Product Liability

  • April 01, 2026

    17 State AGs Challenge EPA's Repeal Of Coal Plant Air Regs

    Attorneys general from Illinois and 16 other states urged the D.C. Circuit on Tuesday to undo the Trump administration's recent rollback of Biden-era caps on mercury and other toxins in air pollution from coal- and oil-fired power plants, warning the loosened standards threaten public health and the environment.   

  • April 01, 2026

    DC Cannabis Co. Sues Firm Over Botched Grow Facility

    A cannabis industry-focused engineering firm reneged on a promise to build a fully operational indoor grow facility for a D.C.-based medical dispensary, the company told a D.C. federal court, claiming it is now stuck with the unfinished project and $1 million in specialized equipment that can't be resold.

  • April 01, 2026

    Sunbeam, Newell Can't Get Redo Of $9M Multicooker Verdict

    A Colorado federal judge denied a bid by Sunbeam Products Inc. and Newell Brands Inc. to upend an almost $9 million verdict in favor of a woman injured by one of their multicookers, saying none of their arguments show that the jury was wrong to side with her.

  • April 01, 2026

    Peloton Escapes Investors' Suit Over Recalled Bikes

    Peloton has extinguished a second attempt by investors to hold the company and its top brass liable for how Peloton handled a recall of its defective bicycle seats, with a New York federal judge finding that the company did not make any material misstatements or omissions to investors.

  • April 01, 2026

    Mass. Cannabis Businesses Say Repeal Bid Misleads Voters

    A coalition of Massachusetts cannabis business owners Wednesday challenged the constitutionality of a proposal to repeal retail marijuana legalization at the ballot box this November.

  • April 01, 2026

    PBM Opioid Crisis Suit Stays In Federal Court, Judge Says

    A Michigan federal judge on Tuesday denied a request from the state attorney general to remand to state court a suit accusing two pharmacy benefit managers of fueling the opioid crisis, saying the case will remain in federal court because work performed for federal and nonfederal clients cannot be separated.

  • April 01, 2026

    Sig Sauer's 'Feature' Argument Can't Nix Gun Defect Suit

    A Maine federal judge won't let Sig Sauer Inc. evade trial on a detective's claim that he was injured when a defective P320 pistol went off unintentionally, saying its argument that the lack of a safety is a feature rather than a defect is "bravado," but not sufficient for summary judgment.

  • March 31, 2026

    Rats, Vapes And Vodka: Strange But True Cases For April Fool's

    A dead rodent in a burrito bowl delivery, a mix-up with vodka seltzer in the wrong cans and the Toys R Us brand taking on a Connecticut vape shop are among Law360's list of strange cases suitable for April Fool's Day.

  • March 31, 2026

    Fire Shutter Maker Beats Rival's False Ad Suit Over Certification

    A New York federal judge ended a false advertising lawsuit brought by a manufacturer of commercial grade fire shutters that accused a rival of misrepresenting its products as meeting flame and heat testing standards, saying the competitor's marketing was "literally true."

  • March 31, 2026

    P&G Can't Escape Metamucil Lead Claims

    A New York federal judge on Tuesday said that The Procter & Gamble Co. must face a trimmed class action alleging that it falsely claims its Metamucil fiber supplement is healthy despite the presence of lead, finding that the claims aren't barred by federal law.

  • March 31, 2026

    Cruise Ship Cuke Made Passenger Puke, According To Suit

    A Washington woman accused produce supplier Sun Commodities Inc. of providing contaminated cucumbers to her Celebrity Summit cruise ship, alleging that she was hospitalized with a salmonella infection due to eating them in salad during a 2024 voyage.

  • March 31, 2026

    Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

    In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

  • March 31, 2026

    Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

    The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

  • March 31, 2026

    5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

    The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

  • March 31, 2026

    Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

    A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

  • March 31, 2026

    70+ Republicans Ask Justices To Review NY Gun Liability Law

    More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

  • March 30, 2026

    FTC's Meador Eyeing Platform Design In Kids' Safety Reviews

    While the Federal Trade Commission isn't interested in "telling companies how to run their businesses," the agency will continue to police online hazards facing children and adults, including those that may be caused by the way that websites are designed, and could impose more "extreme" remedies when necessary, Republican Commissioner Mark Meador said Monday.

