The Jon & Marc Podcast

Mass Tort Strategy: Rebounding From SCOTUS & The Multi-Prong Attack on Uber

Key Takeaways * SCOTUS Roundup Ruling: The Supreme Court issued a 7-2 ruling finding that federal pesticide law preempts state-law failure-to-warn claims. However, alternative causes of action like negligence and design defect remain active. * Missouri Class Action Delay: The final approval hearing for the Missouri Roundup class action, originally scheduled for July 9th, has been pushed back. This delay allows objectors to brief issues and enables the parties to address the federal court remand. * Internal Corporate Pressure at Uber: A pension fund has launched a lawsuit targeting Uber’s board of directors and CEO for cutting compliance corners. This internal pressure arrives right before thousands of sexual assault cases head toward a September bellwether trial. * Bair Hugger Legacy Victory: In the decade-long Bair Hugger litigation, a Texas state court granted the plaintiffs a new trial in the Kelso case. The court determined that the previous jury instructions were confusing and incorrectly stated the law. * Public-Private Framework in Social Media MDL: The Social Media Addiction MDL judge denied Meta's motion to dismiss and found regulatory notice non-compliance on summary judgment. To handle these cases, 29 State Attorneys General are partner-shipping with elite private plaintiffs' firms like the Lanier Law Firm, utilizing a multi-pronged framework pioneered in opioid and AFFF litigations.

Lady Legal Law: How One Woman Built a Scaling Firm While Mentoring the Next Generation

Key Takeaways * Building a woman-owned, woman-led plaintiff firm requires rethinking traditional law firm hierarchies and creating mentorship pipelines for both male and female talent. * A founder's personal brand can become a limiting factor. Rebranding to Lady Legal Law allowed the firm to expand geographically while maintaining its female-led identity and values. * Women in legal leadership are reshaping how firms approach talent development, investing in long-term team building rather than reactive hiring cycles. * Structured internship programs create opportunities to mentor emerging talent, regardless of gender, from day one and embed firm culture and values early. * Sourcing backend operations overseas while protecting domestic intake operations allows women leaders to focus on high-value litigation and client relationships. * Matching market compensation and treating operational staff with the same respect as trial attorneys creates loyalty and reduces costly turnover cycles. * Protecting referral networks through consistent communication and follow-up is especially critical for woman-owned firms building credibility in traditional legal markets.

Settlement Pressure and Trial Momentum in Social Media Cases

Marc Rioux and Joe Fantini dive into a busy week in mass torts, covering major developments across Depo-Provera, Social Media Addiction, Roundup, and Uber litigation. Key Takeaways: * Depo-Provera Settlement in Works: Under two years to settlement, potentially 5,000+ cases with hundreds of millions in damages. Judge Rogers vacated trials and Daubert hearings, signaling deal imminent. * Social Media Addiction Going to Trial: Following the $6 million verdict against Meta and a YouTube settlement, the second bellwether trial is expected to settle before jury trial in late July 2026. * Roundup Remand and Supreme Court Ruling Imminent: The case is moving back to Missouri state court with a final approval hearing scheduled for July 2026. A Supreme Court decision on EPA preemption could come by early July, with major ramifications for all pharma MDLs. * Uber's Delay Tactics Rejected by Court: For the third time in the same case, Uber tried to push back trial. The judge denied the request, keeping the September 2026 trial date intact. * Trial Pressure Driving Settlements: Across multiple cases (Depo-Provera, Social Media, Roundup), imminent trials and bellwether pressures are accelerating settlement negotiations.

Why AI Companies Prioritize Growth Over Safety: AI Psychosis, Suicide Cases, and Corporate Negligence

Rachel Lanier and Sarah Lanier, The Lanier Law Firm, join Jon Robinson and Marc Rioux to break down how AI is being weaponized against vulnerable people, and how lawyers are fighting back. Key Takeaways: * ChatGPT and similar AI platforms have provided dangerous advice to vulnerable users, including suicidal youth, prioritizing engagement over safety, a critical issue Rachel and Sarah are litigating. * AI psychosis is an emerging phenomenon where users develop detachment from reality through prolonged AI interactions, creating a new category of mental health cases for trial lawyers. * Only 2% of professionals truly understand how to effectively leverage AI; the remaining 98% use it superficially without understanding its mechanics, creating a significant competitive advantage for those who master it. * The 10-80-10 framework: human oversight on the front end, AI handling 80% of the work, human verification on the back end, is the responsible approach to using AI in litigation. * AI hallucinations are most dangerous in legal research and medical record reading; courts have already rejected multiple cases built on fabricated case law created by AI. * Voice AI agents are becoming indistinguishable from humans, creating ethical nightmares when users believe they're speaking to real people (doctors, lawyers, therapists) receiving critical advice. * Different AI platforms pull from different data sources and training methods; understanding the mechanics of Claude, ChatGPT, Gemini, and Perplexity is essential to choosing the right tool for the right task. * Trial lawyers now face a new defense strategy: blaming AI hallucinations, even when AI systems provided explicit, demonstrable evidence against corporate defendants. * Meta pulled lawsuit advertisements after losing the California social media trial, signaling that tech companies view legal accountability as a threat to be eliminated, not addressed. * The arms race between AI companies (OpenAI, Google, Anthropic) to release new models faster is directly causing safety compromises and unreleased QA testing that endangers users.

The $60M NEC Setback, Talc Dismissal Tactics, and AFFF Docket Cleanup

Key Takeaways * NEC $60M Verdict Overturned: The Illinois appellate court reversed a massive 2024 plaintiffs' verdict due to improper jury instructions regarding failure to warn claims and the improper handling of prejudicial executive compensation evidence, forcing a retrial. * J&J Seeks Total Talc Dismissal: Capitalizing on a recent California defense verdict and the subsequent withdrawal of two key plaintiffs' experts, Johnson & Johnson is aggressively pushing to dismiss the entire MDL with prejudice, a move the plaintiffs' bar plans to fiercely oppose using alternative experts. * AFFF Docket Cleanup Underway: Defendants in the AFFF individual personal injury litigation are moving to dismiss roughly 10,000 cases over missing fact sheets and unverified diagnoses. This mass inventory purging is viewed as a highly positive signal that defendants are calculating viable case counts ahead of potential settlement negotiations. * Lone Pine Constraints: Due to a Lone Pine order currently in place for the AFFF personal injury docket, the litigation is becoming increasingly technical and challenging, meaning explosive new case-filing volume is highly unlikely. * Global Pressures on Social Media Tech: The UK has announced a sweeping ban on social media for children under 16 effective in 2027. Combined with similar bans in Australia and Spain, plus upcoming mainstream whistle-blower media, global regulatory and legal pressures are forcing major tech platforms onto the defensive.