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Product Liability
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January 30, 2026
9th Circ. Says DOJ Can Withhold VW Grand Jury Records
The Ninth Circuit on Friday held that the U.S. Department of Justice couldn't be forced to hand over about 6 million Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal, as the government obtained them through a grand jury subpoena.
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January 30, 2026
8th Circ. Affirms Toss Of ND Tribal Landowners' Pipeline Suit
The Eighth Circuit Friday refused to revive a group of landowning Three Affiliated Tribes members' lawsuit accusing oil pipeline operator Andeavor of trespassing across their North Dakota reservation lands, with a panel majority concluding that the members had no federal common law trespass claim.
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January 30, 2026
CBD Cos. Say They're Wrong Defendants In Kratom Suit
Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.
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January 30, 2026
Dozens Of Cases Linking Zantac To Cancer Thrown Out
A Delaware state trial judge tossed over 200 cases by individuals alleging Boehringer Ingelheim's discontinued heartburn medication Zantac caused cancer, ruling the claims were time-barred.
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January 30, 2026
Allergan Sued Over 'Preservative Free' Eyedrop Labeling
AbbVie unit Allergan USA was hit with a proposed false advertising class action Wednesday in Illinois state court by two customers alleging that the company labeled its eyedrops as "preservative free" despite the fact that they contain boric acid.
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January 30, 2026
Amazon Says Shoppers' Labeling Suit Is Corrupted By AI Errors
In customers' latest filing in their proposed class action accusing Amazon of failing to make required disclosures on dietary supplement product pages, the e-commerce giant alleges that the plaintiffs have submitted a document riddled with errors derived from the use of generative text.
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January 30, 2026
Judge Signs Off On Idaho Mine Pollution Settlement
An Idaho federal judge has approved a proposed consent decree calling for two Nu-West companies and the U.S. government to share costs to implement remediation work for a North Maybe Mine site in Caribou County.
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January 29, 2026
Boies Schiller Hits Meta With Arbitration Bids Over Addiction
Boies Schiller Flexner LLP on Thursday filed nine arbitration demands against Meta Platforms Inc. on behalf of young Instagram users, claiming that the social media company's products are harmful and intentionally designed to hook young people.
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January 29, 2026
J&J, Talc Unit Get Patients' Bankruptcy Fraud Claims Tossed
A New Jersey federal judge Thursday tossed a proposed class action brought by cancer patients who allege that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud, saying the plaintiffs have not asserted an injury that confers standing to sue.
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January 29, 2026
Costco Sued Over 'No Preservatives' Roast Chicken Ads
A pair of Golden State consumers have hit Washington-based Costco Wholesale Corp. with a proposed class action in California federal court, accusing the company of falsely advertising its popular $4.99 rotisserie chicken as preservative free despite containing two chemicals — sodium phosphate and carrageenan — which allegedly function like preservatives.
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January 29, 2026
DCA Midair Collision: One Year Later
Investigators' determination that the Federal Aviation Administration ignored repeated warnings about near-misses and risky helicopter traffic around the nation's capital is expected to spur regulatory reforms and potentially heighten the government's legal exposure in civil litigation stemming from the deadly midair collision in Washington, D.C., a year ago.
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January 29, 2026
Teva Tries To Spike Paragard Trial Claims, Punitive Damages
About a week into its first trial over the alleged dangers of the Paragard contraceptive, Teva Pharmaceuticals asked a Georgia federal judge Wednesday to cut the case short and hand it an early win, or at least let it out of a bid for punitive damages.
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January 29, 2026
Inspire Medical Leaders Face Suit Over Apnea Device Rollout
Brass of Inspire Medical Systems Inc. face shareholder derivative claims they breached their fiduciary duties by concealing issues affecting the launch of the company's latest sleep apnea device, damaging investors after its trading prices fell 32% when the issues were disclosed.
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January 29, 2026
NHTSA Opens Waymo Probe After Autonomous Car Hits Child
The National Highway Traffic Safety Administration has opened another investigation into Waymo LLC autonomous vehicles and how they operate in school zones after one hit a child near an elementary school in Santa Monica, California, marking the second safety probe into Waymo's maneuverings around children since October.
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January 29, 2026
Smartfood Popcorn Hit With False Ad Suit
PepsiCo Inc. on Wednesday was hit with a proposed class action in New York federal court brought by a Brooklyn woman who claims that its Smartfoods popcorn snacks contain an artificial ingredient that's both a flavor and preservative despite label claims.
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January 29, 2026
PubMatic Fails To Score Complete Dismissal Of Privacy Suit
A California federal judge has largely refused to dismiss a proposed class action that accuses digital advertising firm PubMatic Inc. of secretly tracking internet users across the web and selling their data, with the judge allowing most privacy and wiretapping claims to move forward.
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January 29, 2026
From TikTok To The Courtroom, The Rise Of Lawfluencers
A growing group of legal influencers with huge followings say social media use is helping them expand their practices along with their brands and offering marketing lessons that even BigLaw can learn from.
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January 29, 2026
Legal Group Tells Justices Pot User Gun Ban Unconstitutional
Libertarian group Liberty Justice Center is urging the U.S. Supreme Court to uphold a Fifth Circuit ruling that found disarming a cannabis user based solely on that use is unconstitutional, saying it's not consistent with historical analogues barring "dangerous" people from owning guns.
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January 28, 2026
Arbitrator Choice Prompts New Feud In Asbestos Claims Fight
A California federal judge on Wednesday ordered a group of reinsurers to confer with Truck Insurance Exchange as the company looks to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims.
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January 28, 2026
7th Circ. Doubtful Climate Fight Belongs In Federal Court
Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.
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January 28, 2026
Enbridge Looks To Keep Pipeline Open Amid 7th Circ. Appeal
Enbridge Energy Inc. is looking to pause a shutdown order of a segment of its Line 5 pipeline that runs through Wisconsin tribal lands pending its Seventh Circuit appeal, arguing to a Wisconsin district court that a cutoff would cause disproportionate economic harm and energy shortages.
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January 28, 2026
Attys Get $2.5M In $7.5M Preterm-Birth Drug Settlement
A New Jersey federal judge has given final approval to a $7.5 million settlement to end claims that AMAG Pharmaceuticals Inc. knew its preterm-birth prevention drug Makena was ineffective when it first marketed it, along with $2.5 million to class counsel in attorney fees.
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January 28, 2026
Insurer Claims No Duty In Crash Suit Against Vape Shop
A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.
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January 28, 2026
Fairlife Founders Freed From Calif. Cow Treatment Suit
The founders of Fairlife brand milk can't be held liable in a California proposed class action accusing the company of making false claims about humane cow treatment, a federal judge ruled, saying the suit failed to point to any examples of intentional acts they made directed to the state.
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January 28, 2026
Colo. Drivers Claim $5M Damage From Gas-Diesel Mix-Up
Colorado residents filed a proposed class action Tuesday in federal court against two fuel station operators, alleging the companies distributed gasoline contaminated with diesel fuel to major gas stations in early January that caused more than $5 million in damage to their vehicles.
Expert Analysis
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Suncor Is Justices' Chance To Rule On Climate Nuisance Suits
If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise
As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.
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How MAHA Is Taking Shape At The State Level
The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.