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Product Liability
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October 29, 2024
PE-Owned Implant Maker Plagued By Lawsuits Hits Ch. 11
Joint implant maker Exactech Inc. on Tuesday filed for Chapter 11 protection in Delaware bankruptcy court with an offer from its current investors to buy the company, as a wave of lawsuits tied to product recalls weighs on the private equity-owned firm.
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October 28, 2024
Hershey's 'Bubble Yum' Contains PFAS, Consumer Alleges
The existence of "forever chemicals" in The Hershey Co.'s Bubble Yum brand bubblegum undermines the multinational candy company's commitment to transparency about the ingredients in its products, a new proposed false advertising class action filed in California state court alleges.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
Sterigenics Says Residents Can't Tie Harms To Ethylene Oxide
Medical sterilization company Sterigenics US LLC and its parent, Sotera Health LLC, are asking a Georgia state judge to exclude expert testimony put forward by Peach State residents alleging their ethylene oxide emissions harmed them, and to dismiss the residents' claims against them.
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October 28, 2024
Wash. AG Candidates Clash On Consumer Protection, Guns
The candidates vying to replace Washington Attorney General Bob Ferguson, who carved out a national reputation as an antitrust champion, present starkly different visions on whether to build upon his tenure or reverse course, clashing not just on consumer protection, but also gun safety and access to reproductive care.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
Where's The Beef? Subway Customer Sues Over Meaty Ads
Subway was hit with a putative class action Monday in New York federal court claiming ads for the popular chain's Steak & Cheese sandwich show the product with at least 200% more meat than the subs that are handed to customers.
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October 28, 2024
Judge Hopes To Avoid Vote Issue Repeat In Talc Ch. 11 Plan
A Delaware bankruptcy judge on Monday told a pair of talc producers that the proposed creditor voting procedures on their joint Chapter 11 plans will need some work to avoid a repeat of the voting problems that derailed a previous attempt to settle asbestos injury claims.
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October 28, 2024
X Says Watchdog's Discovery Can't Target Musk In Libel Suit
X Corp. fired back Monday at a left-leaning watchdog's attempt to secure information concerning how the social media platform polices its content, telling a Texas federal judge that the organization is merely trying to get a "scoop" by obtaining Elon Musk's personal messages.
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October 28, 2024
Philip Morris Nicotine Pouch Suit Not About Labels, Court Told
A lawsuit accusing Philip Morris International of misleading customers of its ZYN nicotine pouches asserts claims under business practices and false advertising statutes, but not the federal labeling law the tobacco giant is invoking in its dismissal bid, the suing consumer told a Connecticut federal court.
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October 28, 2024
Navajo See Growing Trend After Return Of Ceremonial Masks
The Navajo Nation says there is a growing trend among the descendants of collectors and amateur archaeologists to give Indigenous artifacts back to their rightful owners, after a donor returned a set of 11 ceremonial masks that the tribe says vitally define its sovereignty.
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October 28, 2024
Flint Bellwether Delayed On Eve Of Trial, Again
A Michigan federal judge delayed Monday a bellwether trial set to determine if a water engineering firm was professionally negligent for its role in the Flint water crisis one day before jury selection was scheduled to begin and without explanation.
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October 28, 2024
Judge Tosses Hearing-Loss MDL Bellwether With Voided Law
Horizon Pharmaceuticals Inc. on Monday was able to remove one of the 12 cases selected as bellwethers in multidistrict litigation over claims that its thyroid eye disease treatment causes hearing loss, relying on a repealed Michigan law to create a dismissal-worthy conflict.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
Apple's $20M Watch Defect Deal Gets OK With More Details
A California federal judge gave his blessing Friday to Apple's $20 million settlement to resolve a proposed class action alleging certain Apple Watches have a battery defect that can cause serious injuries, after telling counsel earlier this month to submit additional information about the deal's value.
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October 28, 2024
Feds Defend DEI Monitor Provision In Boeing Plea Deal
The U.S. Department of Justice said it will consider diversity and inclusion when it picks an independent compliance monitor for The Boeing Co. under a proposed plea agreement in the company's criminal conspiracy case, reassuring a Texas federal judge that the selection process will be rigorous.
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October 28, 2024
Amazon, Google Accuse Website Of Selling Fake Reviews
Amazon and Google filed parallel lawsuits Monday in federal court against the entities behind a website they say facilitates fake product and business reviews, saying in an announcement that the two tech giants teamed up to "take action against bad actors attempting to deceive customers."
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
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October 28, 2024
CrowdStrike Fires Back At Delta In IT Outage Blame Game
CrowdStrike filed a federal lawsuit against Delta Air Lines on Friday, the same day the airline filed a $500 million complaint in Georgia state court blaming the cybersecurity firm for implementing "untested and faulty updates" to its software that knocked out computers with Microsoft Windows operating systems worldwide.
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October 28, 2024
Stellantis Must Face Door-Defect Claims In Mich. For Now
Car manufacturer Stellantis NV cannot escape a putative class action over allegedly weak interior panels in certain Dodge and Chrysler vehicles just yet, a Michigan federal judge determined on Monday, explaining he would defer judgment until the record is more fully developed.
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October 28, 2024
Tesla Atty Faces Sanctions Bid Over Mediation Appearance
Tesla and an in-house attorney are facing a sanctions bid in California federal court for reportedly appearing at a mediation in a wrongful death case despite lacking settlement authority, causing "delay and unnecessary expense" to the widow of a man who died when his Tesla allegedly ran off the road, crashed and ignited.
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October 25, 2024
Delta Says CrowdStrike Must Pay For Catastrophic IT Outage
When cybersecurity firm CrowdStrike implemented "untested and faulty updates" to its software, knocking out computers with Microsoft Windows operating systems worldwide, Delta Air Lines' operations were crippled, costing it $500 million as thousands of flights were canceled, according to the airline's lawsuit lodged Friday in Georgia state court.
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October 25, 2024
Jury In Formula Trial Told Baby's Condition Likely Genetic
An expert witness for Abbott and Mead Johnson in the first joint trial against the baby formula makers told a St. Louis jury Friday he believes the child at the center of the case has a genetic condition that's responsible for most of his intellectual impairment.
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October 25, 2024
Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight
A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."
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October 25, 2024
Jury Mostly Sides With Woodland Tools On False Ad Claims
A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.