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Product Liability
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October 18, 2024
FTC Probing John Deere Over Right-To-Repair Policies
The Federal Trade Commission is investigating concerns that John Deere unlawfully restricts the repair of its farm equipment, as the company continues to face private litigation over its right-to-repair policies.
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October 18, 2024
Class Sues Fisher-Price Over Swing Linked To 5 Deaths
A proposed class of parents is suing Fisher-Price Inc. and its parent company Mattel Inc. over an infant swing recalled last week after five infants died while using it to sleep, alleging that the recall is inadequate and that the company failed to disclose the risks.
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October 18, 2024
Hemp Industry Group Sues Louisiana Officials Over New Law
Louisiana hemp interests on Friday filed a federal lawsuit against the governor and attorney general challenging a new state law meant to rein in intoxicating hemp products, alleging the new policy runs afoul of the federal law that legalized hemp nationally.
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October 18, 2024
Philly Atty Suspended After Guilty Plea In Pill Mill Scheme
A Philadelphia attorney who pled guilty to filling fraudulent opioid prescriptions in his side job as a part-time pharmacist had his law license suspended for a year and a day, the Supreme Court of Pennsylvania announced.
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October 18, 2024
Tesla Car's Pedestrian Crash Opens NHTSA Death Probe
The National Highway Traffic Safety Administration on Friday said that it is investigating Tesla's self-driving systems after several accidents, including one that struck and killed a pedestrian.
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October 17, 2024
Apple's $20M Watch Defect Deal Lacks Info, Judge Says
A California federal judge has declined to preliminarily approve Apple's $20 million deal to resolve a proposed class action alleging certain Apple Watches have a battery defect that can cause serious injuries, ordering counsel to submit additional information, including details on the lawsuit's maximum value if consumers win at trial.
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October 17, 2024
Monsanto Again Seeks Pause As Seattle PCB Trial Begins
Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.
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October 17, 2024
E-Cig Regs Are Congress' Job, Not FDA's, GOP Pols Tell Justices
Republican lawmakers told the U.S. Supreme Court that Congress, not the U.S. Food and Drug Administration, should regulate flavored e-cigarettes, and that the regulator overstepped its authority by banning the sale of the vape products.
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October 17, 2024
Chevron, Syngenta Want 600 'Baseless' Paraquat Cases Nixed
Chevron and Syngenta urged an Illinois federal judge on Wednesday to begin the dismissal process for almost 600 paraquat plaintiffs the companies say have flouted a court order to document their alleged exposure to the pesticide.
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October 17, 2024
FCA Blames Supplier For Defective Parts Leading To Recalls
FCA US LLC is suing one of its parts suppliers in Michigan federal court, alleging that it sold the automaker air heater grid relays for its Ram pickup trucks with a defect that can cause fires even when the vehicles are turned off and caused multiple recalls.
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October 17, 2024
EPA Settles With Car, Parts Cos. Over Clean Air Act Violations
The U.S. Environmental Protection Agency announced that it has finalized settlements with Shyft Group Inc. and Double R Diesel to resolve enforcement actions alleging they violated the Clean Air Act, with Shyft agreeing to pay a $2 million penalty.
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October 16, 2024
Philips Says $12M Sanction Needed For Evidence Destruction
A spoliation sanctions hearing for around $12 million in royalty damages turned terse when the owner of a medical device equipment sale and servicing company seemingly hedged his statements, with a Texas federal judge saying, "Oh my gosh, just answer the question," during the Wednesday hearing.
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October 16, 2024
SD Power Co. Agrees To Stormwater Protections At Facilities
A California federal judge has signed off on a consent decree between two conservation groups and the San Diego Gas & Electric Co. to close out a lawsuit over the utility's management of chemically treated wood waste.
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October 16, 2024
2nd Circ. Scrutinizes Conn. Restrictions On AR-15s
A Second Circuit panel put the phrase "dangerous and unusual" under a microscope Wednesday as three judges considered dual challenges to Connecticut's post-Sandy Hook bans on assault rifles and large-capacity magazines, working to parse out whether the state's restrictions are allowed under U.S. Supreme Court precedent.
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October 16, 2024
Monsanto's Appellate Bid To Stop Seattle PCB Trial Flops
A Washington appellate commissioner won't overrule a lower court's decision to forge ahead with a pending Monsanto PCB poisoning trial, rejecting the company's request to pause until the state Supreme Court decides a similar case, concluding that she would be improperly "substituting" her judgment for the trial court's by pausing the case.
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October 16, 2024
Hawaii Utility Beats Investor Suit Over Wildfire, For Now
A California judge on Tuesday dismissed a shareholder suit filed against Hawaiian Electric Industries Inc. in the wake of a deadly fire on Maui in 2023, but will allow plaintiffs to amend their claims that the company failed to warn investors about its inadequate risk mitigation program.
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October 16, 2024
Inspector Says It's Not To Blame For $3.4M Yacht Damage
A company that inspected a boat hoist that failed during the launch of a yacht said it wants out of a $3.4 million dispute between Lloyd's syndicates and underwriters and a Seattle boat builder, telling a federal court that its actions did not cause the damage to the vessel.
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October 16, 2024
Bottling Co. Worker's Injury Suit Sent To Pa. State Court
A Pennsylvania federal judge has remanded a Niagara Bottling LLC worker's suit over an industrial accident to state court, adopting a magistrate judge's report finding that a newly added defendant removes diversity among the parties.
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October 16, 2024
DC Circ. Urged To Let Feds Fix Pipeline Safety Rules
A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.
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October 16, 2024
Georgia EV Battery Manufacturer Settles Fire Suit
A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.
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October 16, 2024
Kia Drivers Say Automatic Van Doors Have Dangerous Defect
A proposed class of drivers is suing Kia Corp. and Kia America Inc. in Maryland federal court, alleging Kia sold minivans with automatic sliding doors that don't stop or reverse when blocked like they are supposed to.
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October 15, 2024
Boeing Judge Wants DEI Monitor Pick Info Before Plea Ruling
The Texas federal judge overseeing prosecutors' criminal case against The Boeing Co. on Tuesday said he needs more information on a provision of the proposed plea deal regarding how the U.S. Department of Justice would select an independent monitor in compliance with the agency's diversity and inclusion policies.
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October 15, 2024
Meta Limits But Can't Shake Social Media Addiction MDL
A California federal judge on Tuesday refused to ax sprawling multidistrict litigation accusing Meta Platforms Inc. and other social media giants of designing their platforms to addict children, finding that a broad tech liability shield required claims pressed by dozens of state attorneys general to be narrowed but not tossed.
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October 15, 2024
Horizon Lodges 4-Fold Attack On Tepezza MDL Bellwethers
Horizon Therapeutics argued Tuesday that an Illinois federal judge should toss out nine of the dozen cases selected as bellwethers in multidistrict litigation targeting hearing loss issues with its biologic Tepezza, saying they're preempted because the label was approved with those problems in mind.
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October 15, 2024
Tribes, Backers Urge Justices To Take On Oak Flat Dispute
Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.
Expert Analysis
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.