Product Liability

  • March 26, 2026

    Mass. Gambler Says DraftKings, FanDuel Engineer Addiction

    DraftKings and FanDuel have been hit with another lawsuit, this time in Massachusetts state court, by a consumer alleging their sports betting platforms intensify the addictive properties of gambling but the companies refuse to implement safeguards.

  • March 26, 2026

    Stanley Mug-Maker Beats Most Lid Recall Claims, For Now

    A Seattle federal judge dumped the bulk of a proposed consumer class action accusing the company behind Stanley mugs of selling defective lids that can leak hot liquids, ruling plaintiffs in the case failed to establish that the business had advance knowledge of the alleged defects.

  • March 26, 2026

    Hyundai Loses 9th Circ. Bid To Arbitrate Palisade Liability Suit

    Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.

  • March 26, 2026

    House Panels Advance Aviation Safety Bill After DCA Collision

    Two House committees advanced legislation Thursday that would mandate aircraft-tracking and collision-avoidance technology in some aircraft, and reinforce Federal Aviation Administration and military training and operational procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.

  • March 26, 2026

    J&J Spinoff Can't Avoid All Of 'Oil-Free' False Ad Suit In Ill.

    An Illinois federal judge won't let a Johnson & Johnson spinoff fully escape claims that it misled consumers by marketing skincare products as "oil-free," finding the plaintiff can't pursue claims for products she didn't buy and dismissing her warranty claim but allowing the rest to proceed.

  • March 26, 2026

    Creditors, US Trustee Protest Jones Day In Vanderbilt Case

    The U.S. Trustee's Office and a group of creditors have urged a New York bankruptcy judge to reject mining company Vanderbilt Minerals' bid to retain Jones Day as counsel, arguing the law firm is conflicted because it represented the debtor's parent company prior to Vanderbilt's Chapter 11 case.

  • March 26, 2026

    Exxon Settles Suit Over Cleanup Of Seattle Gas Station Site

    Exxon Mobil Corp. has reached a settlement with a Seattle property owner who sought to hold the company liable for cleanup costs at the site of a former gas station, according to a motion approved Thursday by a Washington federal judge.

  • March 26, 2026

    Baltimore Says 1998 Tobacco Deal Doesn't Block Litter Suit

    The city of Baltimore is urging a state court to not throw out its suit against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Liggett Group LLC over the environmental damage caused by nonbiodegradable cigarette filters, saying that a 1998 settlement doesn't preempt its claims.

  • March 26, 2026

    Atty Wants To Undo Gun Client Ad Ban In Sig Sauer Battle

    An attorney embroiled in long-running disputes with gunmaker Sig Sauer has asked a Connecticut federal judge to rethink a ruling that permanently barred him from using a contested pistol animation to advertise his law practice, claiming the judge erred when inheriting the case following a fellow jurist's death.

  • March 26, 2026

    9th Circ. Upholds Medtronic Win In Spinal Cord Device Suit

    A Washington man cannot sue medical device maker Medtronic USA Inc. on allegations it sold him a spinal cord implant that malfunctioned causing greater pain, the Ninth Circuit ruled, saying he lacked expert witnesses to support his negligence claims.

  • March 26, 2026

    NC Justices Asked To Review 'Sealed Container' Defense

    A man suing a retailer and distributor over injuries he sustained when a counterfeit lithium-ion battery exploded is asking the North Carolina Supreme Court to take up the case, saying the appeals court wrongly held that the sealed container defense blocked his claims.

  • March 25, 2026

    Lyft Sex Assault MDL Gets 3 Co-Lead Plaintiff Attys

    A California federal judge on Wednesday appointed three female partners from three law firms to co-lead multidistrict litigation over passenger sexual assault claims against Lyft Inc., two of whom are also serving as co-lead counsel in similar litigation against Uber Technologies Inc.

  • March 25, 2026

    Ener-C Drink Buyer Claims 'All Natural' Mix Uses Synthetics

    The company behind Ener-C sugar-free vitamin drinks falsely advertises its beverages as "all natural" despite using a synthetic ingredient derived from petroleum products, according to a proposed class action filed Tuesday in Washington federal court.

