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Product Liability
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October 23, 2024
Religion Law Can't Save Sacred Worship Site, High Court Told
A law designed to protect religious freedom can't help an Apache nonprofit's bid to save a sacred worship site in Arizona from destruction, the federal government said, arguing that the tribe is asking the U.S. Supreme Court to nullify a congressional statute crafted to allow federal third-party land transfers.
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October 23, 2024
Pool Seller Gets Claims Trimmed In Child Drowning Suit
A Missouri federal judge has thrown out the bulk of a couple's claims against pool seller Bestway (USA) Inc. over the drowning death of their daughter, dismissing negligence and warranty claims while allowing strict liability claims to go forward.
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October 23, 2024
SoClean Says Philips Can't Stand In For Damaged CPAP Users
SoClean Inc. asked a Pennsylvania federal court to toss Philips RS North America's proposed class-action claims from a multidistrict litigation, arguing that after settling with customers who had to replace their CPAP and BiPAP breathing machines, Philips was really only coming after SoClean on its own behalf.
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October 23, 2024
'Alkaline Water' Co. Hit With $5B In Punitive Damages
A Nevada jury awarded $5 billion in punitive damages Wednesday in a 15-plaintiff trial over liver damage linked to Real Water's "alkaline water," the largest verdict yet in ongoing litigation against the bankrupt company.
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October 23, 2024
Roundup Suit Pared As Preemption Claim Sways Mass. Judge
A Massachusetts judge has dismissed portions of a suit claiming a woman's use of the weedkiller Roundup caused her cancer, ruling a federal labeling law preempts her theory that Monsanto failed to warn consumers about the chemical's dangers.
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October 23, 2024
Feds Urge High Court To Deny Cig Cos.' Bid To Ax New Rule
The U.S. Food and Drug Administration is asking the U.S. Supreme Court not to grant certiorari to a group of tobacco companies aiming to vacate a rule requiring larger warnings on cigarette boxes, saying the Fifth Circuit rightly found the proposed warnings don't violate the First Amendment's protection against compelled speech.
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October 23, 2024
MVP: Williams & Connolly's Joseph G. Petrosinelli
Joseph G. Petrosinelli led Williams & Connolly LLP teams in successfully defending major U.S. corporate clients, including Pfizer, Gerber and Google, from large class claims often spilling across multiple state and federal courts, earning him a spot as one of the 2024 Law360 Product Liability MVPs.
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October 22, 2024
'Alkaline Water' Co. Owes $230M In Latest Liver Trial
A Nevada state jury awarded $230 million Tuesday in the latest trial over liver damage from Real Water's "alkaline water" and sent the 15 plaintiffs, including a UFC fighter, to a punitive damages phase.
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October 22, 2024
Copper Mining Co. Asks High Court To Toss Sacred Site Suit
A copper mining company that wants to build operations in a tribally sacred part of the Tonto National Forest has asked the U.S. Supreme Court to toss a challenge to a Ninth Circuit ruling that allows for the transfer of nearly 2,500 acres of land.
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October 22, 2024
CDC Links E. Coli Outbreak To McDonald's Quarter Pounders
The U.S. Centers for Disease Control and Prevention issued an alert Tuesday saying E. coli has been detected in McDonald's Corp.'s Quarter Pounder hamburgers, infecting nearly 50 people and killing one so far.
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October 22, 2024
Walmart Pays $7.5M To End Hazardous Waste Disposal Suit
Walmart Inc. has agreed to pay $7.5 million to settle a lawsuit brought by the state of California and district attorneys of several counties who alleged the retail giant improperly disposed of hazardous and medical wastes from its locations to municipal landfills, Attorney General Rob Bonta announced on Tuesday.
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October 22, 2024
Death Claims In Lyondell Leak MDL Go To Mediation
Family who lost loved ones in the 2021 gas leak at a LyondellBasell facility in La Porte, Texas, must pursue their wrongful death claims in mediation, a Houston state court judge has ruled, just a month after the first bellwether trial in the multidistrict litigation reached a settlement.
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October 22, 2024
Monsanto Fights $78M Verdict In Philadelphia Roundup Trial
Bayer AG unit Monsanto has asked a Philadelphia judge to strike down a "grossly excessive" $78 million verdict handed up in the latest Philadelphia Roundup trial, claiming that the jury's view of the company was skewed because the plaintiff's counsel said Monsanto "poisoned" butterflies and bees and "poisoned the planet."
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October 22, 2024
Ohio Pension Funds Say Boeing Puts Profits Over Safety
Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.
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October 22, 2024
Buyers Drop Colgate-Palmolive Sunscreen False Ad Suit
Two women have agreed to drop a proposed class action that claimed Colgate-Palmolive Co. falsely claimed its sunscreen products' only active ingredient is a mineral-based component despite the products containing significant levels of chemical sunscreen ingredients.
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October 22, 2024
Appliance Co., Customers Agree To End Stove Pollutant Row
Luxury kitchen appliance maker Sub-Zero Group Inc. and the customers behind a proposed class action have agreed to drop the litigation, bringing to an end claims the company sold them gas stoves that emit "health-harming" pollutants.
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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.
Expert Analysis
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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5 Credibility Lessons Trial Attys Can Learn From Harris' Run
In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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Opinion
3rd. Circ. Got It Right On Cancer Warning Claims Preemption
The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.