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Product Liability
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March 25, 2025
Sports Shooting Org. Wants NJ Nuisance Law Case Revived
The National Shooting Sports Foundation is pushing a New Jersey federal court to reopen its case challenging a law that would hold firearms manufacturers and sellers liable for crimes by people who have bought their guns, accusing the Garden State's attorney general of "hoodwinking" the Third Circuit two years ago in promising not to enforce the law.
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March 25, 2025
Calif. Justices Reject Fees For Hyundai Drivers In Settled Case
A California couple who settled a lemon law dispute with Hyundai Motor America during trial for less than what the carmaker had previously offered cannot recover their costs from Hyundai because they did not win a judgment and are not the prevailing party, the state supreme court ruled.
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March 25, 2025
Ford To Explore Mediation After $2.5B Rollover Verdict
At the suggestion of a Georgia federal judge, Ford Motor Co. and a family that won a $2.5 billion punitive damages verdict against the company last month in a fatal Super Duty truck rollover trial have agreed to give mediation a try before the company presses ahead with efforts to get the record-breaking award overturned.
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March 25, 2025
'No Problem' Means No New Trial For Drivers Suing FCA
Drivers won't get a second shot at taking Fiat Chrysler to trial over allegations of faulty automatic head restraints in its vehicles, a Florida federal judge has ruled, saying a verdict that awarded zero dollars in damages makes sense since the lead plaintiff had "no problems with his vehicle."
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March 25, 2025
A Look At 6 States Tussling Over Tort Reform Legislation
There are six state legislatures, mostly in the South, that are debating whether to install business-friendly tort reform legislation or dismantle medical malpractice guardrails. The bills run the gamut from potential game-changing legislation in Georgia, to efforts in Texas to cap certain types of personal injury damages.
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March 25, 2025
Stellantis Seeks Dismissal Of Jeep Fire Risk Class Action
Stellantis NV has urged a Michigan federal court to toss allegations that certain model year Jeep Wranglers and Gladiators are at risk of catching fire, saying most of the drivers haven't experienced issues with their vehicles.
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March 24, 2025
BMW AG Can't Ditch Suit Over Airbag Explosion In Ill.
An Illinois federal judge on Monday refused to throw out a BMW driver's lawsuit alleging he was severely injured after an airbag in his car exploded, ruling that the German-based company is indeed subject to the court's jurisdiction in the Prairie State.
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March 24, 2025
Kenvue, J&J Must Face Investor Suit Over FDA Concerns
Consumer health products business Kenvue Inc. and former parent company Johnson & Johnson cannot escape a consolidated lawsuit accusing the companies of failing to warn investors about the potential ineffectiveness of leading products like Tylenol and Sudafed ahead of Kenvue's initial public offering, a New Jersey federal judge ruled on Monday.
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March 24, 2025
Salesforce Can't Escape Backpage Sex-Trafficking Suit
A Texas federal judge has ruled Salesforce must face a suit over the sex trafficking of women on Backpage.com, the defunct classified ads website that utilized the company's software, saying it was properly alleged that Salesforce should have been aware of Backpage's connection to prostitution.
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March 24, 2025
4th Circ. Halts Removal Of PFAS Suits Against 3M
The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.
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March 24, 2025
Skechers Says Insurer Shirked Defense Of Nonslip Shoe Suit
Skechers' insurer wrongfully refused to defend the shoe giant in a putative class action over slip-resistance problems with some of its shoes, Skechers told a California state court in seeking at least $750,000.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Judge Slams Pa. County For 'Sneaky' Climate Suit End Run
A Pennsylvania state judge seemed skeptical Monday that Bucks County's Big-Tobacco style lawsuit against oil companies should move forward, calling out the county for what he said was its commissioners' attempt to avoid scrutiny by filing the lawsuit without first providing the public adequate notice.
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March 24, 2025
Jags Fraudster Says FanDuel Skewing Law To Escape Suit
A man accusing FanDuel of enabling his gambling addiction that he says led to his conviction for embezzling $20 million from the Jacksonville Jaguars said the company is misconstruing a key legal concept in an attempt to escape his lawsuit.
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March 24, 2025
Energy Giants Urge Puerto Rico Judge To Nix RICO Suit
A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.
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March 24, 2025
Monsanto Hit With $2.1B Verdict In Ga. Roundup Case
A Georgia jury has ordered Monsanto to pay nearly $2.1 billion to a man who said his cancer was caused by the weedkiller Roundup, in what his attorneys called the largest single-plaintiff injury verdict in the state's history.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Boeing's Ex-CEOs, Suppliers Escape 737 Max Family's Claims
An Illinois federal judge on Friday dismissed a suit from an Ethiopian Airlines crash victim's family alleging former Boeing CEOs were personally liable for the company's negligence, holding the complaint lacks facts regarding what the CEOs knew about the jet's overall safety after another crash five months earlier.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Fla. Whistleblower Suit Filed Over Deadly Theme Park Ride
A technician who worked at a Florida amusement park has filed a whistleblower lawsuit over trying to report the unsafe conditions on a ride that led to the death of a 14-year-old boy, alleging unlawful termination after refusing to falsify maintenance records at the behest of supervisors.
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March 21, 2025
Bausch & Lomb Says Amcor Must Pay For Botched Bottles
A packaging company evaded quality controls to deliver defective plastic bottles that caused a slowdown in manufacturing at a Bausch & Lomb facility, the eye care company has claimed in a complaint filed in Michigan federal court.
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March 21, 2025
Imerys Insurers Want Italian Subsidiary's Ch. 11 Tossed
A foreign affiliate of bankrupt talc miner Imerys does not qualify for Chapter 11 protection, a group of insurance carriers have told the Delaware bankruptcy court, urging it to dismiss the subsidiary's recent bankruptcy petition.
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March 21, 2025
Judge Accused Of Bias Expresses Regret Over MDL Remarks
The chief judge of the Eleventh Circuit has dismissed a judicial ethics complaint alleging that a Florida federal judge had shown impermissible bias in favor of women leading the multidistrict litigation over the hormonal contraceptive drug Depo-Provera, after the judge said she "regrets any misunderstanding" and took steps to address the issue.
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March 20, 2025
'Careless People' Author Can Testify In Meta Addiction MDL
Meta Platforms Inc. on Thursday failed to block the deposition of the former executive behind the tell-all memoir "Careless People," with a California magistrate judge giving plaintiffs the green light to depose her in multidistrict litigation over social media platforms' allegedly addictive designs.
Expert Analysis
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What's Next For State Regulation Of Hemp Cannabinoids
Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.