  • March 25, 2026

    Uber Has Duty Of Safety Under NC Law, Passenger Claims

    Uber is "obviously" a transportation company providing rides to the public and therefore can be held liable when its drivers sexually assault customers, a passenger told the California federal court overseeing the sprawling multidistrict litigation, urging the court not to fall for the company's "misdirection."

  • March 25, 2026

    Ex-Nikola CEOs Can't Get Bankruptcy Pause For Investor Suit

    Former CEOs of bankrupt electric-truck maker Nikola Corp. can't hit pause on proposed investor class action claims they face while related claims against the company are stayed amid its bankruptcy proceedings, an Arizona federal judge has determined.

  • March 25, 2026

    Truck Makers Say Calif. Can't Ditch 'Clean Trucks' Pact Suit

    Heavy-duty truck manufacturers have told a California federal judge that state officials cannot be allowed to circumvent federal law and saddle manufacturers with stringent emissions standards and stiff penalties for noncompliance, saying the Golden State's regulations are unequivocally preempted.

  • March 25, 2026

    Mom Tying Abbott Formula To Baby's NEC Takes The Stand

    A plaintiff claiming Abbott Laboratories' preterm baby formula contributed to her infant's development of a serious gut condition told an Illinois jury Wednesday that she wouldn't have allowed her baby to consume the formula had she known it increased the risk of the infection, saying her now-teenage daughter still struggles with medical complications as a result.

  • March 25, 2026

    Estate Says OpenAI Suicide Suit Distinct From Murder Suit

    The estate of a man who murdered his mother and died by suicide allegedly because of his use of ChatGPT is urging a California federal court not to dismiss its suit against OpenAI, saying the suit doesn't run parallel to a state court case from the mother's estate.

  • March 25, 2026

    Pair Sue DraftKings, FanDuel, NFL Over Microbetting

    Two Pennsylvania consumers sued DraftKings Inc., FanDuel and the NFL in state court, alleging they teamed up to create a new, highly addictive style of gambling called microbetting that has made their products far more dangerous than any other form of sports wagering.

  • March 25, 2026

    Nicotine Pouch Maker Sues FDA Over Rejected Application

    A nicotine pouch manufacturer is asking a D.C. federal judge to force the U.S. Food and Drug Administration to review its "Zone" pouch products, claiming it spent nearly four years in regulatory limbo before the agency said the application was incomplete.

  • March 25, 2026

    Jury Doubles Damages Against Meta, Google In LA Bellwether

    A California state jury that found Meta and Google liable Wednesday for harming the mental health of a woman who says she became addicted to their social media platforms as a child delivered a second blow later in the day, awarding $3 million in punitive damages on top of a $3 million compensatory award.

  • March 24, 2026

    Meta Tackles Borrowed Underwear Analogy In Privacy Suit

    A California federal judge mulling Meta's argument that its users' consent bars a proposed privacy class action pressed Meta's lawyers Tuesday on whether social expectations affect the bounds of that consent, observing that if she gave a friend permission to borrow her clothes, "I don't expect her to borrow my underwear."

  • March 24, 2026

    Nicotine Pouch Maker To Refile FDA Suit In DC After Transfer

    The maker and seller of Zone nicotine pouches on Tuesday dismissed its own lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up a market application for its product, promising to refile in D.C. federal court after a Texas federal court transferred it to South Carolina federal court.

  • March 24, 2026

    AI Tools May 'Disrobe' Meta Of Section 230 Shield, Judge Says

    A California federal judge trimmed Tuesday a proposed class action alleging Meta Platforms Inc. knowingly participated in a Chinese pump-and-dump scheme advertised on social media, but found there's a factual dispute over whether Meta's AI tools materially contributed to the "facially ridiculous" ads.

  • March 24, 2026

    Baltimore Takes XAI To Court Over Grok's Sexual Deepfakes

    Baltimore on Tuesday became one of the first municipalities to sue Elon Musk's xAI over the Grok artificial intelligence platform's ability to transform ordinary photographs into nonconsensual sexualized deepfake images, including creating child sexual abuse material, saying it's exposing city residents to degrading content, harassment and psychological harm.

Expert Analysis

  • 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.

  • How Generative AI Cos. Can Navigate Product Liability Claims

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    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • FDA's 2025 Enforcement Scorecard Highlights Data Focus

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    The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.

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