Product Liability

  • July 22, 2025

    Fiat Chrysler Denies Misleading Court Over Settlement Delays

    Fiat Chrysler told a Michigan federal judge on Monday that changes to management and internal procedures are in part to blame for the continued delay in submitting documents to finalize a deal resolving allegations that the automaker sold vehicles with engines prone to catching fire, urging the court not to sanction the company.

  • July 21, 2025

    Man Tweaks Suit Over Gun Purchase Ban Tied To Pot Conviction

    A man who claims he was wrongly denied the right to buy a gun despite his four-decades-old marijuana felony being expunged has tweaked his legal efforts, dropping the FBI and the Bureau of Alcohol Tobacco, Firearms and Explosives as defendants in his lawsuit in Kansas federal court.

  • July 21, 2025

    Enterprise Need Only Check License, Conn. Panel Rules

    Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.

  • July 21, 2025

    Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust

    Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.

  • July 21, 2025

    Tesla Driver In Crash Says He Was 'Too Comfortable' With Car

    The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.

  • July 21, 2025

    Energy Litigation To Watch In The 2nd Half Of 2025

    Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.

  • July 21, 2025

    EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit

    The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.

  • July 21, 2025

    Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid

    A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.

  • July 21, 2025

    Erie Insurance Blames BMW For $2M Mini Cooper Fire Loss

    An insurer for a Pittsburgh car dealership and car owner told a Pennsylvania state court that BMW's North American division owes nearly $2 million in coverage reimbursement for a Mini Cooper vehicle fire because of a faulty battery housing or related components.

  • July 21, 2025

    Ruger Says Colo. Shooting Suits Can't Lean On Conn. Ruling 

    Sturm Ruger & Co. on Monday asked a Connecticut state judge to strike lawsuits by the families of the victims of a Colorado mass shooting, saying litigation from the Sandy Hook massacre does not open the Constitution State's unfair trade practices statute to all advertising-based claims against gunmakers.

  • July 21, 2025

    Faegre Drinker Adds Another Greenberg Product Liability Atty

    Faegre Drinker Biddle & Reath LLP has added another former Greenberg Traurig LLP attorney to its product liability and mass torts team, this time a New York-based counsel who focuses on medical device litigation.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Boeing Urges 4th Circ. To Decertify 737 Max Investor Class

    Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.

  • July 18, 2025

    Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits

    An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.

  • July 18, 2025

    Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car

    A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.

  • July 18, 2025

    Social Media MDL Judge Could Bifurcate Bellwether Trials

    A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."

  • July 18, 2025

    Safeway Can't Arbitrate False Ad Wine Discount Suit

    Safeway can't force customers to arbitrate their proposed false advertising class action alleging it markets bogus, limited-time offers of discounts on wine for its rewards members, after a California federal judge ruled that there's no evidence they agreed to arbitrate their disputes or had notice of Safeway's arbitration terms. 

  • July 18, 2025

    Ga. Facility Exposed Workers, Families To Mercury, Suit Says

    A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.

  • July 18, 2025

    Suit Says Mazda's Sensors Missed Motorcyclist In Blind Spot

    Mazda Motor Corp. manufactured its CX-5 SUV with a defective blind spot monitoring system that failed to warn its driver that there was a motorcyclist in the lane he merged into, according to a lawsuit filed by a Pittsburgh-area family that claims the biker suffered life-altering injuries.

  • July 18, 2025

    Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban

    In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.

  • July 18, 2025

    Cannabis And The Courts: A Midyear Litigation Review

    In the first half of 2025, lawsuits taking aim at state hemp restrictions, putative residency criteria in cannabis licensure programs and the federal policy that keeps users and convicted sellers of pot from lawfully owning guns were all briefed in multiple appellate courts across the country.

  • July 18, 2025

    Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings

    A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.

  • July 18, 2025

    Acreage And Verano Seek Dismissal Of THC Potency Suits

    Cannabis giants Acreage and Verano this week urged Illinois federal judges to dismiss a pair of putative consumer class actions alleging the companies sold products with unlawfully high levels of the psychoactive cannabinoid THC.

  • July 18, 2025

    2nd Circ. Shields Official From NRA's Free Speech Suit Again

    A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.

  • July 17, 2025

    FDA Signs Off On Juul E-Cig Products After 5-Year Review

    The U.S. Food and Drug Administration on Thursday gave Juul the green light to market five e-cigarette products, although the FDA noted that the long-awaited authorization "does not mean these tobacco products are safe, nor are they FDA-approved."

Expert Analysis

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

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