Product Liability

  • February 17, 2026

    Kids Cup Brand Says Testing Co. Missed High Lead Levels

    A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.

  • February 17, 2026

    J&J Fights Beasley Allen's Bid To Pause Talc DQ Ruling

    A New Jersey state court lacks standing to block an appellate panel's removal of Beasley Allen from representing hundreds of women with ovarian cancer pursuing claims against Johnson & Johnson over talcum powder, the pharmaceutical company has argued in an opposition brief.

  • February 17, 2026

    Sick Juror Delays Meta Trial Ahead Of Zuckerberg Testimony

    The first bellwether trial over thousands of claims that social media companies harm young people's mental health was delayed Tuesday due to a juror being hospitalized with an illness, although the California state judge in the case said the trial will resume one way or another on Wednesday, when Meta Platforms CEO Mark Zuckerberg is scheduled to testify. 

  • February 17, 2026

    Wisconsin Tribe Fights Enbridge's Line 5 Shutdown Delay

    A Wisconsin tribe is fighting a request by Enbridge Energy Inc. to stay a June 16 deadline to shut down a portion of its Line 5 pipeline on reservation lands pending a Seventh Circuit decision, telling a federal district court that the Canadian company's motion is "jurisdictionally infirm."

  • February 17, 2026

    Philips Settles Suit Over Sleep Machine Starting Home Fire

    Medical equipment company Philips has reached a deal with a woman who alleged in North Carolina federal court that its sleep apnea breathing machine caught fire and caused burns to her mother's face and destroyed her home.

  • February 17, 2026

    Bayer AG Unveils $7.3B Deal For Roundup Users

    Bayer AG unit Monsanto has agreed to pay up to $7.25 billion over as many as 21 years to resolve current and future claims that exposure to the weed killer Roundup caused non‑Hodgkin lymphoma, under a proposed nationwide class settlement filed Tuesday in Missouri state court in St. Louis.

  • February 13, 2026

    Stanford Prof Tells Jury Studies Confirm Social Media Addiction

    A Stanford University professor of psychiatry and addiction returned to the witness stand Friday in a California bellwether trial over claims that social media companies harm young people's mental health, saying studies have concluded that addiction to platforms such as YouTube and Instagram is real and can hurt mental health.

  • February 13, 2026

    7th Circ. Forces Mercedes 3G Obsolescence Suit Into Arb.

    Mercedes-Benz drivers who sued the automaker after its subscription-based roadside assistance and other features became obsolete will have to take their claims to arbitration, the Seventh Circuit ruled on Friday, saying the customers agreed to deal with disputes outside court.

  • February 13, 2026

    Atty Fee Fight Brewing After Google's Chatbot Injury Settlement

    An Orlando, Florida, law firm has urged a federal court to grant it contingency fees from a pending settlement in a suit accusing Google LLC and a chatbot company of causing the suicide of a teen, saying the firm was left in the dark about the deal.

  • February 13, 2026

    Cheap Costco Chicken Made At Tainted Plant, Suit Says

    Costco on Thursday was hit with a proposed class action alleging that its highly popular rotisserie chickens — one of the wholesaler's staple loss leaders — are processed at a plant systematically tainted with salmonella.

  • February 13, 2026

    7th Circ. Wary To Infer American Airlines Uniforms Were Toxic

    A Seventh Circuit panel on Friday appeared skeptical of American Airlines workers' argument that it had provided sufficient evidence to infer toxic employee uniforms caused their skin rashes and other symptoms, with one judge suggesting such a broad reading of Illinois law and federal tort doctrine would allow plaintiffs to say "to heck with the experts."

  • February 13, 2026

    FDA Removes Boxed Warnings From HRT Products

    Six menopause hormone therapies will no longer have warnings on their label about heart disease, breast cancer and dementia, after the U.S. Food and Drug Administration said it removed them so that women can make decisions "free from exaggeration or fear."

