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Product Liability
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Walgreens Tossed From L'Oreal Hair Relaxer Cancer MDL
An Illinois federal judge has thrown out the lone complaint naming Walgreen Co. as a defendant in multidistrict litigation against L'Oréal USA Inc. alleging that it made, and that retailers sold, hair relaxer products that could cause cancer.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 20, 2025
High Court Urged To Rein In FDA Oversight Of Stem Cells
The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.
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June 20, 2025
Boeing Nears Dismissal From Calif. Door Blowout Lawsuit
A California federal judge indicated Friday that he's leaning toward dismissing Boeing from a lawsuit over the midair blowout of a door plug on an Alaska Airlines flight in January 2024, saying Boeing's ties to California are not strong enough for his court to exercise jurisdiction.
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June 20, 2025
Texas High Court Finds Pilots Union's Can Sue Over 737 Max
The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.
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June 20, 2025
NJ Court Upholds Some Claims In Athlete's Cannabis Suit
New Jersey marijuana retailers can't shake a lawsuit by a champion collegiate athlete who claims their products caused him to develop cannabis-induced psychosis resulting in a suicide attempt, a state judge has ruled, saying the plaintiff's defective design and failure to warn claims are valid.
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June 20, 2025
9th Circ. Says NY Claims Against Hyundai Raise 'Novel' Issue
A split panel of the Ninth Circuit Friday refused to toss negligence claims from cities in Ohio and Wisconsin in consolidated litigation alleging Hyundai and Kia, of which Hyundai is a major shareholder, sold vehicles with design flaws that enabled car thefts nationwide, but said negligence claims under New York law "raise a novel issue" of state law.
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June 20, 2025
DEA Judge Backs Federal Ban On 2 Research Chemicals
A U.S. Drug Enforcement Administration judge determined Friday that two unrestricted psychoactive research chemicals belong in Schedule I, the most stringent tier of prohibited substances under the federal Controlled Substances Act.
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June 20, 2025
Atty Interaction Prompts Recusal In Google AI Suicide Suit
A Florida federal judge and former Gunster shareholder has recused himself from a suit accusing Character.AI and Google of causing the suicide of a teen who was addicted to an artificial intelligence chatbot, after a Munger Tolles & Olson LLP attorney said he discussed the case with the then-attorney last year.
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June 20, 2025
737 Max Families Push For Special Prosecutor In Boeing Case
Families of victims of the 737 Max 8 crashes have asked a Texas federal judge to appoint a special prosecutor in Boeing's criminal conspiracy case, saying the U.S. Department of Justice's latest nonprosecution agreement with the American aerospace giant sets a dangerous precedent for corporate defendants to evade accountability.
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June 20, 2025
Mich. Says Feds Can't Block AG's Climate Tort Suit
The Trump administration's lawsuit to block Michigan from suing fossil fuel companies for climate harms is based on guesswork about a hypothetical lawsuit and should be dismissed, Michigan argued Friday.
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June 20, 2025
2nd Purdue Plan Heading For Creditor Vote, Nov. Hearing
A New York bankruptcy judge Friday set OxyContin maker Purdue Pharma's second try at a bankruptcy plan on course for a November confirmation hearing, clearing the plan disclosure statement to be sent out for a creditor vote.
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June 20, 2025
9th Circ. Finds Calif. One-Gun-A-Month Law Unconstitutional
The Ninth Circuit on Friday struck down California's so-called one-gun-a-month law, finding that it violates the Second Amendment by categorically preventing state residents from buying more than one firearm every 30 days.
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June 20, 2025
Attys Face Sanctions For 'Sweeping' Copying Of Firm's Motion
A California federal judge has ordered The Neil Jones Food Co.'s defense counsel to explain why she shouldn't sanction them for filing a dismissal motion that appears to plagiarize a losing motion filed by another firm in another case in the district, slamming the "sweeping copy and paste" conduct as "patently unacceptable."
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June 20, 2025
Microplastics Focus May Force Change In Biz Practices
The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.
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June 20, 2025
CrowdStrike Escapes Flyers' IT Outage Class Action
A Texas federal judge dismissed a proposed class action Wednesday against cybersecurity firm CrowdStrike Inc. from airline customers whose flights were delayed or canceled due to the catastrophic July 2024 global IT outage, finding the collection of state law claims are preempted by the federal Airline Deregulation Act.
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June 20, 2025
NJ Court Greenlights Beasley Allen Attys In Talc Litigation
A New Jersey state judge will allow two Beasley Allen Law Firm attorneys to represent a California couple in their suit accusing Johnson & Johnson of selling carcinogenic talc-based baby powder and appear pro hac vice despite the company's vehement opposition.
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June 20, 2025
Sig Sauer Aims To Take Down Conn. Atty's Defamation Suit
Sig Sauer Inc. is asking a Connecticut federal judge to throw out an attorney's suit claiming it defamed him in a March press release as a "grifter" for his legal actions and litigation against the gunmaker.
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June 20, 2025
Textron Says NC Biz Certificate Doesn't Signal Jurisdiction
Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.
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June 20, 2025
Nose Spray Co. Sues FTC Over Substantiation Requirement
Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.
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June 20, 2025
Psychedelic Therapy Reform Gets Boost From Conservatives
Former Texas Gov. Rick Perry told attendees at a psychedelics conference this week that he was committed to loosening federal restrictions on a prohibited psychoactive substance that has shown promise in treating mental health conditions like opioid addiction.
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June 20, 2025
Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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June 20, 2025
Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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June 18, 2025
FDA Says Vape Co.'s Suit Doesn't Merit Jury Trial
The U.S. Food and Drug Administration told a Texas federal court a company that allegedly sold illegal vapes does not have the right to a jury trial, saying that Congress expressly created administrative proceedings for infractions such as the one the company allegedly committed.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.