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Product Liability
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March 05, 2025
Igloo Must Pay For Finger-Chopping Coolers, Consumer Says
A California man is suing beverage storage company Igloo over its popular coolers and ice chests that he says have pinched, broken and even amputated fingertips, saying in a federal suit that the company's remedial efforts haven't been enough.
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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
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March 05, 2025
Gun Group Urges Full 6th Circ. Take Up Sig Sauer Safety Case
The right to keep and bear arms would be infringed if customers can sue gun manufacturers on a theory that a pistol without an external safety is defectively designed, a gun advocacy group is arguing, urging the full Sixth Circuit to review a product liability lawsuit against Sig Sauer Inc.
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March 05, 2025
Another Illinois Cannabis Biz Targeted In Potency Class Action
A plaintiffs firm that has represented consumers in multiple proposed class actions against Illinois cannabis companies, alleging unlawfully high THC levels in their wares, has launched a new suit, while a pending state court action against pot giant Ascend Wellness was moved to federal court.
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March 05, 2025
Bauer Hockey Helmet To Blame For Nose Injury, NJ Man Says
A New Jersey man says a hockey helmet made by Bauer is to blame for his nose injury when he was hit into the rink boards, according to a suit removed to federal court Tuesday.
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March 05, 2025
Insurer Wants Out Of Covering Ill. Pot Potency Suit
Admiral Insurance Co. is asking an Illinois federal court to clear it of any duty to cover a Shelbyville dispensary in a suit alleging that it mislabeled its products to get around the state's limits on THC.
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March 05, 2025
Airplane Parts Makers Say Fatal Crash Order Invites 'Chaos'
A pair of airplane parts makers have urged the North Carolina Supreme Court to reverse the dismissal of their appeal in a fatal crash case, arguing that the lower appellate court "usurped" the justices' authority by tossing the appeal despite an active stay order from the high court.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Volkswagen Settling Drivers' Suit Over Turbocharger
Volkswagen and Audi drivers who claim their cars contained defective turbochargers have asked a New Jersey federal judge to preliminarily approve a proposed class settlement that would have the automaker cover as much as half of certain out-of-pocket expenses the vehicle owners paid during the first 85,000 miles.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
Ga. PFAS Liability Bill Faces Debate Ahead Of Key Deadline
A Georgia bill to reduce corporate liability for PFAS contamination on Tuesday received strong industry backing and intense pushback from North Georgia residents and communities who warned state lawmakers against handing "a get-out-of-jail-free card" to carpet manufacturers accused of polluting waterways.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 03, 2025
Wrongful Death Claims Go Ahead In Social Media MDL
A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.
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March 03, 2025
Fiji Beats Ill. Microplastics Suit Over Lack Of Testing
An Illinois federal judge has tossed out proposed class claims that the company behind Fiji Water illegally labels the product as "natural" artesian water knowing it contains microplastics, saying Monday the consumers haven't pointed to scientific evidence directly tying the product to their claims.
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March 03, 2025
Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit
Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.