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Product Liability
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January 31, 2025
Titan Sub Death Suit Sent To Wash. State Court
A Washington federal judge on Friday remanded to state court a wrongful-death lawsuit filed on behalf of a French explorer who died aboard the Titan submersible while exploring the wreck of the Titanic, saying Jones Act claims can't be removed to federal court if the plaintiff chooses to file in state court.
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January 31, 2025
Jet Co. Can't Escape Suits Over Producer's Death In Crash
A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban
New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
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January 31, 2025
Cannabis Test Lab Says Competitors Fudging Results
A Massachusetts cannabis testing lab accused eight of its competitors of intentionally inflating results for potency and concealing findings of contamination in order to lure away customers, according to a lawsuit filed in state court.
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January 31, 2025
Seasoned Patterson Belknap Trial Team Joins Linklaters In NY
Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.
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January 30, 2025
OnlyFans Alleged Rape Video Suit Sent To Fla. State Court
A Florida district judge adopted a magistrate judge's recommendation to dismiss a federal lawsuit brought by Jane Doe, an alleged victim who claimed OnlyFans profited from a video of her rape, but sent the case back down to state court where the remainder of her allegations will be tried.
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January 30, 2025
Big Ass Fans Agrees To Fine Over COVID-19 Filtering Claims
Fan maker Big Ass Fans has agreed to pay nearly half a million dollars in penalties and restitution to resolve false advertising claims related to ceiling fan attachments it marketed during the COVID-19 pandemic as being able to kill over 99% of pathogens within an hour.
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January 30, 2025
AA Jet And Army Helicopter Crash: What We Know So Far
The midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River will spark multiple inquiries and regulatory actions on air traffic control procedures and flight paths that may raise sticky questions about the scope of the federal government's liability in future litigation, experts say.
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits
Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.
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January 30, 2025
Erewhon, Mother's Market Sued Under Prop 65 For Lead In Chips
Erewhon and Mother's Market & Kitchen sold kale chips with cadmium and lead, which could cause cancer and reproductive harm, a consumer protection group said Wednesday in a complaint in California state court that seeks to hold them liable for violations of Proposition 65.
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January 30, 2025
Consumers Want L'Oréal Acne Products Suits In Hawaii
Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.
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January 30, 2025
Peruvians Tell High Court Smelter Lawsuit Should Proceed
Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.
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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
SCOTUSblog Publisher Can't Shield Home From Forfeiture
SCOTUSblog publisher Tom Goldstein won't be able to shield his Washington, D.C., residence from forfeiture by substituting various properties in South Carolina as he battles charges that he dodged taxes and used his law firm's money to pay off gambling debts.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
BI Ignored 'Red Flag After Red Flag' On Zantac, Jury Hears
Counsel for two men retrying their cancer case against Boehringer Ingelheim told an Illinois state court jury Wednesday that the drugmaker stuck its head in the sand and ignored warning signs that taking its over-the-counter Zantac could lead to cancer development.
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January 29, 2025
Ferrari Exits Fla. Driver's Brake Defect Suit Due To Jurisdiction
A race car driver who suffered life-altering injuries when the Ferrari 458 Challenge he was driving crashed into a concrete wall can't sue Ferrari in state court, a Florida state appeals court panel ruled Wednesday, saying the courts do not have jurisdiction over the Italian automaker.
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
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January 29, 2025
CPSC Wants Baby Sleep Co.'s Weighted Blanket Suit Tossed
The Consumer Product Safety Commission urged a D.C. federal court to toss a suit brought by Dreamland Baby Co., saying it and one of its commissioners acted within their authorities when warning the public against using weighted blankets for infants, like the ones the company makes.
Expert Analysis
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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.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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EPA's New Lead Pipe Rule Leaves Key Questions Unanswered
The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.