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Law.com

Suit Over Citric Acid in Kraft Mac & Cheese Survives Challenge

"[The] plaintiffs have described several respects in which artificial citric acid differs from natural citric acid. Dismissal on this basis is thus inappropriate," U.S. District Judge Mary M. Rowland said, clearing the way for a products liability suit to proceed against Kraft Heinz for marketing its macaroni and cheese product as having no preservatives.
5 minute read

Texas Lawyer

150 Plaintiffs and Counting: Asbestos Litigators Sue De Beers Empire

A Dallas asbestos litigation law firm is suing De Beers PLC and 28 affiliated companies on behalf of 159 plaintiffs.
3 minute read

Litigation Daily

Litigators of the Week: After Two Big Wins for Plaintiffs, a Defense Verdict for Infant Formula Makers

Juries hit Mead Johnson and Abbott Laboratories with verdicts of $60 million and $495 million respectively earlier this year in cases linking an intestinal disease with formula given to premature babies in hospitals. Covington's Phyllis Jones and Kirkland's Jim Hurst led teams that secured a defense verdict for the companies in Missouri state court last week.
11 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

Daily Report Online

State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.
8 minute read

Connecticut Law Tribune

'We're Off to the Races': Plaintiffs Win First Round Against CooperSurgical

"The main takeaway from the California state decision is that both CooperSurigcal and the Cooper Companies are going to have to answer and engage with these lawsuits in a real way," Tracey Cowan of Clarkson Law Firm said. "Judge Young is not going to allow them to essentially delay our plaintiffs' right to their day in court any longer. That's a really good thing, not just for these clients, but for everybody that has been effected by this enormous tragedy."
4 minute read

Texas Lawyer

A Trigger Warning? The Untapped World of Trigger Theories in PFAS Coverage Litigation

"These theories ... are commonly characterized as the exposure, manifestation, injury-in-fact, and continuous trigger theories," writes Akerman's Xakema Henderson.
6 minute read

The Legal Intelligencer

Safety in the Skies: The Role of Our Courts

A very recent case decided by the U.S. Court of Appeals for the Ninth Circuit provides well-reasoned analysis of the role of the judiciary in deciding claims when tragedy occurs in the sky.
6 minute read

Law.com

Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula

In closing arguments on Wednesday, plaintiff's lawyer Timothy Cronin asked jurors for $6 billion in punitive damages.
5 minute read

Law.com

Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'

The Oct. 24 sanction banned Hurst, of Kirkland & Ellis, from presenting evidence or closing arguments for the remainder of the trial. "Mr. Hurst's professional conduct has been reasonably called into question," he wrote.
4 minute read

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