Product Liability

  • July 28, 2025

    PBMs Can't Escape NY State Law Claims In Opioid MDL

    Two UnitedHealth subsidiaries cannot escape claims that they exacerbated the opioid crisis by providing data analytics and consulting services to drugmakers, a federal judge overseeing the multidistrict litigation ruled on Monday, saying the New York state municipalities have adequately alleged RICO by claiming they were part of the same criminal conspiracy.

  • July 28, 2025

    Hawaii Fights Back Against US Bid To Block Climate Suit

    Hawaii on Friday asked a federal judge to throw out the Trump administration's "extraordinary and unprecedented" effort to block the state's climate change lawsuit against major energy companies.

  • July 28, 2025

    Amazon Looks To Ax Claims Of Heavy Metals In Rice Products

    Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."

  • July 28, 2025

    Splenda-Maker Says Emails Show NC Scientist Ignored Data

    The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.

  • July 28, 2025

    Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit

    Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.

  • July 28, 2025

    Widow Asks 4th Circ. To Revive Freight Broker Claim

    A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.

  • July 28, 2025

    Electrolux Range's Defect Led To Fire, Insurer Tells Court

    Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.

  • July 28, 2025

    2nd Abbott Baby Formula Bellwether Falls Before Trial

    An Illinois federal judge handed Abbott Laboratories summary judgment on Monday in the second bellwether that had been set for trial in multidistrict litigation over allegations its cow's milk-based formula can cause severe gastrointestinal illness in premature babies, while saying she will leave the door open to revive and later try the case.

  • July 28, 2025

    Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs

    Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.

  • July 28, 2025

    Peloton Looks To Snuff Out Investors' Recall Suit Again

    Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.

  • July 28, 2025

    Rising Star: Goldman Ismail's Allyson Miller Julien

    Allyson Miller Julien of Goldman Ismail Tomaselli Brennan & Baum LLP helped Merck win a major victory in multidistrict litigation over its Gardasil HPV vaccine, earning her a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 28, 2025

    J&J Loses Bid To Probe Beasley Allen Talc Litigation Funding

    A special master found Monday there is no reason to believe third-party funders are influencing Beasley Allen Law Firm's decisions in a massive talc litigation in New Jersey, defeating a subpoena from Johnson & Johnson digging into alleged third-party litigation funding.

  • July 28, 2025

    Catching Up With Delaware's Chancery Court

    A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.

  • July 28, 2025

    Novo Nordisk Faces Possible Mass Tort Over Ozempic In NJ

    Over 20 plaintiffs who have sued Novo Nordisk in New Jersey state court alleging its popular weight loss drugs caused them to lose their vision have filed an application to designate their cases as multicounty litigation, according to a notice to the bar posted on Monday.

  • July 25, 2025

    Social Media Cos. Score Toss Of 2022 Mass Shooting Suit

    A divided New York state appeals court on Friday dismissed a lawsuit that sought to hold Meta, Google and other social media companies liable for a fatal 2022 mass shooting that targeted Black people in Buffalo, New York, saying federal law shielded the companies from liability for the shooter's acts.

  • July 25, 2025

    ​In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits

    A new ruling in West Virginia opioid crisis litigation is revealing sharp divisions among the Mountain State's federal judges regarding a pivotal legal theory, potentially boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug distributors.

  • July 25, 2025

    4th Circ. Revives Kraft Heinz Suit Over Safety Complaints

    The Fourth Circuit on Friday overturned a win for Kraft Heinz Inc. in a suit by a former worker at a meatpacking plant who alleged that he'd been fired for reporting safety issues, saying the district court wrongly concluded that a separate disciplinary investigation was the sole reason he was terminated.

  • July 25, 2025

    Calif. Air Board Faces New Suit Over Carbon Fuel Standard

    Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.

  • July 25, 2025

    Drivers Ask 9th Circ. To Revive Fiat Chrysler Gear Shift Suit

    Chrysler drivers are asking the Ninth Circuit to revive their proposed class action alleging defective gear shifters in Fiat Chrysler vehicles, in a bid to overcome a California federal court's finding that the injury is hypothetical.

  • July 25, 2025

    Sports & Betting Cases To Watch In The Second Half Of 2025

    Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.

  • July 25, 2025

    Helicopter Crash Suit Belongs In New Zealand, Calif. Court Says

    Survivors of a helicopter crash cannot sue the U.S.-based companies that manufactured the aircraft in Los Angeles County, a California appeals court said Thursday, affirming a trial court's finding that it makes more sense for New Zealand courts to handle the case because that's where the crash happened and where the passengers live.

  • July 25, 2025

    Feds Redirect First Phase Of Atomic Bomb Waste To Texas

    Radioactive waste from the development of the first atomic bomb will no longer be sent to a landfill in Wayne County, Michigan, after a group of nearby communities sued to block the landfill from accepting 6,000 cubic yards of the material. 

  • July 25, 2025

    Insurers Seek Quick Win Over Meta Social Media Suits

    Various Hartford and Chubb units told a Delaware state court they should have no duty to defend Meta Platforms Inc. in thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing there was no insurable "accident" that allegedly occurred.

  • July 25, 2025

    Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use

    A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.

  • July 25, 2025

    Minnesota Regulators Sue Retailer Over Cannabinoid Wares

    Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

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    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • Trucking Litigation Will Shift Gears In The Autonomous Era

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    As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

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