Product Liability

  • March 19, 2026

    Target Hit With False Ad Suit Over 'Sustainably Caught' Tuna

    Target's representations that its Good & Gather tuna products are "sustainably caught" are nothing but empty promises, as its suppliers use dangerous fishing practices that harm the marine ecosystem and kill endangered sea turtles, whales and dolphins, according to a proposed class action filed Wednesday in California federal court.

  • March 19, 2026

    Tesla Says Drunk Driving, Not Autopilot, Caused Fatal Crash

    Tesla Inc. is asking a Colorado federal court to throw out a suit alleging that a defect in its driver assistance technology led to a fatal car crash, saying the evidence now shows that the so-called autopilot features were not on, while the driver was well beyond the legal alcohol limit.

  • March 19, 2026

    Kia Defeats 11-Year Suit Over Alleged Sunroof Shatter Defect

    An Ohio federal judge has thrown out for good a driver's suit alleging the panoramic sunroof on his 2012 Kia was defective and shattered for no reason on the highway, saying he failed to present any evidence of a defect, or how the supposed defect caused the sunroof to shatter.

  • March 18, 2026

    Key Details As 3rd Circ. Ponders FCA's Fate, $1.6B J&J Fine

    Third Circuit judges Wednesday explored divergent views of the False Claims Act's constitutionality and a record fraud verdict against Johnson & Johnson, expressing little eagerness to gut the FCA's whistleblower mechanism, and voicing uncertainty about evidence and jury instructions underpinning the drug promotion punishment.

  • March 18, 2026

    Zuckerberg, Snap CEO Likely Must Testify In School MDL Trial

    A California federal judge indicated Wednesday that Meta and Snap's CEOs will likely need to testify in an upcoming school district bellwether trial in the social media addiction multidistrict litigation, and declined Meta's bid to block arbitration demands, saying, "Meta's got plenty of money, go file a motion with the arbitration panel."

  • March 18, 2026

    Kenyan Firm's Boeing Crash Fee Dispute Largely Proceeds

    An Illinois law firm couldn't escape claims that it owes a Kenyan law firm upward of $1.5 million as part of a fee-sharing agreement stemming from a settlement with Boeing over the 2019 Ethiopian Airlines 737 Max crash, with an Illinois federal judge refusing to call the oral agreement unenforceable.

  • March 18, 2026

    Pa. Utility Regulator Seeks $2.6M Fine Over Fatal Explosion

    The Pennsylvania Public Utility Commission wants the gas company whose pipe leak allegedly caused the fatal 2023 explosion at the R.M. Palmer Co. chocolate factory in West Reading, Pennsylvania, to pay a $2.6 million civil fine, blaming the blast on the company's poor planning, inaccurate maps and failure to heed warnings that the plastic on its gas lines could degrade and fracture.

  • March 18, 2026

    5th Circ. Upholds Gun Charge, Approves Plate Reader Use

    A wanted man who was charged with illegal possession of a machine gun after Mississippi police tracked his vehicle with the help of a license plate reader cannot argue that locating him using the technology violated his privacy, a panel of the Fifth Circuit has ruled, denying his constitutional challenge.

  • March 18, 2026

    Abbott Investors Ink $40M Deal Over Infant Formula Crisis

    Shareholders who brought a derivative suit over Abbott Laboratories' management of the 2022 infant formula crisis asked an Illinois judge on Tuesday to approve a settlement that includes $40 million in investments in food safety and corporate reforms, and $15.85 million in attorney fees.

  • March 18, 2026

    Mazda Sued Over Alleged Defects In Brake, Lane-Keep System

    Mazda Motor Corp. has been hit with a potential class action in Virginia federal court alleging it failed to disclose and remedy braking and lane-keep assist defects in some of its CX-90 crossover SUVs that are prone to excessive deterioration, distracting braking sounds and unsafe steering behavior.

  • March 18, 2026

    DLA Piper Lands Shook Hardy Products Liability Pro In Miami

    A longtime Shook Hardy & Bacon LLP trial lawyer specializing in high-stakes product liability and complex litigation has joined DLA Piper in Miami, the firm announced Wednesday.

  • March 18, 2026

    Axion Cleared Of False Advertising Before Agilent Patent Trial

    Ahead of a patent infringement trial set to begin next week, a Delaware federal judge has addressed false advertising claims against biotechnology firm Axion and ruled there was no genuine dispute that a set of Axion advertisements deceived customers.

