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Product Liability
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January 16, 2025
No 'Half Measures' On Tort Reform In 2025, Ga. Gov Pledges
Georgia Gov. Brian Kemp threw down the gauntlet in his annual State of the State address Thursday and promised to deliver on tort reform, for decades an intractable issue in Peach State politics.
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January 16, 2025
3M Hit With PFAS Suit Over Wash. Resident's Cancer Diagnosis
A woman who lives near the Spokane International Airport filed suit Thursday against 3M, DuPont and various other companies over alleged "forever chemical" contamination of her drinking water, claiming her adult son has developed cancer after decades of exposure.
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January 16, 2025
Mining Co. Can Intervene In Nevada Lithium Project Suit
A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.
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January 16, 2025
Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try
A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Boiler Co. Blamed For Carbon Monoxide Deaths In $18M Suit
The home-heating boiler in a Massachusetts home where three people died of carbon monoxide poisoning last year lacked a sensor or switch that would have shut it down after water from condensation blocked an improperly installed vent pipe, a lawsuit filed in state court Wednesday alleges.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Chamber Slams Opioid Judge's PBM Audit Privilege Ruling
The Sixth Circuit must step in to prevent a pharmacy benefit manager from being forced to turn over internal compliance audit documents, the U.S. Chamber of Commerce has said, arguing a lower court's decision threatens to undermine the existence of in-house counsel's attorney-client privilege.
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January 15, 2025
Toyota Asks NC Court To Undo 'Impossible' Discovery Orders
Toyota and Subaru urged the North Carolina Supreme Court to review an appeals court's decision that left in place a slew of "impossible" discovery obligations, saying they are "unjustly" being held responsible for violations they did not commit and face "a likelihood of crushing" sanctions.
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January 15, 2025
Hino Motors Inks $1.6B Deal To End Emissions Fraud Claims
Toyota unit Hino Motors Ltd. will pay approximately $1.6 billion in criminal and civil penalties to close out claims it illegally manipulated emissions and fuel-economy test results for more than 100,000 diesel vehicles sold in the U.S., the Justice Department announced Wednesday.
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January 15, 2025
Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim
A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.
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January 15, 2025
Energy Giants Escape NYC's Climate Deception Suit
A New York state judge has dismissed the Big Apple's suit accusing Exxon, BP and Shell of deceiving the public about the climate change effects of their operations, saying the city has failed to allege its consumer protection laws were violated.
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January 15, 2025
3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal
3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
Feds Float Safety Rule For Growing CO2 Pipeline Network
Gas- and liquid-phase carbon dioxide pipelines would be subject to new safety standards including improved emergency response and public communications practices under a rule proposed Wednesday by the federal government.
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January 15, 2025
Delta Passengers Press To Keep IT Outage Suit Alive
A group of Delta customers suing the airline over its response to last year's global tech outage that grounded thousands of flights urged a Georgia federal judge Tuesday to keep their claims alive, arguing federal law doesn't permit the company's "shirking contractual obligations to which it had previously agreed."
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January 15, 2025
Chinese Execs Sent Fentanyl Precursor To NY, Jury Told
A novel fentanyl-trafficking case went to trial in New York federal court on Wednesday, with prosecutors arguing that two Chinese chemical executives inked a multimillion-dollar deal to export the raw materials for the drug to a Manhattan lab in 2023.
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January 15, 2025
FDA Bans Red Dye No. 3, Citing Cancer Link In Animal Studies
The U.S. Food and Drug Administration on Wednesday said that it is banning the use of a red dye, Red No. 3, which gives food and drinks a bright red color but has also been linked to cancer in animals.
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January 15, 2025
Mass. Justices Bolster Local Enforcement Of Tobacco Laws
Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.
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January 15, 2025
FTC Brings Right-To-Repair Suit Against John Deere
The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.
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January 15, 2025
Justices Say Nixing Federal Claims Ends Federal Jurisdiction
The U.S. Supreme Court on Wednesday said a proposed class action over alleged mislabeling of prescription dog food was appropriately sent back to state court, holding that once the plaintiff dropped her federal claims, the federal courts no longer had jurisdiction.
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January 14, 2025
Wash. Co. Says Titan Sub Implosion Claims Should Be Tossed
A Washington state-based company that allegedly helped construct the Titan submersible that imploded en route to the Titanic wreck in 2023 has said certain maritime claims lodged by the family of one of the victims are invalid because he wasn't an employee of the company.
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January 14, 2025
ACT Mouthwash Label Poses Risk For Kids, Parents Claim
Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.
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January 14, 2025
Wash. Justice Asks If Gun Law Impedes Self-Defense Right
A Washington state justice asked Tuesday if a state law banning the sale of large-capacity magazines for firearms can survive recent U.S. Supreme Court rulings expanding gun rights, noting that millions of people own the ammunition devices for self-defense.
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January 14, 2025
Fla. Panel Told Law Precludes Damages For Smoker's Heir
Two tobacco companies told a Florida state appellate panel Tuesday that a surviving daughter of a deceased smoker can't collect millions of dollars in a wrongful death case, arguing that the law precludes her from collecting damages because her father died before the case had been redecided on appeal.
Expert Analysis
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.