Product Liability

  • October 02, 2025

    HVAC Co. Liable For Damage At Philly School, Insurer Says

    An HVAC company is responsible for water damage at a Philadelphia charter school, the school's insurer told a Pennsylvania state court, saying the company's failure to maintain the heating and cooling system allowed air temperatures to reach levels that triggered the building's sprinkler system.

  • October 01, 2025

    Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries

    A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.

  • October 01, 2025

    Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move

    Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.

  • October 01, 2025

    PG&E Brass, Underwriters Get Investors' Wildfire Suit Tossed

    A California federal judge has thrown out a proposed investor class action against PG&E officers, directors and underwriters that blamed stockholder losses following deadly wildfires on previous statements by PG&E officials about the utility's safety practices, but said they could try a fifth time.

  • October 01, 2025

    Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit

    The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.

  • October 01, 2025

    Ship Manager Says Liability Shield Applies In Baltimore Wreck

    The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.

  • October 01, 2025

    EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable

    The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.

  • October 01, 2025

    Medtronic Knocks Out Investor Suit Over Insulin Pump Issues

    Medical device manufacturer Medtronic PLC has escaped proposed investor class action claims it concealed issues affecting a certain insulin pump it makes, hurting investors after its trading prices fell when the company disclosed it had received a related warning letter from the U.S. Food and Drug Administration.

  • October 01, 2025

    Truck Seller Can't Escape Injury Suit As 'Mere Conduit'

    A North Carolina federal judge won't let hydrovac truck seller Trans-West Inc. escape an injury suit from a worker who alleges he was injured by hot mud from a truck it sold to his employer, finding that the company was no "mere conduit" in the sale.

  • October 01, 2025

    Justices Asked To Review Gun Ban For Marijuana Users

    A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.

  • October 01, 2025

    Ohio Says Norfolk Southern Fully Liable In Derailment Suit

    Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.

  • October 01, 2025

    Airbus Beats Ex-JetBlue Worker's Suit Over Toxic Fumes

    A New York federal judge on Tuesday tossed a suit brought by a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes on an Airbus plane, finding that her suit was filed too late despite a COVID-19 extension on bringing claims.

  • October 01, 2025

    Cozen O'Connor Adds Healthcare Litigator To Philly Office

    An attorney with more than three decades of experience representing healthcare providers in litigation matters has recently moved his practice to Cozen O'Connor's Philadelphia shop.

  • September 30, 2025

    Apple, Google, Meta Get 'Casino Games' MDL Trimmed Again

    A California federal judge on Tuesday again trimmed multidistrict litigation against Apple, Google and Meta platforms over allegedly illicit "social casino games," though he refused to find that Section 230 of the Communications Decency Act means they don't have to face the suits.

  • September 30, 2025

    McKinsey Trims Endo Suit But Can't Nix Indemnification Claim

    A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.

  • September 30, 2025

    Amazon Settles $1.2M Lawsuit Over Immersion Heater

    Amazon and a Colorado church's insurer have reached a settlement in the insurer's suit alleging that an immersion heater the church purchased from the e-commerce giant's platform to heat a baptismal font caused a fire amounting to $1.2 million in damages.

  • September 30, 2025

    Shimano Still Has To Face Bike Injury Lawsuit In RI

    Japanese bicycle parts manufacturer Shimano Inc., which has no physical presence in Rhode Island, can't escape a product liability lawsuit filed by a cyclist who claims its defective brake lever impaled his leg during a fall, a federal judge ruled Monday, saying the court has jurisdiction over the company because it made "deliberate efforts to serve the Rhode Island market."

  • September 30, 2025

    Jury Says Uber Was Negligent, But Not Liable For Sex Assault

    A California state jury found Tuesday that Uber was negligent with respect to safety measures it took to protect a passenger who says she was sexually assaulted by her driver, but ruled it isn't liable for damages in the high-profile bellwether trial because its negligence wasn't a substantial factor in causing her harm.

  • September 30, 2025

    Senate Bill Would Allow Claims Against AI Cos.

    A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.

  • September 30, 2025

    PFAS Testing Concerns End Coca-Cola Class Action

    A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.

  • September 30, 2025

    3M Rolls Up Buyers' 'Forever Chemicals' Carpet Suit

    A Minnesota federal judge threw out a proposed class action Tuesday alleging 3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the substances, saying the consumers have not plausibly alleged an injury.

  • September 30, 2025

    Ga. Residents Win Partial Class Cert. On Past PFAS Damages

    A Georgia federal judge granted partial class certification to 4,500 Peach State residents whose water was allegedly polluted with forever chemicals, allowing them to seek damages for past water hikes that went to remediation, while shooting down an "entirely speculative" bid to cover expected future costs.

  • September 30, 2025

    Ford Says 'Reckoning' At Hand For Lemon Law Firms

    The Ford Motor Co. has urged a Los Angeles federal judge to keep alive a racketeering lawsuit alleging three law firms specializing in California's lemon law engaged in a "death-by-a-thousand-cuts" fraudulent billing scheme to bleed the automaker dry, arguing the firms' immunity claims don't hold up.

  • September 30, 2025

    Pharma Co. Asks Judge To Toss 'Vague' Investor Class Action

    Counsel for Marinus Pharmaceuticals Inc. told a Pennsylvania federal judge Tuesday that a shareholder class action alleging the company misled investors about the potential success of an epilepsy drug was based solely on "vague and uncorroborated" statements from confidential witnesses.

  • September 30, 2025

    Riddell Fails To Shift Venue In Football Helmet Lawsuit

    A Texas federal judge rejected a bid by the sports equipment company Riddell Inc. to transfer a product liability suit to the Tyler Division, ruling Riddell did not present a convincing argument on why the proposed venue was "clearly more convenient" than the original filing location in the Marshall Division.

Expert Analysis

  • Courts Redefining Software As Product Generates New Risks

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    A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.

  • What EPA Chemical Data Deadline Extension Means For Cos.

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    The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • And Now A Word From The Panel: Back In Action

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    A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Rule 23 Class Certification Matters In Settlements, Too

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    The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Ultra-Processed Food Claims Rely On Unproven Science

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    Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

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