Product Liability

  • December 09, 2025

    J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc

    A University of California San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease. 

  • December 09, 2025

    Uber May Win Sanctions On Atty Who Disclosed MDL Docs

    A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

  • December 09, 2025

    Chipotle Bowl Delivered By DoorDash Had 'Rodent,' Suit Says

    A New York woman has sued Chipotle, DoorDash and one of the food delivery company's "dashers," alleging in a complaint filed in New York state court that she "bit into a rodent" concealed in a burrito bowl she had delivered from the fast-casual restaurant chain.

  • December 09, 2025

    Alaska And Juul Settle Vape Youth Suit For $5.8M

    Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

  • December 09, 2025

    GM Says Air Condition Claims Too Individual For Class Cert.

    General Motors LLC on Monday urged a Michigan federal judge to reject a new request to certify a proposed class of consumers who allege the automaker sold vehicles with air conditioning defects, pointing to recent Sixth Circuit rulings to argue that the claims are too individual to be grouped in a class.

  • December 09, 2025

    NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

    New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

  • December 09, 2025

    Cummins Investors Ink $1.6M Deal Over Emissions Fraud Suit

    Engine manufacturer Cummins Inc. and its investors asked an Indiana federal court to approve a $1.6 million deal that will end claims that the company hurt investors by hiding emissions control devices in certain engines, causing it to owe $2 billion in payments to regulators to settle Clean Air Act claims.

  • December 09, 2025

    NJ Drugmaker, Chubb Settle $6.5M Defense Costs Suit

    A New Jersey pharmaceutical company and Chubb have reached a settlement to end a lawsuit alleging the insurer owes nearly $6.5 million in outstanding legal fees stemming from a multibillion-dollar arbitration dispute over the development of a COVID-19 drug, according to a stipulation of dismissal from the companies. 

  • December 09, 2025

    Expert Invoices Discoverable In J&J Talc MDL, Judge Says

    A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

  • December 09, 2025

    Mistrial Declared In Fla. Opioid Case Against Pharmacies

    A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

  • December 09, 2025

    Hagens Berman's Novel DOJ Referral May Have Chilling Effect

    A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

  • December 08, 2025

    Baby Food Cos., Parents Clash On Heavy Metals MDL Experts

    A California federal judge heard arguments Monday over what expert witness evidence to allow in an upcoming trial over whether lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to ADHD and autism in children, as counsel from both sides kicked off a high-profile weeklong Daubert hearing.

  • December 08, 2025

    Ford Urges 9th Circ. To Decertify 'Death Wobble' Classes

    An attorney told a Ninth Circuit panel Monday it should decertify all the subclasses of buyers alleging some of Ford's pickup trucks suffered a steering defect known as the "death wobble," saying the district court didn't properly consider whether the models in question are largely used for business purposes.

  • December 08, 2025

    Insurer Denies Coverage To Retailers For Kratom Death Suit

    An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.

  • December 08, 2025

    11th Circ. Vacates Benefits Ruling In Black Lung Case

    The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine. 

  • December 08, 2025

    Food Biz Groups Say Texas Food Label Law Unconstitutional

    Food industry trade groups on Friday said the recent "Make Texas Healthy Again Act" is unconstitutional since the government is forcing them to spread inaccurate information about the safety of products, adding that the law undermines the domestic regulation of food safety.

  • December 08, 2025

    What To Do When Jurors Don't 'Trust The Science'

    The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

  • December 08, 2025

    Ex-Archetype Capital Exec Hit With Trade Secret Injunction

    A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system. 

  • December 08, 2025

    Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot

    A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.

  • December 08, 2025

    Volkswagen Defect Class Gets Final OK For $1.95M Fee Award

    A New Jersey federal judge has granted final approval to a class action settlement for 3.9 million Volkswagen and Audi owners, resolving claims over alleged turbocharger defects and awarding $1.95 million in fees and expenses to the plaintiffs' attorneys.

  • December 08, 2025

    Justices Say Louisiana Law Can't Bar HIV Discrimination Suit

    The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.

  • December 08, 2025

    EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed

    The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.

  • December 05, 2025

    Character.AI Exec Can't Exit Teen's Suicide Suit, Mom Argues

    The co-founder of Character.AI should not be allowed to escape a wrongful death lawsuit accusing the platform and its creators of building a large language model that encouraged a 14-year-old boy to kill himself, the teen's mother argued in Florida federal court, saying the founder essentially controlled the company, so much so that it was his alter ego.

  • December 05, 2025

    Juror Who Alleged Misconduct Dismissed From Opioid Trial

    A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.

  • December 05, 2025

    Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.

    Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

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    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • Trucking Litigation Will Shift Gears In The Autonomous Era

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    As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

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