Product Liability

  • July 24, 2025

    Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash

    A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.

  • July 24, 2025

    Eli Lilly's Trademark Suit Not 'Abuse Of Process'

    A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.

  • July 24, 2025

    NC Urges 4th Circ. Not To Block Vape Regs During Appeal

    North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.

  • July 23, 2025

    Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial

    A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.

  • July 23, 2025

    FTC Wants PE Firm's Medical Device Coating Deal Put On Ice

    Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.

  • July 23, 2025

    Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.

    A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.

  • July 23, 2025

    Cosmetics Giants Accused Of Selling Cancer-Causing Product

    Major cosmetic companies including Estée Lauder, Edgewell, Shiseido, Unilever and Harry's have been hit with Proposition 65 lawsuits in California state court accusing them of failing to put warning labels on products containing a chemical that state health officials say causes cancer.

  • July 23, 2025

    North Carolina AG Defends Power To Pursue PFAS Suit

    North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.

  • July 23, 2025

    Tort Report: Panera Settles Last Of 'Charged Lemonade' Suits

    The final resolution of a handful of injury suits over Panera Bread's caffeinated lemonade drink and the U.S. Supreme Court's rejection of a medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • July 23, 2025

    No New General Causation Opinions In Camp Lejeune Case

    A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.

  • July 23, 2025

    High Court Lets Trump Fire CPSC Members, For Now

    The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims

    The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.

  • July 23, 2025

    Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says

    A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.

  • July 23, 2025

    8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction

    The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.

  • July 23, 2025

    Co., Lenders Hit With Suit Over Medical Spa Financing Scam

    A medical device manufacturer and several financing companies worked together to manipulate boutique clinics and medical spas into purchasing expensive cosmetic devices based on inflated revenue projections and false promises of marketing support, according to a proposed class action filed Monday in California federal court.

  • July 23, 2025

    Thompson Hine Adds Venable Product Liability Atty In LA

    Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.

  • July 22, 2025

    FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict

    Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.

  • July 22, 2025

    Justices Urged To Hear Ill. Freight Broker Negligence Fight

    A man who was injured in an Illinois trucking accident urged the U.S. Supreme Court on Tuesday to address conflicting court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims, saying broker and logistics giant C.H. Robinson cannot evade liability.

  • July 22, 2025

    After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

    A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.

  • July 22, 2025

    Gov'ts, Tribes Look To Settle Idaho Mining Pollution Suit

    The U.S. government, Idaho and a tribal nation are asking a federal judge to approve an unopposed settlement with a phosphate ore mining company over its alleged dumping of hazardous substances within a national forest.

  • July 22, 2025

    States, Asbestos Claimants Seek Claim Purge Block In Del.

    An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.

  • July 22, 2025

    DC Circ. Won't Revive Cocoa Farm Child Slave Labor Suit

    The D.C. Circuit on Tuesday declined to revive a proposed class suit by former child laborers against Hershey, Nestlé and five other companies alleging they were forced into child labor to pick cocoa later used by the companies, saying the plaintiffs failed to link the companies to the specific farms they worked on.

  • July 22, 2025

    Ex-Boeing Engineer's Racial Bias Appeal Divides Wash. Panel

    A Washington state appellate judge appeared doubtful on Tuesday of an ex-Boeing engineer's claims that he was targeted for his Middle Eastern background, citing an internal probe purportedly justifying his firing, while another panelist suggested that the company is missing "linchpin" evidence to preserve its trial court win in the case.

  • July 22, 2025

    Lathrop GPM Adds Partner To Chicago Office

    Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.

Expert Analysis

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • 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.

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