  • February 13, 2026

    J&J Hit With $250K Verdict In 2nd Philly Talc Trial

    A Philadelphia jury hit Johnson & Johnson with a $250,000 verdict on Friday, finding the company liable in the case of a woman whose family claimed that using the company's once-famous talcum powder contributed to her fatal ovarian cancer.

  • February 13, 2026

    Creek Nation's Ala. Burial Site Claims Face Dismissal Bids

    An Alabama tribe, the Interior Department and Auburn University are asking a federal district court to dismiss an ongoing challenge by the Muscogee (Creek) Nation over a sacred burial site, arguing a lack of standing and sovereign immunity.

  • February 13, 2026

    CareDx Seeks High Court Review Of $45M False Ad Case

    Transplant diagnostics company CareDx has asked the U.S. Supreme Court to review a Third Circuit decision that erased a nearly $45 million jury award against rival Natera in a false advertising case, arguing the appeals court is the only one that forbids juries from inferring consumer deception when determining damages.

  • February 13, 2026

    Prenatal Testing Co. Missed Fatal Condition, Couple Say

    A Massachusetts couple say Natera Inc. misreported the results of tests for a genetic marker linked to a fatal kidney condition, leading to the conception of a child who died an hour after birth.

  • February 13, 2026

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a former U.S. defense contractor convicted of tax evasion face legal action, French football club Olympique Lyonnais sued following a $97 million ruling against its owner John Textor, consulting giant Kroll targeted by a South African airline, and H&M hit with a claim alleging it copied protected sunglasses designs. Here, Law360 looks at these and other new claims in the U.K.

  • February 12, 2026

    Uber $8.5M Bellwether Verdict Boosts Plaintiffs' MDL Leverage

    Uber was recently hit with an $8.5 million verdict in the first bellwether trial in multidistrict litigation over driver sex assaults, and one particular finding by the jury bodes well for the thousands of cases remaining in the MDL, experts tell Law360, and could prove pivotal for any future global settlement.

  • February 12, 2026

    Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

    The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.

  • February 12, 2026

    Split 4th Circ. Denies Stay Lift In CertainTeed Unit's Ch. 11

    A split panel of the Fourth Circuit on Wednesday upheld lower court rulings that left in place a stay of asbestos injury litigation facing the bankrupt affiliate of building material maker CertainTeed, with the majority ruling the debtor filed its case in good faith.

  • February 12, 2026

    DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule

    Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.

  • February 12, 2026

    Vape Co. Seeks Stay Of $1.6M Judgment In Battery Blast Suit

    A vape wholesaler is asking the North Carolina Supreme Court to stay a $1.6 million judgment it was ordered to pay to the estate of a man who suffered burns when a lithium ion battery exploded in his pocket, while the estate on Thursday filed an opposition to the stay.

  • February 12, 2026

    'Texit' Crypto Offering Halted By Texas Securities Regulator

    Texas' state securities regulator has filed an emergency cease-and-desist order against an enterprise selling mining interests for a cryptocurrency invoking the Texas secession movement, alleging the scheme constitutes a fraudulent and unregistered offering and sale of securities.

  • February 12, 2026

    Town Officials Off Hook For Railroad's Axed Superfund Deal

    A Massachusetts intermediate appellate panel affirmed that two Hopedale officials are immune from claims that they torpedoed a railroad's contract to ship uranium-contaminated soil through their town of 6,000, saying the officials "had every right" to ask questions.

  • February 11, 2026

    Avon Loses Appeal Over $51M Verdict In Mesothelioma Case

    A California appellate court on Wednesday refused to wipe out a $51 million jury verdict against Avon for the cancer a woman says she got from using its asbestos-tainted talc, rejecting the cosmetic company's qualms with expert testimony and the trial court's evidentiary rulings.

Expert Analysis

  • When Bankruptcy Collides With Product Recalls

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    The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • New State Regs On PFAS In Products Complicate Compliance

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    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • How Generative AI Cos. Can Navigate Product Liability Claims

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    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

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