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Product Liability
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August 29, 2024
Jury Clears Ore. Hospital That Implanted FDA-Flagged Mesh
A state jury cleared an Oregon hospital system and a surgeon of liability Wednesday over a patient's claims that prolapse mesh was implanted almost two weeks after the U.S. Food and Drug Administration ordered its maker to stop selling it.
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August 29, 2024
Judge Narrows Claims In Mercedes Sunroof Class Action
A Georgia federal judge has trimmed some claims from a proposed class action accusing Mercedes-Benz of offering vehicles with panoramic sunroofs prone to randomly shattering under normal conditions but allowed several state consumer protection claims, breach of implied warranty and fraudulent concealment claims to continue.
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August 29, 2024
Mars Wrigley Must Face False Ad Suit Over 'Real Cheese'
Snack maker Mars Wrigley could not escape claims it falsely advertised its Cheddar Cheese Combos as being made with "real cheese," after a New York federal judge ruled that consumers' adequately showed they paid a premium for inferior "cheese substitute."
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August 29, 2024
Schwab's 'Cash Sweep' Paid For TD Ameritrade Buy, Suit Says
The Charles Schwab Corp. has been hit with a proposed class action in California federal court by three customers alleging that the investment bank obtains "outsized benefits" from its cash sweep programs and used a significant amount of the cash to finance its $26 billion acquisition of TD Ameritrade Holding Corp. several years ago.
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August 29, 2024
Trucker Urges Justices To Back Wide RICO Scope In CBD Case
A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.
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August 29, 2024
Ill. Judge Overrules Dismissal For 6 Paraquat Cases
An Illinois federal judge on Wednesday declined to dismiss several cases in multidistrict litigation over the herbicide paraquat, finding that even though counsel didn't fill out questionnaires on time, it was because he was left the sole attorney in the firm after others quit.
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August 29, 2024
GM Can't Shake Off Shuddering-Transmission Class
General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.
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August 29, 2024
5th Circ. Says Pot Use Doesn't Bar Gun Ownership
The Fifth Circuit on Wednesday ruled that a federal law barring firearm possession by marijuana users is unconstitutional specifically as it pertains to a nonviolent user who was not actively intoxicated at the time of her encounter with law enforcement.
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August 28, 2024
Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill
California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.
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August 28, 2024
Telegram CEO Indicted In France Over Crimes On Platform
Paris prosecutors on Wednesday unveiled wide-ranging criminal charges against Pavel Durov, the founder and CEO of encrypted messaging-platform Telegram, accusing him of aiding illegal child-pornography, fraud and other crimes and obstructing investigations, and barring him from leaving the country.
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August 28, 2024
Mich. Pot Co. Says Court Can Hear Suit Against IP Atty
A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.
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August 28, 2024
6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit
The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.
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August 28, 2024
'Smoking-Gun' Flaw Found In New Ark. Hemp Law, Say Cos.
In a legal fight over a recent Arkansas state law restricting hemp-derived intoxicants, the hemp companies who brought the challenge told a federal judge Wednesday they found "smoking-gun evidence" from regulators showing the 2023 law is unconstitutionally vague.
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August 28, 2024
J&J Spinoff Beats Suit Over Tylenol 'Rapid Release' Labels
A New York federal judge tossed Tuesday a proposed class action accusing a Johnson & Johnson spinoff of misleading consumers by falsely claiming Tylenol's "Rapid Release" gelcaps relieved pain faster than alternative acetaminophen pills, finding the consumer's state claims are preempted by federal regulations.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
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August 28, 2024
Injured Driver Asks 6th Circ. To Revive Hyundai Car-Theft Suit
An Ohio motorist who was injured in a crash involving a stolen Hyundai vehicle driven by a teenager told the Sixth Circuit on Wednesday that the automaker must be held liable for knowingly selling defective theft-prone vehicles, and ineffectively combating a viral TikTok trend that launched a car-theft "epidemic."
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August 28, 2024
Calif. Couples Drop FujiFilm Suit Over Destroyed Embryos
California couples who sued a manufacturer of oil used in the in vitro fertilization process claiming the product killed their embryos are looking to drop their federal suit.
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August 28, 2024
Ford Buyers Fight Arbitration Bid In Faulty Transmission Case
A class of car buyers who claim Ford Motor Co. sold vehicles with bad transmission systems asked a Massachusetts federal judge to deny the carmaker's bid to arbitrate some of the claims, arguing Ford is trying to "dramatically expand the scope" of arbitration agreements with dealerships.
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August 28, 2024
Del. Justices OK Mid-Case Appeal In Zantac Class Suit
The Delaware Supreme Court on Tuesday said it would hear a mid-case appeal in mass tort litigation over claims that the heartburn drug ranitidine, widely sold under the name Zantac, caused cancer.
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August 28, 2024
The Biggest Enviro Cases To Watch In 2024: Midyear Report
Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
Attys Duel Over Fees After $12.8M Deal In Chiquita MDL
Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Miss. Seafood Co. Pleads Guilty To 'Fish Substitution' Scheme
The largest seafood wholesaler in the Mississippi Gulf Coast and two of its managers pled guilty Tuesday to scheming with others to market and sell cheap frozen fish imports as premium and locally sourced, federal prosecutors in Mississippi announced.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
Expert Analysis
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.