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Product Liability
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January 06, 2026
Cider-Maker Challenges Federal Ban On Vintage Labeling
A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.
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January 06, 2026
NJ Judge Signals Green Light To Revive J&J Unit's Libel Suit
A New Jersey federal judge has indicated she is planning to grant a bankrupt Johnson & Johnson talc subsidiary's bid to revive its trade libel claim over a scientific article linking asbestos in talc to mesothelioma.
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January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing
Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight
A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
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January 06, 2026
Calif. Locomotive Emissions Rule Repeal Ends Industry Suit
A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.
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January 06, 2026
Meta Can't Revisit Order Blocking Clawback Of Attorney Docs
A District of Columbia Superior Court judge has refused to reconsider her order finding that Meta Platforms Inc. couldn't claim attorney-client privilege over documents it sought to claw back from discovery, saying the company can't use "sleight of hand" to recharacterize the communications in the documents.
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January 06, 2026
Federal Prosecutor Rejoins King & Spalding In Atlanta
A former federal prosecutor who left King & Spalding LLP five years ago for an assistant U.S. attorney role has returned to the firm as an Atlanta-based partner in its product liability and mass torts practice, according to a Tuesday announcement.
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January 06, 2026
San Diego Sues DHS Over Marines' Border Barrier
The city of San Diego has sued the Department of Homeland Security over what it described as an unauthorized installation of razor-wire fencing by the U.S. Marines in a city-owned protected wildlife habitat area near the southern border.
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January 06, 2026
Top Personal Injury, Medical Malpractice Cases Of 2025
A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.
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January 06, 2026
Teva Gets Claims Trimmed Ahead Of IUD MDL Bellwether Trial
A Georgia federal judge has trimmed some claims from a bellwether trial against original manufacturer Teva Pharmaceuticals over alleged defects in the Paragard intrauterine device that a woman says caused her injuries requiring surgery, while allowing some failure to warn, design defect and punitive damages claims to proceed.
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January 05, 2026
Amazon Plaintiff Says 'Buy Movie' Button Fools Shoppers
A California woman accusing Amazon of lying to consumers about whether they own movies purchased on its Prime Video platform said the e-commerce giant can't avoid the proposed class action by hiding behind fine print, arguing shoppers who bought media weren't sufficiently informed they could lose access at any time.
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January 05, 2026
Hawaiian Electric Reaches $47.8M Investor Deal Over Wildfires
Hawaiian Electric Industries Inc. shareholders reached a nearly $48 million settlement with the company and some of its leaders in a suit blaming it for the downturn in its stock price following a deadly 2023 fire on Maui, and asked a California federal judge on Monday to grant the deal preliminary approval.
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January 05, 2026
Uber Sex Assault MDL Judge Won't Delay Bellwether Trial
A California federal judge on Monday denied Uber's request to postpone the first of some 20 bellwether trials in multidistrict litigation over passenger sexual assaults despite the company's assertion that the jury pool will be tainted by what it said was a plaintiffs' counsel advocacy group commercial saying Uber refused to make safety improvements.
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January 05, 2026
Owlet Investors Seek Final OK For $3.5M Deal, Atty Fees
Investors suing digital baby monitoring device manufacturer Owlet Inc. have asked a California federal court to grant final approval to a $3.5 million deal settling claims the company misled investors about approvals required from the U.S. Food and Drug Administration to sell its "smart socks."
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January 05, 2026
OpenAI Sued Again Over ChatGPT's Role In Murder-Suicide
A second lawsuit has been filed against OpenAI accusing it of negligently designing its artificial intelligence tool ChatGPT, which caused a man to murder his mother and commit suicide, according to the complaint in California federal court.
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January 05, 2026
Quince Moves To Toss Williams Sonoma's False Ad Suit
Quince urged a California federal court on Friday to dismiss Williams-Sonoma Inc.'s lawsuit that accuses the online retailer of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, saying Williams Sonoma's complaint cuts out "key context" regarding Quince's ads.
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January 05, 2026
PG&E Inks $100M Deal To Settle Investors' Wildfire Suit
California utility Pacific Gas & Electric Co., its brass and its underwriters have reached a $100 million deal ending investor claims over allegedly misleading statements about the company's safety practices ahead of deadly wildfires in the past decade.
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January 05, 2026
9th Circ. Creates Split On Dormant Commerce And Cannabis
The Ninth Circuit's decision Friday finding that a constitutional doctrine barring states from enacting protectionist policies does not apply to federally illegal retail marijuana sets up an apparent circuit split and may bring the matter closer to U.S. Supreme Court review.
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January 05, 2026
Amazon Sued Over Burns From Erupting Instant Pot
Amazon and a Chinese manufacturer face a personal injury lawsuit from two New York residents who claim they suffered severe, disfiguring burns when an Instant Pot pressure cooker that was purchased through Amazon malfunctioned and spewed hot soup onto them.
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January 05, 2026
Colo. Inks New Settlement Over Banned Cannabis Products
A Texas cannabis company has entered into a new settlement with Colorado after the state accused the business of violating the terms of an earlier settlement by "deceiving" consumers through misrepresenting its products, the Colorado attorney general said Monday.
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January 05, 2026
Tanker Worker Says BWC Terminals Caused Chemical Burns
A tankerman told a Texas state court that BWC Terminals' negligence led to chemical burns in his lungs, alleging that a company-owned walkway fell and pierced a pipeline containing sulfuric acid he then inhaled.
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January 05, 2026
Calif. Tribe Sues IHS Over Opioid Center Compact Denial
A California tribe is asking a federal court to order the Indian Health Service to approve a proposed agreement for an opioid treatment center, arguing that the funding is desperately needed after multiple tragedies due to drug addiction in and outside its reservation.
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January 05, 2026
Thesis Supplements Illegally Sold As ADHD Drugs, Suit Says
A Louisiana woman is suing the owner of Thesis Nootropics in New York federal court, alleging that the company's line of supplements is illegally marketed as an alternative to Adderall and other medications despite lacking federal approval.
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January 02, 2026
Product Liability Cases To Watch In 2026
Trials in the massive litigation against social media giants like Facebook are set to start in the New Year, as litigants battle over whether the companies should be held responsible for allegedly designing their platforms to addict youth, causing a bevy of mental health harms, and cases against popular weight loss drugs like Ozempic continue to mount. Here's what else product liability attorneys will be watching in 2026.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
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.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
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.
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Series
Law School's Missed Lessons: Communicating With Clients
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.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
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.
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Justices' NRC Ruling Raises New Regulatory Questions
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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
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.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
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.
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3 Juror Psychology Principles For Expert Witness Testimony
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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In NRC Ruling, Justices Affirm Hearing Process Still Matters
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.
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Series
Performing As A Clown Makes Me A Better Lawyer
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.
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Focusing On Fluoride: From FDA To Class Action
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.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
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.
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Speech Protection Questions In AI Case Raise Liability Risk
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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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.