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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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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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California Shows A Viable Way Forward For PFAS Testing
The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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Take AG James' Suit Over Enviro Claims As A Warning
New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.