Product Liability

  • August 19, 2025

    Faulty Expert Testimony Dooms Suit Against Norfolk Southern

    The Georgia Court of Appeals on Tuesday threw out a suit seeking to hold Norfolk Southern liable for a longtime worker's hip injuries, saying the plaintiff's medical expert submitted a report that did not properly discuss how the alleged negligence caused his injuries.

  • August 19, 2025

    Trump Energy Orders Suit Must Be Sustained, Youths Say

    Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

  • August 19, 2025

    Google, YouTube Settle Kids' Data Suit With $30M Payout

    Google LLC and its subsidiary YouTube will pay $30 million to resolve a long-running proposed class action accusing them of illegally collecting children's data to generate targeted advertising, according to documents filed in California federal court Monday. 

  • August 19, 2025

    Insurers Pull Back From Discord Liability Coverage Fight

    Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.

  • August 19, 2025

    21 AGs Push DEA To Schedule 'Designer Xanax'

    Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.

  • August 19, 2025

    2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row

    The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.

  • August 19, 2025

    Panel Weighs Ga. High Court Ruling In Sham Donor Suit

    Customers who accused a sperm bank of selling sperm without disclosing the true medical and criminal histories of donors urged the Georgia Court of Appeals to revive their lawsuits Tuesday, arguing the dismissals were based on a misreading of a 2020 decision from the state's high court.

  • August 19, 2025

    Onewheel Skateboard Maker Sued For Not Issuing Recall

    A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.

  • August 19, 2025

    Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme

    Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.

  • August 19, 2025

    Kratom Seltzers Co. Sued Over Claims Drinks Are Addictive

    Florida-based kratom beverage maker Mitra-9 has been hit with a proposed class action in New York federal court accusing it of misleading consumers with claims that its drinks are safe and "all natural," when in reality the active ingredient is highly addictive, causing opioid-like dependencies and withdrawals.

  • August 19, 2025

    Mich. AG Fights Roku's Bid To Dismiss Data Privacy Claims

    Michigan's attorney general told a federal judge she has standing to sue Roku Inc. on behalf of the state's residents and children because of the state's interest in combating data privacy violations, urging the court to reject the streaming platform's bid to shake video and personal privacy claims. 

  • August 19, 2025

    Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal

    Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 18, 2025

    Tesla Drivers Nab Class Cert. In 'Full Self-Driving' Suit

    A California federal judge Monday granted class certification in a consolidated lawsuit that accused Tesla Inc. of duping drivers into falsely believing that its cars can fully pilot themselves, but made some modifications to proposed class definitions.

  • August 18, 2025

    Meta Faces Senate Probe Over AI Chatbots' Talks With Kids

    Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors. 

  • August 18, 2025

    Williams-Sonoma Loses Bid To Narrow Thread-Count Class

    A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.

  • August 18, 2025

    Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims

    Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019. 

  • August 18, 2025

    Monsanto Reaches Terms To Settle Wash. School PCB Torts

    Monsanto has come to tentative settlement terms to end claims from roughly 200 people who say they developed various health problems from chemical contamination at a Washington state school site, parent company Bayer AG said Monday.

  • August 18, 2025

    McDonald's Settles Colo. Buyer's Quarter Pounder E. Coli Suit

    McDonald's has struck a deal to end a Colorado customer's Illinois state court lawsuit over a 2024 E. coli outbreak linked to the company's Quarter Pounder hamburgers, according to a court filing.

  • August 18, 2025

    Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears

    Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.

  • August 18, 2025

    4th Circ. Revives Ethylene Oxide Suit Against Union Carbide

    A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Akero Investor Suit Over Liver Drug Trials Permanently Tossed

    A California federal judge has permanently ended Akero Therapeutics investors' proposed class action alleging they were misled about the patient population in the company's liver disease treatment clinical trial, ruling the investors did not "fill-in the logical gaps" she previously identified when dismissing their earlier pleading for failing to plead scienter. 

  • August 18, 2025

    Texas Investigates Meta Over AI Mental Health Services

    The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.

  • August 18, 2025

    Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid

    Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.

Expert Analysis

  • 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.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

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