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Product Liability
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February 25, 2026
Lawsuit Over Recalled Lowe's Batteries Tossed, For Now
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC have, for now, beaten a proposed class action accusing them of selling lithium-ion batteries that caught fire, after an Illinois federal judge ruled that the buyer failed to point to any particular "promise regarding safety."
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
NJ Judge Trims J&J And Neutrogena Benzene Suit
A New Jersey federal judge has slashed state and common law claims in a multistate proposed class action alleging that acne cream produced by Johnson & Johnson Consumer Inc. and Kenvue Inc. contained a cancer-causing chemical without warning labels, saying the buyers' claims missed "a step" and were "circular."
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February 25, 2026
BP Says Wash. 'Odors' Suit Smells No Better 2nd Time Around
BP Products North America Inc. again urged a Seattle federal judge to reject a putative class action over fumes from the petroleum company's Cherry Point Refinery in Blaine, Washington, arguing the two named plaintiffs are poor representatives of the proposed class.
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February 25, 2026
Fungi-Nail Co. Says False Advertising Class Action Must Fail
Arcadia Consumer Healthcare Inc. on Tuesday urged a North Carolina federal judge to toss once and for all a proposed class action alleging that its Fungi-Nail product is falsely marketed as a treatment for nail fungus, saying that the plaintiff has tried and failed several times to point to specific statements that it treats the infection.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Mass. Town Targets Georgia-Pacific, Honeywell In PFAS Suit
A Massachusetts town has sued several industrial paper manufacturers in federal court, seeking to force the companies to pay for removal of forever chemicals that have contaminated the local water supply.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
Product Liability Group Of The Year: Jones Day
Jones Day last year successfully defended the entire U.S.-based firearm manufacturing industry in a $10 billion complaint filed by the government of Mexico that eventually made its way to the U.S. Supreme Court, one of several wins that earned the firm a place on the 2025 Law360 Product Liability Groups of the Year.
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February 24, 2026
YouTube-Watching Plaintiff Saw 17K Ads In 1 Year, Jury Hears
A YouTube executive testifying in a California bellwether trial over allegations the platform and Instagram harm children confirmed Tuesday that the company's data found the plaintiff viewed over 17,000 advertisements in one year, with her lawyer suggesting the number reflects that she spent an extraordinary amount of time on the platform.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Tesla Says Calif. DMV 'Baselessly' Called It A False Advertiser
Tesla asked a Los Angeles County Superior Court to vacate a California Department of Motor Vehicles order that it said "wrongfully and baselessly" labels the automaker a false advertiser for marketing its vehicles' "autopilot" function, calling the order "deeply flawed."
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February 24, 2026
Miller Lite Glass Injury Jury Will Hear That Bottle Was Emptied
A federal judge ruled Tuesday that jurors set to weigh injury claims by a Miller Lite drinker who swallowed glass will be told that he altered evidence out of the beer giant's presence.
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February 24, 2026
Meta Encrypted Messages At Expense Of Safety, Jury Hears
Meta made it harder to take action on conversations between predators and teens by instituting higher message encryption over the objections of the nation's child exploitation coordinating body, an executive of that group testified Tuesday in the New Mexico attorney general's mental health trial against the social media giant.
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February 24, 2026
High Court Won't Stay Dow Corning Breast Implant Fund Row
The U.S. Supreme Court on Tuesday denied a request to stay a lower court's order permanently wiping out the claims of more than 2,600 Koreans who said they were failed by how the settlement was structured, as they were given notice only in English regarding their claims.
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February 24, 2026
Trucking Biz Says Cummins Must Face Warranty Denial Suit
A trucking company has told a Michigan federal court it has evidence showing Cummins Inc. decided to cite dust damage to avoid repairing its broken-down engines before even checking inside them, arguing the court should not let the engine maker out of the proposed class action.
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February 24, 2026
Hyundai Braking System A 'Safety Hazard,' Class Action Says
Hyundai used "cheap" components in its automatic emergency braking system, causing its vehicles to erroneously detect objects that aren't there and suddenly brake in traffic, according to a California federal lawsuit which claims the system is a hazard.
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February 24, 2026
Novo Nordisk Wants Expert Cut From Hospital Insulin Pen Suit
Novo Nordisk on Tuesday asked a Connecticut federal judge to remove an expert witness's report and related testimony from an insulin pen contamination lawsuit, hoping a hospital's entire case fails once the expert's opinions are blocked.
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February 24, 2026
11th Circ. Notes Lack Of Info On Why Gun Fired In $2.3M Case
An Eleventh Circuit panel appeared concerned Tuesday about the viability of a more than $2.3 million verdict awarded to a Georgia man who was injured by an unintentional shot from his Sig Sauer pistol, expressing reservations about his lack of an affirmative explanation for how the gun went off.
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February 24, 2026
Firm Ordered To Show Proof In Google Teen‑Harm Fee Fight
A Florida federal judge has ordered an Orlando firm to submit documents substantiating its claims that it is owed a cut of a pending settlement in a suit accusing Google LLC and a chatbot company of causing the suicide of a teen, after a former attorney said the firm's claims were "baseless."
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February 24, 2026
House Votes Down Aviation Safety Bill After DCA Collision
The House on Tuesday defeated legislation that would've mandated aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.
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February 24, 2026
Justices Wary Of Moving Pipeline Suit To Federal Court
U.S. Supreme Court justices on Tuesday appeared reluctant to overturn a ruling that kept Michigan Attorney General Dana Nessel's lawsuit seeking to shut down an Enbridge pipeline in state court, questioning why they should excuse the company for missing a federal removal deadline.
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February 24, 2026
Product Liability Group Of The Year: Lieff Cabraser
The efforts of Lieff Cabraser Heimann & Bernstein LLP attorneys last year on headline-making litigation, such as the massive wave of lawsuits against social media giants over alleged ills to youth mental health, and their part in a $4 billion settlement for those affected by the deadly wildfires in Hawaii just a few years ago secured their place in the 2025 Law360 Product Liability Groups of the Year.
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February 24, 2026
Stop & Shop 'Flushable' Wipes Suit Voluntarily Thrown Out
A Massachusetts man's proposed class action alleging supermarket chain Stop & Shop misleadingly marketed personal care wipes as "flushable" was voluntarily dismissed on Monday, weeks after a federal judge rejected the plaintiff's request to tag in replacement plaintiffs, as well as the grocer's bid for his employment records.
Expert Analysis
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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Key Trends Shaping ESG And Sustainability Law In 2026
2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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What Defense Teams Must Know About PFAS Testing Methods
Whether testing for per- and polyfluoroalkyl substances produces results meaningful for litigation depends on the validity of the sampling methodology — so effectively defending these claims requires understanding the scientific and legal implications of different PFAS testing protocols, say attorneys at Hollingsworth.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.