Product Liability

  • October 19, 2026

    Oil Titans Denied 2029 Trial Date In Wash. Tribes' Climate Suits

    A Washington state judge has set a February 2028 trial date in two Native American tribes' cases accusing Exxon, Chevron and other petroleum giants of a decades-long campaign to downplay the dangers of burning fossil fuels, spurning the companies' bid for an October 2029 trial date.

  • October 19, 2026

    95K Contact Lens Buyers Nab Cert. In Hubble Substitution Suit

    A California federal judge has certified a class of roughly 95,500 California contact lens purchasers who subscribed to Hubble Contacts, an online service accused of deceiving its customers by secretly substituting every customer order with its own Hubble-brand lenses.

  • October 19, 2026

    9th Circ. Open To Reviving P&G Shampoo 'Natural' Ad Fight

    A Ninth Circuit panel appeared open Monday to reviving a putative class action alleging The Procter & Gamble Co.'s Herbal Essences and Pantene shampoo labels dupe consumers by claiming 90% or 97% of ingredients are of "Natural Origin" or "Naturally-Derived," with two judges suggesting the case was prematurely tossed.

  • October 19, 2026

    9th Circ. Doubts Kids Agreed To Arb. Roblox Gambling Claims

    A Ninth Circuit panel doubted Monday a website owner's arguments he is entitled to a trial over whether a putative class of minors agreed to arbitrate their claims Roblox and others operated an illegal gambling business, with one judge asking if the appellant wants 9-year-olds to attest to whether they entered a contract.

  • October 19, 2026

    Jeep Drivers Say Windshield-Maker's Glass Cracks Too Easily

    A windshield manufacturer was hit with a proposed class action in New Jersey federal court alleging that the windshields it supplied to FCA US for Jeep Wranglers and Gladiators crack and chip for no reason, causing a safety hazard.

  • October 19, 2026

    CPSC Seeks Toss Of Baby Sleep Sack Maker's $90M Suit

    The federal government on Friday told a California federal court that a $90 million suit filed by baby sleep sack maker Dreamland Baby Co. over comments made by Richard Trumka Jr., former commissioner for the Consumer Product Safety Commission over weighted baby sleep products should be tossed since the statements were true and made without malice.

  • October 19, 2026

    Apple Wants Fake Crypto Wallet Apps Suit Tossed

    Apple has urged a California federal judge to toss a suit alleging it failed to warn consumers about fraudulent cryptocurrency wallet apps available on its App Store and the risk of cryptocurrency theft posed by those apps, saying the suit is deficient since it seeks to hold the tech giant liable for the conduct of third-party criminal scammers.

  • October 19, 2026

    Defective Roof Hatch Blamed For Technician's Head Injuries

    Roof hatch maker Bilco and commercial property owners in Pennsylvania face a lawsuit claiming a defective locking mechanism allowed a heavy lid to fall onto a worker, causing catastrophic brain injuries, according to a suit filed in the Philadelphia court of common pleas.

  • October 19, 2026

    Hain Celestial Faces Bid To Revive Baby Food Labeling Case

    California parents urged a Ninth Circuit panel on Monday to revive unfair competition claims against Hain Celestial, saying its baby and toddler food products violate an FDA rule by posting nutrient labels on food intended for children under the age of two, thereby causing consumers to overpay for the products.

  • October 19, 2026

    6th Circ. Says Mich. Prison Officials Must Face Mold Suit

    The Sixth Circuit has ruled that several Michigan prison officials are not entitled to immunity from a lawsuit alleging that they were aware of mold contamination in a women's prison that led to several incarcerated people having seizures and developing respiratory issues.

  • October 19, 2026

    Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

    Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    Florida Law Firm Seeks Toss Of Bank's $134M BP Oil Spill Suit

    A Florida law firm urged an Ohio federal court to toss a bank holding company's $134 million malpractice suit over litigation tied to the BP Deepwater Horizon oil spill, arguing the claims are time-barred and the company did not qualify for economic damages in the oil spill litigation.

  • October 16, 2026

    2nd Circ. Denies Rehearing In Tylenol Autism Suits

    The Second Circuit on Friday denied a bid by Tylenol maker Kenvue and several retailers to reconsider its ruling that a district court improperly excluded expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD.

  • October 16, 2026

    Costco Beats Customers' 100% Agave Tequila Labeling Suit

    A Seattle federal judge on Friday shot down consumers' proposed class action accusing Costco of selling Kirkland Signature tequila falsely labeled as "100% de Agave," deferring to Mexico's purview over tequila regulation and citing a Mexican government body's rejection of similar adulteration claims.

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    Conn. Judge Again Bars Wrongful Death Claims In Cookie Suit

    A Connecticut state court judge has stopped wrongful death claims from proceeding against grocery store chain Stew Leonard's, its CEO and several employees over a professional ballet dancer's allergy death from eating an allegedly mislabeled cookie, reiterating a previous ruling.

  • October 16, 2026

    Florida Says Discord Misled Families On Child Safety

    The Florida attorney general on Thursday sued messaging platform Discord Inc. in state court, accusing it of enabling the sexual abuse of minors with a lack of age-verification measures and safeguards.

  • October 16, 2026

    San Benito Foods Deal Gets Early OK, With Notice Concerns

    A California federal judge has given her initial blessing to a nearly $1 million deal that would end a Monterey Bay-area township's lawsuit against a tomato cannery that claimed the cannery's noxious odors diminished residents' property values.

  • October 16, 2026

    9th Circ. Decertifies Tesla 'Full Self-Driving' False Ad Classes

    The Ninth Circuit on Friday decertified a class action alleging Tesla deceived consumers into believing that its cars could fully drive themselves, saying there's no proof that all class members saw the same purportedly false statement on Tesla's website about its cars' hardware.

  • October 16, 2026

    NCR, Hydropower Cos. Settle Michigan River Cleanup Fight

    NCR Voyix Corp. and two hydropower companies have reached a settlement resolving litigation over whether sediment released during a reservoir drawdown complicated the cleanup of a Michigan Superfund site contaminated by decades of paper mill waste, according to a joint notice filed in Michigan federal court.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

Expert Analysis

  • Expert Witness's ChatGPT Use Highlights New AI Risks

    Author Photo

    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • FDA Closeout Letter Suggests Relaxing Stance On Wearables

    Author Photo

    The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

  • How Rogue AI May Shape Corporate Liability, Responsibility

    Author Photo

    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

  • Series

    Ballet Makes Me A Better Lawyer

    Author Photo

    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • How Texas' Protein Powder Probe Reflects Prop 65's Influence

    Author Photo

    Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

  • Insurer Spoliation Ruling Flags Continuing Duty To Preserve

    Author Photo

    An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

  • Series

    Taekwondo Makes Me A Better Lawyer

    Author Photo

    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • Del. Boeing Ruling Shows How Compliance Defeats Caremark

    Author Photo

    The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

  • When And How To Use 4 Types Of Cross-Exam Questions

    Author Photo

    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

    Author Photo

    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • What To Know As Legal Duty To Consider AI Takes Shape

    Author Photo

    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

    Author Photo

    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

    Author Photo

    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

    Author Photo

    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.