Product Liability

  • July 11, 2025

    6th Circ. Tosses Arbitration Denial In FCA Minivan Fire MDL

    A Michigan federal judge flubbed it when he denied Fiat Chrysler's bid to push into arbitration some of the plug-in hybrid minivan drivers who claim in multidistrict litigation that their vehicles could spontaneously explode, the Sixth Circuit ruled Thursday, saying the judge tipped the scales against the automaker by raising arguments the drivers hadn't mentioned.

  • July 11, 2025

    5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims

    The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.

  • July 11, 2025

    Ethiopian Airlines Case Settles '2 Minutes' Before Last Hearing

    A Chicago damages trial set for a man who lost his immediate family in an Ethiopian Airlines plane crash can be taken off the books because his case settled "literally two minutes" before his final pretrial hearing, attorneys told an Illinois federal judge Friday.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Cannabis Industry Group Praises Hemp Ban In Spending Bill

    A cannabis industry trade group has applauded a U.S. Senate committee's adoption of language in a federal appropriations bill that would ban consumable hemp-derived products with THC, while hemp industry stakeholders are seeking to use a one-year delay to amend a policy they say would kill the market.

  • July 11, 2025

    3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm

    The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.

  • July 11, 2025

    Tesla Faces Trial Over Fatal Autopilot Crash In Florida

    The first third-party wrongful death case involving Tesla's autopilot system is headed to trial Monday in Miami federal court, where jurors will determine whether the autopilot was at fault for the death of a pedestrian in a Florida Keys crash.

  • July 11, 2025

    Gun Group's NJ Nuisance Law Case Paused Amid State Action

    A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.

  • July 11, 2025

    Mich. Gun Store Seeks Escape From School Shooting Suit

    A gun dealer has asked a Michigan state appellate court to dismiss a lawsuit over the sale of a gun used in a deadly school shooting, arguing it can't be held responsible for the buyer giving the gun to his son.

  • July 11, 2025

    2nd Circ. Backs NY Liability Law Targeting Gunmakers

    The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.

  • July 11, 2025

    Stanley Mug Maker Seeks To Dodge Class Suit Over Lid Recall

    The Seattle-based company behind the popular Stanley-brand tumbler is urging a Washington federal judge to throw out a proposed class action from consumers who alleged the company's travel mug is defective, criticizing the plaintiffs' counsel for "sprinting to the courthouse" even though the manufacturer offered replacement lids during a voluntary recall.

  • July 11, 2025

    Dow, Others Can't Duck NY Water District's Contamination Suit

    Dow and two other companies must face a New York state water district's claims that they contaminated drinking water supply wells with a highly toxic chemical, a federal judge has said.

  • July 11, 2025

    Dem States Drop Bid To Block Machine Gun Trigger Returns

    Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.

  • July 11, 2025

    Transportation Policies To Watch In 2025: A Midyear Report

    Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.

  • July 11, 2025

    7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit

    The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.

  • July 10, 2025

    Boehringer Wins Another Zantac Cancer Trial In Illinois

    Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.

  • July 10, 2025

    ​​​​​​​DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices

    The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."

  • July 10, 2025

    Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen

    California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.

  • July 10, 2025

    Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana

    Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.

  • July 10, 2025

    Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption

    Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.

  • July 10, 2025

    11th Circ. Revives Case Over $3.1M Glassware Verdict Debt

    The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.

  • July 10, 2025

    DuPont Reaches $27M Settlement In NY PFAS Case

    The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

  • July 10, 2025

    Texas Cop's Estate Can't Redo Trial Over Accidental Evidence

    A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.

  • July 10, 2025

    Trump Says 50% Copper Tariff Will Begin Aug. 1

    President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Federal Regs Order May Spell Harsher FDCA Enforcement

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    A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    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.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    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.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    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.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    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.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    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.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    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.

  • Justices' NRC Ruling Raises New Regulatory Questions

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    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.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    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.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    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.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    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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