and toddler food pouch products said Thursday that a recent Ninth Circuit decision in a similar case against Sprout Foods might doom the fraud claims against Gerber.
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December 12, 2024
Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases
A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.
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December 12, 2024
JPML Won't Send Infant Formula Suit Back To State Court
The Judicial Panel on Multidistrict Litigation has declined to remand a suit to California state court in an MDL over allegations that the Similac and Enfamil formulas for preterm babies have a higher propensity to cause necrotizing enterocolitis, rejecting the argument by plaintiffs that jurisdiction is lacking.
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December 12, 2024
J&J Shampoo Contamination Suit Sent Down The Drain
A New Jersey federal judge has thrown out a proposed class action alleging Johnson & Johnson sold coal tar-based shampoo that contained the carcinogen benzene, saying the plaintiff's allegations fall far short of giving him standing.
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December 12, 2024
MOVEit Data Breach MDL Survives Dismissal Bid
Progress Software and a group of more than 100 businesses, healthcare providers and government agencies can't end a putative class action over a data breach tied to Progress' MOVEIt file transfer tool, a Massachusetts federal judge said Thursday.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Doomed Cessna's Owner, Lessee Dropped From Conn. Suits
The owner and lessee of a Cessna private jet that crashed into a Connecticut factory, killing all four people on board and injuring others on the ground, have escaped from two lawsuits that sought to hold them liable alongside the aircraft's manufacturer, Textron Aviation Inc.
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December 12, 2024
Energy Co. Gets Redo Of $150M Power Plant Explosion Trial
A California appeals court has ordered a new trial and vacated a $150 million verdict against Diamond Generating Corp. in a suit by the family of a worker killed in a power plant explosion, saying the jury should have been instructed to determine whether DGC retained enough control over the plant's operations to be held liable.
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December 11, 2024
MDL Judge Rejects Meta's Claim Discovery Is Burdensome
A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.
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December 11, 2024
Character.AI Encouraged Child To Kill His Parents, Suit Says
Two minors and their parents sued Character.AI, its founders and Google in Texas federal court, alleging the "dangerous" technology exposed the children to hypersexualized and violent content, with a chatbot character even encouraging one of the kids to kill his parents because they limited his screen time.
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December 11, 2024
LA Fitness Fights To End DOJ's Gym Accessibility Suit
LA Fitness urged a California federal judge to toss the U.S. Department of Justice's civil enforcement lawsuit alleging the gym chain failed to accommodate patrons with disabilities at its nearly 700 locations across the country, arguing the lawsuit relies on "isolated" incidents and doesn't show "a pattern and practice."
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December 11, 2024
Doctors Group Asks DC Circ. To Pause Pot Hearings
A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.
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December 11, 2024
Mixed 5th Circ. Backs $14M Exxon Texas Air Pollution Fine
A mixed Fifth Circuit on Wednesday backed a $14 million fine against ExxonMobil Corp. over air pollution in southeast Texas, with a per curiam opinion stating the court wouldn't have reheard the case if it had known it would take more than 18 months to issue an opinion.
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December 11, 2024
Toyota Must Face 'Parasitic Drain' Claims, Ga. Judge Says
A proposed class action alleging that Toyota's RAV4 SUV suffers from a known defect that drains the car's battery while shut off was largely preserved Wednesday by a Georgia federal judge, who declined to dismiss all but one of the claims against the manufacturer.
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December 11, 2024
DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix
The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.