  • March 30, 2026

    5th Circ. Seems Open To Reviving Eyemart Class Action

    A Fifth Circuit panel seemed open to reviving a class action accusing glasses retailer Eyemart Express LLC of selling sensitive personal health information to social media giant Meta, asking Monday why dismissal was appropriate given the complexity of the case.

  • March 30, 2026

    Judge Denies Arbitration Bid In Land Rover Brake Defect Case

    Jaguar Land Rover cannot, for now, push out of court a proposed class action over claims Range Rover brakes have a defect that causes premature wear, a New Jersey federal judge has ruled, possibly giving some credence to the drivers' claims that the arbitration clause was "buried" within the 525-page vehicle handbook.

  • March 30, 2026

    Stumptown Coffee Packaging Blamed For Flight Attendant's Burns

    Stumptown Coffee Corp.'s failure to address a critical flaw in its product packaging for commercial flights caused an "explosion" of scalding hot coffee on an Alaska Airlines plane that left a pregnant flight attendant with permanent scars on her chest, according to a lawsuit filed Friday in Seattle federal court.

  • March 30, 2026

    Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment

    Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he was a child, a Maryland federal judge has ruled.

  • March 30, 2026

    Product Liability Q1 Regulatory Roundup

    In the first three months of 2026, executive orders and other regulatory actions by the Trump administration have taken on products with "Made in America" labeling, called for the increased manufacture of the herbicide ingredient glyphosate, and addressed what e-cigarette flavors could receive the U.S. Food and Drug Administration's approval, among others.

  • March 30, 2026

    Kimberly-Clark Slips Conn. Town's 'Speculative' PFAS Claims

    A proposed class action claiming Kimberly-Clark Corp. polluted a Connecticut town's water and soil with toxic "forever chemicals" failed to allege plausible facts tying the contamination or any injuries to the paper goods maker, relying instead on assumptions and guesswork, a federal judge has ruled in dismissing the case.

  • March 30, 2026

    Nearby Polluters Must Face Gowanus Canal Cleanup Suit

    A New York federal judge on Sunday declined to dismiss a lawsuit brought by National Grid seeking to force 40 other parties accused of polluting Brooklyn's Gowanus Canal to pay their share of the Superfund cleanup costs.

  • March 30, 2026

    Expedia Looks To Escape Suit Over Carbon Monoxide Deaths

    Expedia has sought to escape a suit over the carbon monoxide poisoning deaths of three young women at a Belize resort allegedly due to a poorly installed water heater, telling a Massachusetts federal court it had no duty to warn customers about potential dangers at the hotels listed on its website.

Expert Analysis

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • As Justices Mull Suncor, Cos. Face New Climate Suit Realities

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    Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

  • Opinion

    High Court's Hain Ruling Undermines Diversity Jurisdiction

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    The U.S. Supreme Court's most recent decision on the limits of federal jurisdiction, Hain Celestial Group v. Palmquist, further legitimizes the plaintiffs bar's long practice of intentionally pleading around diversity jurisdiction — and could have far-reaching implications for how future product liability and consumer fraud cases are litigated, say attorneys at Patterson Belknap.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • In Hain, Justices Increase Stakes For Jurisdictional Errors

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    The U.S. Supreme Court's decision in Hain Celestial Group v. Palmquist, addressing the consequences of a district court's erroneous dismissal of a nondiverse party before final judgment, has amplified the risk that a mistaken jurisdictional ruling in district court will render moot everything that comes after, says Steven Boranian at Reed Smith.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • When MDLs Drag, State Courts Can Speed Mass Tort Results

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    Understanding the structural dynamics that can delay resolution in multidistrict litigation is essential to understanding why a state court strategy is sometimes not merely attractive, but necessary for plaintiffs seeking timely and just outcomes, say attorneys at DiCello Levitt.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • Leveraging MDLs And State Courts In Mass Tort Strategy

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    Multidistrict litigation's quiet drift from a pretrial coordination device to a de facto national court for mass torts poses a strategic question for plaintiffs counsel — whether an MDL will yield timely trials, meaningful accountability and fair value for clients, or whether a state court strategy will be more effective, say attorneys at DiCello Levitt.

  • PFAS Risks In M&A Amid Litigation, Legislative Developments

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    Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state laws, and potential buyers must find ways to evaluate potential related risks, say attorneys at Debevoise.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

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