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Product Liability
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit
Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.
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February 19, 2025
3rd Circ. Doubts Alleged Cancer Risk Devalued Drug
A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.
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February 19, 2025
LA Gardasil Trial Against Merck Bagged After 3 Weeks
A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.
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February 19, 2025
No Coverage For Seller In NY Ghost Gun Suits, Insurer Says
The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.
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February 19, 2025
BP Must Face Contract Claim In Bayer's $12M Benzene Suit
BP can't escape claims that it breached its contract with a chemical supplier currently defending a $12 million lawsuit from Bayer over alleged benzene contamination in two antifungal sprays, an Illinois federal judge ruled on Tuesday.
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February 19, 2025
Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors
A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.
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February 19, 2025
Product Liability Group Of The Year: Sullivan & Cromwell
Sullivan & Cromwell LLP helped Koninklijke Philips negotiate a $1.1 billion settlement agreement ending sprawling litigation related to its recalled sleep breathing machines, causing company stock to jump and landing the firm a spot among the 2024 Law360 Product Liability Groups of the Year.
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February 19, 2025
Conn. Trial Firm Split Must Return To Arbitration, Judge Rules
A dispute over the breakup of a Connecticut personal injury firm known for high-dollar verdicts must for now return to arbitration, a Connecticut judge ruled Wednesday, saying an arbiter, not the court, must decide initial questions about the feud's proper forum.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Studies Don't Show Zantac Cancer Risks, Jury Hears
Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.
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February 18, 2025
J&J Talc Unit Launches 2-Week $10B Ch. 11 Settlement Trial
A Johnson & Johnson spinoff began its case Tuesday for a $10 billion Chapter 11 settlement of the company's talc liability before a Texas bankruptcy judge while opponents of the deal questioned the legitimacy of the bankruptcy case and the plan vote.
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February 18, 2025
Exxon, Koch Lose Bid To End Minn. Climate Change Suit
A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Pa. Justices To Weigh Philly Ban On 3D-Printed Gun Parts
The Pennsylvania Supreme Court will decide whether a state law preempting most local gun restrictions applies to the whole field of firearms regulations, or whether ordinances like Philadelphia's ban on 3D printing gun parts and assembling them are exempted because the parts aren't "firearms" themselves, the court announced Tuesday.
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February 18, 2025
Suit Blames Electrolux Burners For Pa. Family's House Fire
Subsidiaries of Swedish appliance manufacturer Electrolux are facing another design defect lawsuit claiming that its stove knobs are too easily turned on by accident, with the latest suit coming from a Philadelphia-area family whose home burned down.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Torrent Of Eaton Fire Suits Call For Organization, Judge Says
A Los Angeles judge said Tuesday that discovery into the cause of last month's devastating Eaton Fire should wait until dozens of related suits against Southern California Edison have been organized and can "proceed efficiently and fairly."
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February 18, 2025
Sidley Expands In Calif. With Latham Emerging Cos. Atty
Sidley Austin LLP is expanding its West Coast team, bringing in a Latham & Watkins LLP emerging companies specialist as a partner in its San Francisco Bay Area offices.
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February 18, 2025
Product Liability Group Of The Year: Kline & Specter
Kline & Specter PC's product liability practice group secured billions of dollars in verdicts in cases against Monsanto over its weedkiller Roundup and has helped to lead mass tort litigation over Elmiron's bladder drugs, earning it a place as one of the 2024 Law360 Product Liability Groups of the Year.
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February 18, 2025
Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform
A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
Expert Analysis
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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.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.