Product Liability

  • January 30, 2026

    11th Circ. Urged To Undo $38M Chiquita Verdict, $229K Fee

    The Eleventh Circuit heard arguments Friday in two cases stemming from claims that Chiquita funded a right-wing paramilitary group, with Chiquita urging the court to vacate a $38 million verdict finding it caused eight deaths, while an attorney for the plaintiffs asked to reverse a firm's $229,000 fee award.

  • January 30, 2026

    3rd Circ. Preview: Privacy Issues Top Feb. Argument Lineup

    Issues involving privacy feature prominently on the Third Circuit's February oral argument schedule, with panels set to hear a dispute regarding an optometry business's duty to protect private data belonging to third-party customers, and a case over whether the city of Philadelphia can be sued by a mother after a police officer shared images of her son's death from the scene where he committed suicide.

  • January 30, 2026

    Defamation Litigation Roundup: Grok, Drummond, Bravo Star

    In this month's review of defamation fights, Law360 highlights a suit against Elon Musk's artificial intelligence company over reported sexualized deepfakes of women generated by its flagship model, as well as a verdict in favor of a coal company in its defamation and racketeering case against a former Conrad & Scherer LLP managing partner.

  • January 30, 2026

    9th Circ. Says DOJ Can Withhold VW Grand Jury Records

    The Ninth Circuit on Friday held that the U.S. Department of Justice couldn't be forced to hand over about 6 million Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal, as the government obtained them through a grand jury subpoena.

  • January 30, 2026

    8th Circ. Affirms Toss Of ND Tribal Landowners' Pipeline Suit

    The Eighth Circuit Friday refused to revive a group of landowning Three Affiliated Tribes members' lawsuit accusing oil pipeline operator Andeavor of trespassing across their North Dakota reservation lands, with a panel majority concluding that the members had no federal common law trespass claim.

  • January 30, 2026

    CBD Cos. Say They're Wrong Defendants In Kratom Suit

    Shaman Botanicals LLC and CBD American Shaman LLC are urging a California federal judge to throw out claims that they mislead consumers by failing to warn them that Soma Kratom products are dangerous and addictive, saying they're not affiliated with Soma Kratom in the first place.

  • January 30, 2026

    Dozens Of Cases Linking Zantac To Cancer Thrown Out

    A Delaware state trial judge tossed over 200 cases by individuals alleging Boehringer Ingelheim's discontinued heartburn medication Zantac caused cancer, ruling the claims were time-barred.

  • January 30, 2026

    Allergan Sued Over 'Preservative Free' Eyedrop Labeling

    AbbVie unit Allergan USA was hit with a proposed false advertising class action Wednesday in Illinois state court by two customers alleging that the company labeled its eyedrops as "preservative free" despite the fact that they contain boric acid. 

  • January 30, 2026

    Amazon Says Shoppers' Labeling Suit Is Corrupted By AI Errors

    In customers' latest filing in their proposed class action accusing Amazon of failing to make required disclosures on dietary supplement product pages, the e-commerce giant alleges that the plaintiffs have submitted a document riddled with errors derived from the use of generative text.

  • January 30, 2026

    Judge Signs Off On Idaho Mine Pollution Settlement

    An Idaho federal judge has approved a proposed consent decree calling for two Nu-West companies and the U.S. government to share costs to implement remediation work for a North Maybe Mine site in Caribou County.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Streamlining Product Liability MDLs With AI And Rule 16.1

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    With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • How Rule 16.1 Streamlines And Validates Mass Tort Litigation

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    The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.

  • 2025's Defining AI Securities Litigation

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    Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    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.

  • 4 Trends Shaping Drug And Medical Device Law For 2026

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    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.

  • Key Trends Shaping ESG And Sustainability Law In 2026

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    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.

  • Navigating AI In The Legal Industry

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    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.

  • Opinion

    Judges Carry Onus To Screen Expert Opinions Before Juries

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    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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