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Product Liability
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November 07, 2024
9th Circ. Finds No Jurisdiction In LG Chem Battery Suit
The Ninth Circuit upheld the dismissal of a suit against LG Chem Ltd. over a lithium-ion battery used in an e-cigarette that allegedly burned a California man, finding that the lower court was correct in holding that it had no jurisdiction over the case.
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November 07, 2024
Eye Drop Maker To Pay $3.6M To Settle Class Claims
A maker of homeopathic eye drops has agreed to pay nearly $3.6 million to settle claims its products are being sold as drugs without U.S. Food and Drug Administration approval and don't meet manufacturing safety standards, according to a preliminary settlement agreement filed Wednesday.
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November 07, 2024
Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute
The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.
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November 07, 2024
Louisiana Says EPA Usurped State Power In Pollution Row
The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency.
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November 07, 2024
Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict
A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.
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November 06, 2024
Intel Accused Of Touting 'Defective' Raptor Lake Processors
Intel has continued to promote the purported speed and performance of its "defective" 13th and 14th generation desktop processors, which go by the code name Raptor Lake, according to a proposed class action filed Tuesday in California federal court.
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November 06, 2024
Danone Beats Suit Alleging Microplastics In Evian, For Now
An Illinois federal judge on Tuesday granted Danone Waters of America's request to dismiss a putative class action accusing the Evian-maker of violating Illinois and California state consumer fraud statutes by labeling its spring water as "natural" even though the product contains microplastics, finding the claims are preempted by federal law.
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November 06, 2024
Albertsons Hit With Discovery Sanctions In Wash. Opioid Suit
A Washington state judge has partially granted the state's sanctions request in its suit accusing Albertsons of exacerbating the opioid crisis, agreeing that the grocery store chain took an "unreasonable" stance in refusing to respond to outstanding discovery requests because a deadline had passed while the case was paused.
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November 06, 2024
Customers Look To Preserve Lead Class Action Against AT&T
AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.
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November 06, 2024
After Electoral Defeats, Cannabis Advocates Eye Next Steps
Cannabis industry advocates and reform activists struck a note of cautious optimism Wednesday following an expected Republican electoral sweep of the federal government, while opponents of legalization touted the defeat of multiple statewide ballot measures as proof of their position that marijuana reform efforts were losing support.
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November 06, 2024
Hyundai, Kia Rip Cities' Bellwether Trial Bid In Car-Theft MDL
Hyundai and Kia have asked a California federal judge to reject several cities' request for bellwether trials in consolidated litigation alleging that the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave after a viral TikTok trend popularized tips for breaking into their cars.
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November 06, 2024
Calif. Truckers Seek Scrub Of State's New Emissions Rule
The California Trucking Association is asking a federal court in the state to give it a win in its challenge to the California Air Resources Board rule requiring that they switch to zero-emissions vehicles, saying the rule is preempted because it will impact trucking rates and routes.
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November 06, 2024
Kratom Co. Failed To Warn Of 'Addictive Potential,' Suit Says
The company behind Kryptic Kratom and K-Chill branded supplements was hit with a proposed class action accusing the company concealing the "addictive potential" of kratom, which the suit likens to opioids, morphine and heroin.
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November 06, 2024
Mass. Tobacco Law's Penalty Provision Hits State's Top Court
Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.
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November 06, 2024
Business Groups Urge Calif. Justices To Nix HIV Drug Ruling
Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.
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November 06, 2024
NJ Co. Not Giving Refunds For Lead-Tainted Toys, Suit Claims
Three consumers have alleged in Garden State federal court that New Jersey-based toy-maker Red Toolbox is refusing to issue refunds for a gardening toy set that was recalled because it contained levels of lead that exceed the federal lead paint threshold, according to a proposed class action.
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November 06, 2024
What A Second Trump Term Could Mean For FDA And CPSC
The historic reelection of former President Donald Trump could lead to shake-ups at the U.S. Food and Drug Administration and the U.S. Consumer Product Safety Commission, while questions remain about what policies he will enact.
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November 06, 2024
Tesla Defeats Sanctions Bid Over Atty's Mediation Appearance
A widow suing Tesla Inc. for the wrongful death of her late husband can't pursue sanctions against the automaker for allegedly wasting her time in mediation, a California federal judge ruled Wednesday.
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November 06, 2024
Contractors Say Osprey Crash Suit Lacks 'Who, What, When'
The families of five Marines killed in the June 2022 crash of a V-22 Osprey aircraft haven't specified the "who, what, when, where, and how" of an alleged fraud on the U.S. government by three defense contractors, and should lose their claims for misrepresentation and breach of contract, the defendants told a California federal court Tuesday.
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November 06, 2024
Ariz. Judge Blocks Lithium Exploration Drilling Project
An Arizona federal judge blocked a third phase of a Sandy Valley lithium exploration project Tuesday, ruling that the Bureau of Land Management likely fell short of its duties to weigh potential impacts to a hot spring known as Ha'Kamwe' that is sacred to the Hualapai Indian Tribe.
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November 06, 2024
Mining Developer Wants In On Nevada Lithium Project Row
The owner and developer behind the Rhyolite Ridge Lithium-Boron Mine asked a Nevada federal judge to let it intervene in a challenge brought by environmental and tribal groups seeking to upend the U.S. Department of the Interior's authorization of the mine project.
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November 06, 2024
Tobacco Cos. Side With FDA In Menthol Cigarette Ban Fight
Tobacco giants R.J. Reynolds and Philip Morris have come to the aid of the U.S. Food and Drug Administration in a pair of friend-of-the-court briefs, urging a federal court to toss a suit against the agency over its purported delays in implementing a ban on menthol cigarettes.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
Expert Analysis
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.