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Product Liability
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January 29, 2026
Boies Schiller Hits Meta With Arbitration Bids Over Addiction
Boies Schiller Flexner LLP on Thursday filed nine arbitration demands against Meta Platforms Inc. on behalf of young Instagram users, claiming that the social media company's products are harmful and intentionally designed to hook young people.
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January 29, 2026
J&J, Talc Unit Get Patients' Bankruptcy Fraud Claims Tossed
A New Jersey federal judge Thursday tossed a proposed class action brought by cancer patients who allege that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud, saying the plaintiffs have not asserted an injury that confers standing to sue.
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January 29, 2026
Costco Sued Over 'No Preservatives' Roast Chicken Ads
A pair of Golden State consumers have hit Washington-based Costco Wholesale Corp. with a proposed class action in California federal court, accusing the company of falsely advertising its popular $4.99 rotisserie chicken as preservative free despite containing two chemicals — sodium phosphate and carrageenan — which allegedly function like preservatives.
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January 29, 2026
DCA Midair Collision: One Year Later
Investigators' determination that the Federal Aviation Administration ignored repeated warnings about near-misses and risky helicopter traffic around the nation's capital is expected to spur regulatory reforms and potentially heighten the government's legal exposure in civil litigation stemming from the deadly midair collision in Washington, D.C., a year ago.
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January 29, 2026
Teva Tries To Spike Paragard Trial Claims, Punitive Damages
About a week into its first trial over the alleged dangers of the Paragard contraceptive, Teva Pharmaceuticals asked a Georgia federal judge Wednesday to cut the case short and hand it an early win, or at least let it out of a bid for punitive damages.
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January 29, 2026
Inspire Medical Leaders Face Suit Over Apnea Device Rollout
Brass of Inspire Medical Systems Inc. face shareholder derivative claims they breached their fiduciary duties by concealing issues affecting the launch of the company's latest sleep apnea device, damaging investors after its trading prices fell 32% when the issues were disclosed.
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January 29, 2026
NHTSA Opens Waymo Probe After Autonomous Car Hits Child
The National Highway Traffic Safety Administration has opened another investigation into Waymo LLC autonomous vehicles and how they operate in school zones after one hit a child near an elementary school in Santa Monica, California, marking the second safety probe into Waymo's maneuverings around children since October.
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January 29, 2026
Smartfood Popcorn Hit With False Ad Suit
PepsiCo Inc. on Wednesday was hit with a proposed class action in New York federal court brought by a Brooklyn woman who claims that its Smartfoods popcorn snacks contain an artificial ingredient that's both a flavor and preservative despite label claims.
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January 29, 2026
PubMatic Fails To Score Complete Dismissal Of Privacy Suit
A California federal judge has largely refused to dismiss a proposed class action that accuses digital advertising firm PubMatic Inc. of secretly tracking internet users across the web and selling their data, with the judge allowing most privacy and wiretapping claims to move forward.
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January 29, 2026
From TikTok To The Courtroom, The Rise Of Lawfluencers
A growing group of legal influencers with huge followings say social media use is helping them expand their practices along with their brands and offering marketing lessons that even BigLaw can learn from.
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January 29, 2026
Legal Group Tells Justices Pot User Gun Ban Unconstitutional
Libertarian group Liberty Justice Center is urging the U.S. Supreme Court to uphold a Fifth Circuit ruling that found disarming a cannabis user based solely on that use is unconstitutional, saying it's not consistent with historical analogues barring "dangerous" people from owning guns.
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January 28, 2026
Arbitrator Choice Prompts New Feud In Asbestos Claims Fight
A California federal judge on Wednesday ordered a group of reinsurers to confer with Truck Insurance Exchange as the company looks to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims.
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January 28, 2026
7th Circ. Doubtful Climate Fight Belongs In Federal Court
Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.
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January 28, 2026
Enbridge Looks To Keep Pipeline Open Amid 7th Circ. Appeal
Enbridge Energy Inc. is looking to pause a shutdown order of a segment of its Line 5 pipeline that runs through Wisconsin tribal lands pending its Seventh Circuit appeal, arguing to a Wisconsin district court that a cutoff would cause disproportionate economic harm and energy shortages.
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January 28, 2026
Attys Get $2.5M In $7.5M Preterm-Birth Drug Settlement
A New Jersey federal judge has given final approval to a $7.5 million settlement to end claims that AMAG Pharmaceuticals Inc. knew its preterm-birth prevention drug Makena was ineffective when it first marketed it, along with $2.5 million to class counsel in attorney fees.
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January 28, 2026
Insurer Claims No Duty In Crash Suit Against Vape Shop
A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.
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January 28, 2026
Fairlife Founders Freed From Calif. Cow Treatment Suit
The founders of Fairlife brand milk can't be held liable in a California proposed class action accusing the company of making false claims about humane cow treatment, a federal judge ruled, saying the suit failed to point to any examples of intentional acts they made directed to the state.
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January 28, 2026
Colo. Drivers Claim $5M Damage From Gas-Diesel Mix-Up
Colorado residents filed a proposed class action Tuesday in federal court against two fuel station operators, alleging the companies distributed gasoline contaminated with diesel fuel to major gas stations in early January that caused more than $5 million in damage to their vehicles.
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January 28, 2026
Conn. Justices Question 'Double Recovery' In Asbestos Case
Several Connecticut Supreme Court justices on Wednesday appeared uneasy with the thought of a mesothelioma patient's estate and widow receiving a "double recovery" from private settlements and workers' compensation law payments in an illness involving both workplace and at-home asbestos exposure sources.
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January 28, 2026
Robins Kaplan Takes Aim At Benicar MDL Fees Suit In NJ
Robins Kaplan LLP told a New Jersey federal court Wednesday that a suit over fees the firm collected in multidistrict litigation over blood pressure medication should be thrown out, saying it "parrot[s]" claims from earlier suits that were already dismissed.
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January 28, 2026
Syngenta, Chevron Settle Paraquat Case Before 1st Philly Trial
The first paraquat Parkinson's disease mass tort case set to be tried in Philadelphia was resolved Tuesday night on the eve of trial, according to the court.
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January 27, 2026
Ford Can't Ditch Claims Of Faulty F-150 Transmissions
An Illinois federal judge refused to side with Ford on drivers' claims that it sold certain F-150 trucks with defective 10-speed automatic transmissions, finding that, at this stage in the litigation, a Massachusetts driver has adequately alleged a violation of his state's consumer protection law.
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January 27, 2026
NTSB Torches FAA In DCA Midair Collision Probe
The Federal Aviation Administration for years ignored repeated warnings of close calls and mismanaged high-volume helicopter and commercial jet traffic at one of Washington, D.C.'s busiest airports, as the National Transportation Safety Board on Tuesday flagged "systemic failures" that led to January 2025's midair collision.
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February 12, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs
The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.
Expert Analysis
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.