The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed…
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The Ninth Circuit’s Latest Word on Expert Testimony: A Cautionary Tale for Expert Witnesses in Toxic Tort Litigation
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer. The…
In a significant development concerning Minnesota’s environmental regulations, an administrative court rejected the Minnesota Pollution Control Agency’s (MPCA) proposed rule on per- and polyfluoroalkyl substances (PFAS) reporting and associated fees.…
Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute
Introduction
On October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory …
Upcoming Webinar – Toxic Torts on the Rise: Managing PFAS, Silica, Benzene, and Talc Litigation
As regulatory scrutiny and litigation risks continue to expand, manufacturers are facing an unprecedented wave of toxic tort and product liability challenges. Substances such as PFAS, silica, benzene, and talc…
On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims…
Senate Bill 20 Signed into Law: New Compliance Era for California’s Stone Fabrication Industry is Underway
Background – Public Health and the Need for Employer Accountability
Senate Bill 20, also called the Silicosis Training, Outreach, and Prevention (STOP) Act, was signed into law by Governor Newsom…
Emerging Legal Challenges: Artificial Intelligence and Product Liability
The bar is rising for the developers of generative artificial intelligence (AI) platforms and other companies that utilize generative AI in public-facing applications. As AI becomes more integrated into everyday…
Trump Nominates the Next CPSC Commissioner Amid Agency Shakeup
On October 2, 2025, President Donald Trump nominated William “Billy” Hewes III, a Republican politician from Mississippi, to serve as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC).
Synthetic dyes, once regarded as harmless ingredients that simply made foods more visually appealing and marketable, are now the subject of a dynamic bipartisan movement for reform. Thousands of food…
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