Product Liability

  • June 11, 2025

    Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities

    President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.

  • June 11, 2025

    Wash. Panel Grills Worker Family On $5M Asbestos Win Basis

    A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.

  • June 11, 2025

    9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal

    A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."

  • June 11, 2025

    American Airlines Workers Win $18.7M Toxic Uniform Award

    A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    Paddle Maker Wants Counterclaims Tossed In Contract Row

    Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.

  • June 11, 2025

    Insurer Says Law Firm Mishandled Pesticide Exposure Suit

    An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit above policy limits due to the firm's negligence and malpractice.

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 11, 2025

    Gun Groups Sue NJ, Bondi Over Handgun Age Restriction

    A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.

  • June 10, 2025

    Stewart's Newest Discretionary Denial Has Attys On Edge

    The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.

  • June 10, 2025

    Amazon Can't Duck Suit Over Non-FDA Approved Supplements

    Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.

  • June 10, 2025

    Feds Aim To Trim Ga. Suit Over Air Force Wall Collapse Death

    The U.S. government has urged a Georgia federal judge to dismiss negligent inspection and maintenance claims by the parents of a teen killed when a partition wall at Robins Air Force Base collapsed, arguing they are barred under the Federal Tort Claims Act.

  • June 10, 2025

    Samsung, Home Depot Liable For Home Fire, Insurer Says

    Samsung and Home Depot owe an insurer more than $330,000 for payments made to a policyholder for fire damage, the insurer said in a suit removed to Pennsylvania federal court, alleging that an electric range manufactured by Samsung and sold by Home Depot caused the blaze.

  • June 10, 2025

    Jury Awards $28M In Latest PacifiCorp Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.

  • June 10, 2025

    Mazda Driver Says Emissions Claims Distinct From Calif. Case

    A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.

  • June 10, 2025

    Deere & Co. Must Face FTC Suit Over Repair Restrictions

    An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.

  • June 10, 2025

    Apple Faces Class Cert. Bid Over AirTag Stalking Risks

    Victims stalked by abusers of Apple's AirTag asked a California federal judge to certify their proposed class action, arguing their negligence and product liability claims can be adjudicated in one fell-swoop since they rest on the same question of whether the tag's design unreasonably put them at risk of harm.

  • June 10, 2025

    Insurer Exposed Drivers' Personal Information, Court Told

    An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.

  • June 10, 2025

    Mo. Verdict Winner Urges Justices To Deny Roundup Appeal

    A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.

  • June 10, 2025

    3rd Circ. Upholds NFL Case Findings On Censured Atty

    The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.

  • June 10, 2025

    Ayahuasca Church Brings Religious Use Case To DC Circ.

    An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.

  • June 10, 2025

    Crane Owner Seeks To Shift Blame In Fatal Fla. Collapse

    A Florida judge on Tuesday allowed Maxim Crane Works to try to shift blame to a fellow contractor facing a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people.

  • June 10, 2025

    BMW Says Water Pump Fire Risk Recall Suit Shows No Injury

    BMW North America LLC asked a North Carolina federal judge to throw out a proposed class action brought by a driver in the Charlotte metropolitan area after the company recalled cars with a water pump fault, arguing the man has not suffered any damages and cannot state a claim.

  • June 10, 2025

    Class Decertified In Hill's Prescription Pet Food Suit

    An Illinois federal judge has decertified a class of pet food buyers alleging that Hill's Pet Nutrition Inc. misled them into thinking its "prescription" pet food was necessary medicine, saying a recent summary judgment renders the plaintiffs' damages model inadequate for certification.

  • June 10, 2025

    Amazon Can't Fully Escape Waist Trainer Skin Rash Suit

    A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.

Expert Analysis

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • As Failure-To-Warn Preemption Wanes, Justices May Weigh In

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    Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

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