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Product Liability
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February 04, 2026
Exxon, Shell Say Oil Cos. Can't Be Sued For Wash. Heat Death
Fossil fuel giants including Exxon Mobil and Shell pressed a Washington state judge Tuesday to toss a first-of-its-kind lawsuit over a 2021 Seattle heat wave death, saying the plaintiff family cannot use Evergreen State law to extract damages from oil corporations for harm allegedly caused by more than a century of global greenhouse gas emissions.
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February 04, 2026
PacifiCorp Urges Appeals Court To Scotch Broad Fire Liability
The power utility PacifiCorp argued to an Oregon appeals court Wednesday that broad-brush trial evidence and class certification issues require overturning a 2023 verdict that made the company liable to property owners for wildfires around the state on Labor Day 2020.
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February 04, 2026
Senate Committee Mulls Autonomous Vehicle Standards
U.S. Senate lawmakers on Wednesday renewed debate over how to craft a federal regulatory framework governing autonomous vehicles in the U.S., as Tesla, Waymo and other industry executives pressed for concrete rules to help drive innovation and competition, while also defending their safety records in the face of recent incidents.
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February 04, 2026
Co. Can't Limit Punitive Damages For Ill. Dehumidifier Fire
A dehumidifier manufacturer lost its bid to limit the punitive damages sought by property owners and their insurer for damage they say was caused by a product defect when an Illinois federal court ruled Tuesday the owners' punitive damages are for the total damage, not just the deductible for their uninsured loss.
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February 04, 2026
JetBlue Hid Toxic 'Bleed Air' Fumes, Flight Attendant Says
JetBlue Airways Corp. is accused of engaging in a decades-long cover-up to downplay or conceal the health risks of onboard "fume events" that subject flight crews and passengers to toxic engine air, according to a flight attendant's lawsuit in North Carolina state court.
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February 04, 2026
Parent Tells 9th Circ. Roblox Can't Arbitrate Suit
A parent has urged the Ninth Circuit to uphold a lower court's ruling that Roblox can't arbitrate claims that his daughter was preyed upon by adults on the popular gaming platform, since it was his minor child, not him, who made purchases on the app.
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February 04, 2026
FCA Loses Bid To Exclude Expert Witnesses In Minivan MDL
A Michigan federal judge has refused to bar testimony from two expert witnesses offered by multidistrict litigation plaintiffs who claim certain Chrysler Pacifica plug-in hybrid minivans are prone to burst into flames, with the case nearing a summary judgment hearing scheduled for April.
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February 04, 2026
Teva Wins 1st Paragard IUD Bellwether Trial
Teva Pharmaceuticals won a complete defense verdict Tuesday in the first trial testing claims that the company failed to warn consumers that its Paragard IUD has a defect making it prone to breakage inside patients' uteri.
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February 04, 2026
Drugmakers Say Hagens Berman Responsible For Costs
Drugmakers including GSK and Sanofi have told a Pennsylvania federal court that plaintiffs firm Hagens Berman Sobol Shapiro LLP should bear the costs for the special master tasked with sorting out long-running disputes in a since-dropped product liability suit.
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February 04, 2026
Cresco Again Seeks Toss Of THC Potency False Ad Suit
Cresco Labs Inc. is once again pushing for dismissal of a proposed class action alleging that it deliberately mislabels its cannabis oil products to get around Illinois THC possession limits, saying the plaintiff's claims are clearly preempted by state law.
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February 03, 2026
Uber Should Pay $144M For Sex Assault By Driver, Jury Told
Uber should pay more than $144 million in compensatory and punitive damages for choosing "profit over safety," leading to the rape of a 19-year-old woman by a rideshare driver, her lawyer told an Arizona federal jury at the close of a landmark bellwether trial on Tuesday.
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February 03, 2026
J&J Beats Proposed Class Action Over Band-Aid PFAS
A New Jersey federal judge on Monday tossed claims by a proposed class of consumers alleging that Kenvue Inc. and Johnson & Johnson hid the presence of a group of chemicals known as PFAS in Band-Aid products, saying the consumers hadn't shown that they were harmed.
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February 03, 2026
Resort, Expedia Sued Over Guests' Carbon Monoxide Deaths
The families of three young women who died of carbon monoxide poisoning allegedly due to a negligently installed and faulty water heater lodged a suit in Massachusetts federal court on Tuesday, blaming a Belize resort, its Canadian developer, and travel booking website Expedia for their deaths.
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February 03, 2026
Online Betting Co. Beefs Up Penalties For Harassing Athletes
Online betting platform BetMGM will now suspend the accounts of users who harass or direct abuse toward an athlete, coach or other participant in a sporting event, potentially solving a problem leagues and players have tried to address recently.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
Insurance Claims Data Fair Game In Instagram Addiction Suit
A Massachusetts judge said the state's attorney general may continue reviewing health insurance claims data from two agencies it subpoenaed months after the close of discovery in its social media addiction lawsuit against Instagram.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 02, 2026
'We Have Not Done Enough' On Sex Assaults, Uber Exec Says
Uber's chief product officer, the final live defense witness Monday in a bellwether trial over the company's sexual assault liability in multidistrict litigation involving thousands of cases, rejected claims that Uber dragged its feet on implementing some safety measures, while conceding "we have not done enough."
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
'Terumo Knew' Of Dangerous Emissions, Jury Told
A pollution expert witness told a Colorado jury Monday in the latest trial over Terumo's alleged emissions of toxic ethylene oxide that the medical sterilizer was fully aware of the community emissions and their danger.
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February 02, 2026
Feds Strike Deals With 630 Plaintiffs In Red Hill Fuel Leak Row
The government has informed a Hawaii federal court it executed settlements with more than 600 civilians in litigation over fuel leaks tied to a since-shuttered U.S. Navy storage facility, and urged a judge to throw out injury claims brought by nearly 1,000 service members.
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February 02, 2026
Modelo, Constellation Seek Permanent Ban On Fake Beers
Constellation Brands, the exclusive licensee of Modelo's beer brands in the U.S., has asked a Texas federal judge for a permanent injunction against a beer distributor accused of importing and selling counterfeit beers that use labels that copy major Mexican beer brands.
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February 02, 2026
American Airlines, PSA Eye Exit In DCA Midair Collision Suits
American Airlines has told a federal judge that it fully complied with federal aviation safety standards, and that victims' families suing for negligence over last year's deadly midair collision over Washington, D.C., should primarily be going after the government, not the airline.
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February 02, 2026
Judge Nixes Arbitration In Asphalt Recycling Fraud Suit
An Ohio federal judge Monday refused to compel arbitration in fraud litigation initiated by a Bahraini company against an asphalt recycling machine manufacturer, finding the latter firm had defaulted in a previous arbitration by refusing to pay its share of the fees.
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February 02, 2026
Lead Counsel For Parents Appointed In Roblox MDL
The California federal judge overseeing the growing multidistrict litigation over allegations that children were groomed and exploited by sexual predators on Roblox's popular gaming platform has appointed plaintiffs attorneys to leadership positions on Friday.
Expert Analysis
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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Rescheduling Cannabis Marks New Tax Era For Operators
As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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How Generative AI Cos. Can Navigate Product Liability Claims
Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.
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And Now A Word From The Panel: MDL Year In Review
2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.
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Class Actions At The Circuit Courts: January Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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What US Cos. Must Know To Comply With Italy's AI Law
Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.