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Product Liability
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case
The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.
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November 20, 2024
DEA Accused Of Colluding With Reform Foes In Pot Row
Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.
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November 20, 2024
CPSC Misunderstands Magnet Risks For Kids, Court Told
An attorney for the magnet industry told the Tenth Circuit on Wednesday that consumer safety regulators wrongly focused on the size of magnets when trying to protect children from the danger of swallowing them, when the real danger of high-powered magnets comes from swallowing multiple magnets, regardless of size, not single magnets that may be small enough to swallow.
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November 20, 2024
Veggie Co. Hit With False Ad Suit Over E. Coli Outbreak
A proposed class of consumers is suing Grimmway Enterprises Inc., alleging that it failed to disclose that its whole and baby carrot products were or could be contaminated with e. coli, deceiving buyers into thinking they were safe for consumption.
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November 20, 2024
Infant Sleep Co. Says CPSC Wrongly Maligned Products
Dreamland Baby Co. is suing the Consumer Product Safety Commission and other government agencies in D.C. federal court, alleging that the CPSC broke its own rules when a "rogue" commissioner told retailers that its infant weighted sleep products were dangerous.
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November 20, 2024
Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge
The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan C. McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Andrew P. Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.
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November 20, 2024
Beasley Allen And J&J Tussle Over Atty Sanctions Bid
Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.
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November 20, 2024
3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims
A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.
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November 19, 2024
Monsanto's Bid To Pause PCB Trial Again Shot Down
A Washington state appellate commissioner on Friday again refused to undo a trial court's decision not to pause a chemical poisoning tort trial playing out in Seattle, rejecting Monsanto's contention that the court committed "obvious error" in letting the trial proceed while the state's highest court decides a similar case.
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November 19, 2024
Vets' Attys Want Nonprofit To Get $63M Of Agent Orange Funds
Counsel representing a class of Vietnam veterans exposed to Agent Orange and their survivors in litigation that settled 33 years ago urged a California federal judge on Tuesday to hand $63 million in unclaimed funds to a legal nonprofit, a request the federal government has contested.
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November 19, 2024
DC Circ. Wonders Where To Land On Terrorism Liability Claims
Hypotheticals were flying Tuesday morning at the D.C. Circuit, where a three-judge panel spent more than two hours trying to figure out whether a recent U.S. Supreme Court decision means they need to stop the revival of a suit accusing pharmaceutical companies of funding terrorism in Iraq.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
What's On Deck At 10th Circ. Arguments In CPSC Magnet Case
On Wednesday, the Tenth Circuit will hear arguments over whether a rule from the Consumer Product Safety Commission over safety standards for high-powered magnets is overly broad and unconstitutional. Here, Law360 looks at what the parties are expected to argue.
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November 19, 2024
Costco Shoppers Say Kirkland Fish Oil Pills Hide Heart Risks
Costco shoppers filed a putative false advertising class action in California federal court Monday accusing the big-box retailer of misleading consumers to believe its Kirkland brand of fish oil omega-3 supplements have heart health benefits, despite there being increased risks associated with fish oil, including atrial fibrillation.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say
Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.
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November 19, 2024
Truck Insurance Must Arbitrate Asbestos Coverage Claims
Truck Insurance Exchange must arbitrate its dispute with a group of reinsurers over coverage for asbestos bodily injury claims filed against Kaiser Cement & Gypsum, a California federal judge ruled, saying there was "little difficulty" in concluding that the case falls within the parties' arbitration agreement.
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November 19, 2024
Calif. Man Wants 9th Circ. To Rehear LG Battery Decision
A California man who alleges that a faulty LG Chem Ltd. 18650 lithium-ion battery melted the skin off his hand is asking the Ninth Circuit for an en banc rehearing of a decision dismissing his defect claims against the company, saying the panel broke with other circuits and binding precedent by finding that California courts did not have jurisdiction over the Seoul-based company.
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November 19, 2024
Conn. Firm CEO's Wife Dropped From Ex-Partner's Suit
Connecticut lawyer Andrew P. Garza on Tuesday dropped attorney Allison M. McKeen, the wife of his former 50-50 law firm partner Ryan C. McKeen, from a lawsuit surrounding the breakup of Connecticut Trial Firm LLC, a high-dollar firm where all three once worked together.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 18, 2024
Monsanto PCB Jury Hears About Ex-Schoolchildren's Illness
Four teenagers and a mother suing Monsanto over PCB damage at their former school took the stand Monday to testify, some tearfully, about physical and mental maladies they believe stem from exposure to decades-old light fixture fluid.
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November 18, 2024
Apple Gets Some AirTag Stalking Claims Tossed, For Now
The California federal judge overseeing a proposed class action accusing Apple of failing to safeguard its AirTag tracking device from being abused by stalkers on Monday tossed product liability claims brought by consumers outside of California, saying Golden State law calls for the "place of the wrong" to take precedence.
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November 18, 2024
3M Can't Add DuPont, Others To PFAS Water RICO Fight
A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.