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Product Liability
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February 26, 2026
Toyota Nears OK On $436M Class Deal Over Forklift Emissions
A California federal judge indicated Thursday she'll give preliminary approval to Toyota Industries Corp.'s $436 million class action settlement to resolve claims the auto giant and its subsidiaries misled tens of thousands of business buyers into thinking the emissions of its forklift and construction engines were "the cleanest" in the industry.
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February 26, 2026
Texas AG, Samsung Ink Deal To End TV Data Collection Suit
Samsung agreed to strengthen its data privacy disclosures in order to resolve a lawsuit being pressed by the Texas attorney general, who accused the company of "secretly" monitoring what smart TV consumers watch and unlawfully collecting their data without permission, the parties revealed Thursday.
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February 26, 2026
Couple Drop Frozen Mango Listeria Suit Against Kroger
A man who claims he contracted a listeria infection from a frozen mango product he bought at Kroger has agreed to drop his lawsuit against the grocery giant and food producers, according to a joint notice filed on Wednesday.
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February 26, 2026
Tilray Says Hemp Protein Powder Label Suit Falls Flat
Cannabis and hemp product maker Tilray Brands Inc. is urging a California federal court to throw out a proposed class action alleging that it misleads consumers on the amount of protein its "Just Hemp" powder contains, saying the suit is preempted by federal regulations.
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February 26, 2026
PacifiCorp Hit With $305M Verdict For Oregon Fire
Multnomah County jurors have awarded a $305 million verdict to 16 people who sued electric power company PacifiCorp for damages stemming from a Santiam Canyon fire in Oregon.
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February 26, 2026
Judge Scolds 'Impenetrable' TikTok In NY AG's Addiction Suit
A New York state judge Thursday chided TikTok's attorneys for failing to search for financial and corporate records in the state's social media child addiction lawsuit, appearing poised to force TikTok companies to hand over more business data to calculate potential damages or disgorgement.
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February 26, 2026
TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal
Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
Product Liability Group Of The Year: Covington
Covington & Burling LLP helped Proctor & Gamble prevail in cold medicine multidistrict litigation and won a high-stakes baby formula trial for Mead Johnson in a plaintiff-friendly venue, earning it a spot among the 2025 Law360 Product Liability Groups of the Year.
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February 25, 2026
Lawsuit Over Recalled Lowe's Batteries Tossed, For Now
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC have, for now, beaten a proposed class action accusing them of selling lithium-ion batteries that caught fire, after an Illinois federal judge ruled that the buyer failed to point to any particular "promise regarding safety."
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
NJ Judge Trims J&J And Neutrogena Benzene Suit
A New Jersey federal judge has slashed state and common law claims in a multistate proposed class action alleging that acne cream produced by Johnson & Johnson Consumer Inc. and Kenvue Inc. contained a cancer-causing chemical without warning labels, saying the buyers' claims missed "a step" and were "circular."
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February 25, 2026
BP Says Wash. 'Odors' Suit Smells No Better 2nd Time Around
BP Products North America Inc. again urged a Seattle federal judge to reject a putative class action over fumes from the petroleum company's Cherry Point Refinery in Blaine, Washington, arguing the two named plaintiffs are poor representatives of the proposed class.
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February 25, 2026
Fungi-Nail Co. Says False Advertising Class Action Must Fail
Arcadia Consumer Healthcare Inc. on Tuesday urged a North Carolina federal judge to toss once and for all a proposed class action alleging that its Fungi-Nail product is falsely marketed as a treatment for nail fungus, saying that the plaintiff has tried and failed several times to point to specific statements that it treats the infection.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Mass. Town Targets Georgia-Pacific, Honeywell In PFAS Suit
A Massachusetts town has sued several industrial paper manufacturers in federal court, seeking to force the companies to pay for removal of forever chemicals that have contaminated the local water supply.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
Product Liability Group Of The Year: Jones Day
Jones Day last year successfully defended the entire U.S.-based firearm manufacturing industry in a $10 billion complaint filed by the government of Mexico that eventually made its way to the U.S. Supreme Court, one of several wins that earned the firm a place on the 2025 Law360 Product Liability Groups of the Year.
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February 24, 2026
YouTube-Watching Plaintiff Saw 17K Ads In 1 Year, Jury Hears
A YouTube executive testifying in a California bellwether trial over allegations the platform and Instagram harm children confirmed Tuesday that the company's data found the plaintiff viewed over 17,000 advertisements in one year, with her lawyer suggesting the number reflects that she spent an extraordinary amount of time on the platform.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Tesla Says Calif. DMV 'Baselessly' Called It A False Advertiser
Tesla asked a Los Angeles County Superior Court to vacate a California Department of Motor Vehicles order that it said "wrongfully and baselessly" labels the automaker a false advertiser for marketing its vehicles' "autopilot" function, calling the order "deeply flawed."
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February 24, 2026
Miller Lite Glass Injury Jury Will Hear That Bottle Was Emptied
A federal judge ruled Tuesday that jurors set to weigh injury claims by a Miller Lite drinker who swallowed glass will be told that he altered evidence out of the beer giant's presence.
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February 24, 2026
Meta Encrypted Messages At Expense Of Safety, Jury Hears
Meta made it harder to take action on conversations between predators and teens by instituting higher message encryption over the objections of the nation's child exploitation coordinating body, an executive of that group testified Tuesday in the New Mexico attorney general's mental health trial against the social media giant.
Expert Analysis
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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Tick, Tock: Maximizing The Clock, Regardless Of Trial Length
Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.
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Strategies For Effective Class Action Email Notice Campaigns
Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.
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Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.
When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Opinion
Justices' Monsanto Decision May Fix A Preemption Mistake
In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.
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What Rescheduling Means For Cannabis Labels, Marketing
The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.
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NC Ruling Shows Mallory's Evolving Effects For Policyholders
A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Texas AG Wields Consumer Protection Law Against Tech Cos.
Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.
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When Bankruptcy Collides With Product Recalls
The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.
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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.