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Product Liability
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Ford Buyers Win Cert. Of Some Classes In 'Death Wobble' Suit
A California federal judge certified some subclasses in a product liability class action against Ford over an alleged steering defect known as the "death wobble," but denied certification of a nationwide class and trimmed or partially trimmed 13 of the 30 claims.
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November 08, 2024
5th Time Not The Charm For 'Stale' Dow Implant Check Fight
The Sixth Circuit has again rejected an appeal from South Korean claimants who sought replacement checks from a Dow Corning breast implant settlement fund, finding in claimants' fifth trip to the appeals court that they missed their window to cash their duly disbursed settlement checks.
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November 08, 2024
J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say
A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.
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November 08, 2024
Monsanto Judge Pushes Sanction 'Distraction' To After Trial
A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.
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November 08, 2024
Ga. Judge Sets 2nd Trial Plan For Solar Farm Damages Fight
A Georgia federal judge said he's moving ahead with plans for a second jury to decide how much in damages the owner and developers of Lumpkin Solar Farm owe a neighboring property owner for harms stemming from runoff and some 1,000 cubic yards of sediment that have washed off the site.
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November 08, 2024
Judge Lets Plaintiffs Drop Kroger Pain Patch Suit
An Illinois federal judge on Friday allowed two customers who sued supermarket chain Kroger over the effectiveness of lidocaine patches to ditch their class claims after he denied certification last month, and ultimately dismiss the individual claims with prejudice.
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November 08, 2024
ND Wants To Back Feds In Dakota Access Pipeline Row
North Dakota wants to back the federal government in a challenge by the Standing Rock Sioux Tribe seeking to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing a shutdown would undermine the state's interests in oil and gas regulation activity.
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November 08, 2024
Special Master Recommends $7.8M For Flint Plaintiffs' Attys
A Special Master has recommended that attorneys representing plaintiffs in the Flint Water Crisis litigation receive $7.8 million in fees for their role in securing a $25 million settlement with Veolia North America finalized last month.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 07, 2024
Wuhan Chemical Co. Charged In Latest China Fentanyl Bust
California federal prosecutors announced Thursday that a Wuhan, China-based chemical company has been charged with exporting illegal fentanyl precursors and adulterants to the United States and other countries, the latest in a series of recent criminal actions cracking down on Chinese drug manufacturers' role in the opioid epidemic.
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November 07, 2024
Teva Fails To Convince Judge Inhaler Patents Require Drug
Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.
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November 07, 2024
Plastics Industry Can't Stop Calif. AG's Pollution Subpoena
A D.C. federal judge on Wednesday denied a plastics industry group's second bid to stop California's attorney general from enforcing a subpoena in a global plastic pollution probe, saying the group again failed to establish that the court had personal jurisdiction over the Golden State's top attorney.
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November 07, 2024
3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'
Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.
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November 07, 2024
FDA Wants Ineffective Decongestant Removed From Market
The U.S. Food and Drug Administration on Thursday suggested removing the widely used decongestant phenylephrine as an active ingredient in over-the-counter cold and allergy medicines after an agency review determined that the drug is ineffective when taken orally.
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November 07, 2024
Sig Sauer Customers Want Class OK In Safety Suit
A law enforcement officer has asked a federal judge to certify a class of Missouri consumers who allege that Sig Sauer's P320 is defectively designed and is ready to fire as soon as a round is chambered, saying Missourians who bought the gun have been duped by Sig Sauer.
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November 07, 2024
Researcher Sues DEA Over Pot Rescheduling Process
A psychedelic researcher has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to hold administrative hearings on a proposal to reclassify marijuana, alleging various breaches of administrative law.
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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.
Expert Analysis
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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.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.