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Product Liability
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October 22, 2024
Pa. Casino Must Face Suit Over Hand Sanitizer Slip-And-Fall
A Pennsylvania appeals court on Tuesday revived a woman's slip-and-fall suit against the owners of a Mount Airy casino, saying the evidence in the case can lead a jury to find that the company was negligent in installing hand sanitizer stations meant to address the COVID-19 pandemic over a marble floor.
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October 22, 2024
Feds Partner With Osage, Navajo To Tackle Orphaned Wells
The U.S. Department of Energy said it's inked agreements with the Osage Nation and the Navajo Nation that are aimed at identifying undocumented orphaned wells on tribal lands and addressing their harmful impacts.
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October 22, 2024
NJ Justices Create Mass Tort Track For Bard Catheter Suits
The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
MVP: Keller Rohrback's Gretchen Freeman Cappio
Keller Rohrback LLP partner Gretchen Freeman Cappio helped consumers reach a $150 million deal over claims that Chevrolet Bolt cars made by General Motors LLC and LG units had battery defects that led to overheating and fires, earning her a spot as one of the Law360 2024 Product Liability MVPs.
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October 21, 2024
Eli Lilly Slams 'Dangerous' Knock-Off Weight Loss Drugs
Eli Lilly & Co. on Monday launched a trio of lawsuits in Indiana, Texas and Washington federal courts accusing three telehealth companies of peddling illicit knockoffs of its weight-loss medications that have not been approved by the U.S. Food and Drug Administration and that pose a danger to patients.
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October 21, 2024
John Deere's Tractor Brake Recall Is Also Defective, Suit Says
John Deere sold utility tractors with a brake defect that can cause them to crash, and the company's recent recall doesn't guarantee a permanent fix but rather appears to simply "replace defective systems with even more defective systems," according to a proposed class action in South Carolina federal court.
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October 21, 2024
Nissan Fights Uphill To Undo Cert. In Sunroof Defect Fight
Ninth Circuit judges on Monday doubted Nissan's bid to undo an order certification of a class of drivers who allege the Japanese carmaker sold vehicles with panoramic sunroofs that are prone to shattering, telling Nissan's counsel the appeal appears to challenge the claims' merits, and not whether they could be resolved classwide.
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October 21, 2024
FDA Tells Court Menthol Cigarette Ban Is Still Under Review
The U.S. Food and Drug Administration has said it's still evaluating whether to finalize a proposed ban on menthol cigarettes, urging a California federal court to throw out a lawsuit that's attempting a "judicial end-run" around the ongoing review.
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October 21, 2024
Truck Asbestos Claims Suit Must Be Arbitrated, Court Hears
A group of reinsurers is pressing a California federal court to order Truck Insurance Exchange to arbitrate its claim seeking coverage for millions of dollars' worth of asbestos bodily injury claims filed against Kaiser Cement & Gypsum, which was driven into bankruptcy in 2016.
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October 21, 2024
Court Kicks Cannabis Consumer Case Back To Conn. State
Smoke and vape wholesalers accused of illegally selling intoxicating hemp products have lost a bid to keep an unfair trade lawsuit brought against them by the Connecticut attorney general out of state court after a district court judge ruled it doesn't matter if the THC in the vapes was derived from federally legal hemp.
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October 21, 2024
Kroger Beats Class Cert. Bid In Pain Patch False Ad Suit
An Illinois federal judge on Monday denied class certification to consumers who sued Kroger over lidocaine patches they asserted could not stay on long enough to provide up to eight hours of relief as advertised, saying neither of two proposed class representatives purchased the allegedly misleading patches.
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October 21, 2024
GOP Pols Want Probe Into FDA Laboratory Safety
Three Republican lawmakers on Friday sought information from the U.S. Food and Drug Administration about its oversight of its laboratory safety practices, following a long investigation over an incident about vials of smallpox virus and other hazards found on a National Institutes of Health campus.
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October 21, 2024
Belgium Joins French Courts In Telegram CEO Criminal Probe
Belgian investigators have joined French law enforcement in the criminal investigation of Pavel Durov, the CEO of encrypted messaging-platform Telegram, who is charged in France with aiding illegal child pornography, fraud and other crimes, the Paris prosecutor's office announced.
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October 21, 2024
3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court
3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.
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October 21, 2024
Boeing Machinists To Vote On New Tentative Wage Deal
Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.
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October 21, 2024
MVP: Seeger Weiss' Chris Seeger
Founding partner Chris Seeger of Seeger Weiss LLP helped win favorable outcomes in three high-profile mass tort cases, including a $6 billion global settlement to end sprawling litigation over allegedly defective 3M combat earplugs, earning him a spot among the 2024 Law360 Product Liability MVPs.
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October 21, 2024
5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late
The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Carrier To Pay $615M Over Kidde-Fenwal Fire Foam Claims
Carrier Global Corp. revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay at least $615 million as part of a settlement in connection to its ownership of bankrupt Kidde-Fenwal Inc., which faces multidistrict litigation arising from its manufacture of firefighting foam with deadly "forever chemicals."
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October 18, 2024
Meta Can't Ax Mass. AG Suit Over Hooking Kids On Instagram
A Massachusetts judge has refused to release Meta Platforms Inc. from the state attorney general's suit alleging the social media giant deployed design features aimed at addicting kids to Instagram, finding Meta wasn't immune from claims based on its own business conduct.
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October 18, 2024
Spirit AeroSystems Furloughs 700 As Boeing Strike Endures
Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.
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October 18, 2024
Credit Suisse, PwC Fight Bondholders' Separate Merger Suits
Credit Suisse and PwC have urged a New York federal judge to toss a proposed class action alleging that they concealed the impact of quarterly losses and the bank's inability to retain client funds leading up to its takeover by UBS AG, saying the plaintiff launched the suit to circumvent its rejected bid to be lead plaintiff in a similar suit.
Expert Analysis
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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Del. 3M Ruling Risks Upending Corporate Insurance Programs
A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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FDA's Multifaceted Role On Display In MDMA Therapy Scrutiny
Ongoing deliberations at the U.S. Food and Drug Administration regarding MDMA-assisted therapy for post-traumatic stress disorder serves as a window into the intricate balance of scientific innovation and patient safety oversight, and offers crucial insights into regulatory nuances, say Kimberly Chew at Husch Blackwell and Kevin Lanzo at Pharmaka Clinical Consulting.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.