  • March 18, 2026

    FDA Can't 'Refuse To File' Tobacco Applications, Suit Says

    The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.

  • March 17, 2026

    Instagram Layers Backups To Catch Bad Content, Jury Told

    Instagram's algorithm data head told a New Mexico jury Tuesday that Meta layers processes to ward against harmful content, so if a violating post is missed and starts going viral, it can be caught by a backstop.

  • March 17, 2026

    Pot Co. Escapes Potency Suit, Judge Warns Plaintiff Firm

    MariMed and other cannabis companies beat claims they intentionally mislabeled their products to sidestep Illinois THC potency limits, with a federal judge highlighting the string of consumer-led suit losses and warning counsel to "heed the strong and universal concerns about the plausibility of their legal theories."

  • March 17, 2026

    Trump's Pipeline Order Stokes Turf War Over Energy Permits

    The Trump administration is taking executive power into uncharted territory by asserting it can override state law to restart a California oil pipeline, but such an expansion of presidential authority over energy infrastructure may invite skepticism from courts.

  • March 17, 2026

    Ga. Panel Nixes $8.5M Verdict Over Fault To Nonparty

    A Georgia appeals court has vacated an $8.5 million personal injury verdict awarded to a woman who fell while leaving her condo, saying the trial court wrongly allowed the jury to apportion fault to a nonparty that one of the defendants was vicariously liable for.

  • March 17, 2026

    Consumers Say Water Heater Valves Leak, Damage Homes

    Water heater manufacturer A.O. Smith Corp. on Monday was hit with a proposed class action in Wisconsin federal court alleging that its home water heaters have defective plastic valves that can suddenly leak and flood basements, ruin floors, and cause expensive repairs.

  • March 17, 2026

    Michigan Targets AI Chatbots In Child Safety Bills

    Michigan lawmakers are considering a package of child safety bills that would impose new regulations on social media and artificial intelligence companies, including a prohibition on certain features in "companion chatbots" for minors.

  • March 17, 2026

    Texas Man Asks Justices To Undo Samsung Battery Suit Win

    A man who claims a Samsung SDI Co. Ltd. battery exploded in his pocket is urging the U.S. Supreme Court to revive his case, arguing the Fifth Circuit wrongly applied an exception that allows companies to evade jurisdiction in states where they do business by claiming they marketed the products to manufacturers, not consumers.

  • March 17, 2026

    NJ Restaurant Beats Customer's Suit Over E. Coli Poisoning

    A New Jersey appellate panel on Tuesday upheld the dismissal of a suit over severe injuries suffered by a restaurant customer after eating an E. coli-contaminated salad, rejecting his attempt to categorize the case as a breach-of-contract claim.

  • March 17, 2026

    9th Circ. Says Idaho Doc Must Face Wash. Fatal Overdose Suit

    A Ninth Circuit panel has reversed the dismissal of a suit alleging an Idaho-based doctor overprescribed drugs to a Washington woman, leading to her death, finding that the doctor and her clinic had enough contacts with Washington for a federal district court in that state to have jurisdiction.

  • March 17, 2026

    2nd Circ. Kills Contempt Order In Starbucks False Ad Suit

    A New York federal judge overstepped in holding an attorney in contempt for filing what the lower court deemed a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, the Second Circuit ruled Tuesday.

  • March 17, 2026

    Apple Can't Shake Most PFAS Claims In Smartwatch Suit

    A California federal judge won't let Apple Inc. escape a proposed class action alleging that the wristbands of its Apple Watch products contain dangerous forever chemicals, saying the complaint is sufficient to allege that the company knew of the risks but didn't warn consumers.

  • March 16, 2026

    Boeing Investors Secure Class Cert. In 737 Max Fraud Suit

    An Illinois federal judge on Monday granted class certification to investors who allege Boeing harmed them by misrepresenting the safety of its 737 Max aircraft, finding that the investors established a common method for measuring damages that could apply class-wide.

Expert Analysis

  • Opinion

    Justices' Monsanto Decision May Fix A Preemption Mistake

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    In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.

  • What Rescheduling Means For Cannabis Labels, Marketing

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    The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.

  • NC Ruling Shows Mallory's Evolving Effects For Policyholders

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    A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • 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.

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