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Law.com

Contested Engineer Cleared to Testify in Defective Pistol Suit, Federal Judge Rules

Sig Sauer asked the Massachusetts court to follow the guidance of a 2021 decision from Texas federal court, which held that the contested expert did not offer a "generalized acceptance of his theory," of uncommanded firings—meaning firing without pulling the trigger—because he didn't perform functional tests.
4 minute read

Law.com

Insurers Dodge Sherwin-Williams' Claim for $102M Lead Paint Abatement Payment, State High Court Rules

This week, the Ohio Supreme Court unanimously agreed that the abatement fund payment did not constitute "damages" under Sherwin-Williams' insurance contracts.
5 minute read

The Legal Intelligencer

Judge Approves $25M Medical Monitoring Settlement Over Philips CPAP Devices

Final approval of Philips' $25 million settlement was granted last week by U.S. District Senior Judge Joy Flowers Conti of the Western District of Pennsylvania.
3 minute read

Law.com

Consumer Cleared to Proceed With Claims Against CVS 'Non-Drowsy' Medication, Judge Says

"The court finds that plaintiff is not seeking to impose a requirement that is different from the federal requirements, but rather, her claim is parallel to federal law because she is seeking to hold CVS accountable for labeling that she alleges is false, deceptive, and misleading," U.S. District Judge Henry Edward Autrey for the Eastern District of Missouri wrote in a suit over CVS "non-drowsy" cold and flu medicine.
4 minute read

New York Law Journal

Walmart Accused of Misrepresenting 'Cheese' Ingredients in Great Value's Macaroni & Cheese

Walmart is accused of falsely labeling their Great Value macaroni and cheese as containing "real cheddar cheese."
3 minute read

Law.com

Judge Dismisses Microplastics Suit Against Evian's 'Natural Spring Water'

In "Daly v. Danone Waters of America," the court determined that the plaintiffs' claims were preempted by federal regulation.
5 minute read

New Jersey Law Journal

NJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable

"For consumers, the decision underscores the need to carefully review any terms of use or terms of service attached to a website or app," write Day Pitney's Michael L. Fialkoff and Andrew R. Ingalls
5 minute read

The Recorder

Hershey's 'Bubble Yum' Hit With Consumer Class Action for Allegedly Containing 'Forever Chemicals'

The complaint, filed in Los Angeles Superior Court Oct. 24, accused Hershey of omitting and failing to disclose that its Bubble Yum Original Flavor Bubble Gum Product has organic fluorine and misleading markets as "high quality," "sustainable" and "transparent about [their] ingredients."
3 minute read

Law.com

Mass. Judge Declares Mistrial in Talc Trial: 'Court Can't Accommodate This Case'

Suffolk County Superior Court Judge Jackie Cowin, according to a Courtroom View Network broadcast of the trial, acknowledged to the lawyers: "This is a bad outcome, and I recognize all the reasons it's a bad outcome, but it is what it is."
3 minute read

New York Law Journal

Claims for Deceptive Trade Practices and False Advertising

"Consumers bringing a cause of action under Section 349 or 350 thus must satisfy three elements," write Thomas J. Hall and Judith A. Archer.
10 minute read

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