Product Liability

  • July 09, 2025

    Boeing Wants 787 Contract Claims Split From 737 Fraud Suit

    Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.

  • July 09, 2025

    2nd Circ. Backs Convictions For $150M 'Psychic' Fraud

    The Second Circuit upheld Wednesday a Canadian man's 10-year prison sentence and fraud convictions stemming from a decades-long $150 million direct mailing psychic scheme that defrauded elderly victims, ruling there was sufficient evidence he intended to harm his customers who received something different from what was advertised. 

  • July 09, 2025

    Costco Says Insurer Owes Defense In Heavy Box Injury Suit

    A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.

  • July 09, 2025

    EPA Sued Over Oil Refineries' Hydrogen Fluoride Use

    A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.

  • July 09, 2025

    J&J Seeks To Toss 'Nowhere Close' Band-Aid PFAS Suit In NJ

    Johnson & Johnson and Kenvue Inc. are urging a New Jersey federal court to toss a proposed class action alleging that the companies have not disclosed to the public that PFAS "forever chemicals" are present in unsafe amounts in Band-Aid brand adhesive bandages, arguing that the plaintiffs come "nowhere close" to stating a plausible claim.

  • July 09, 2025

    Red States Want In On Youths' Suit Over Trump Energy Orders

    A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.

  • July 09, 2025

    ABA Says Unlawful Discriminatory Jury Selection Breaks Rule

    Lawyers may not knowingly engage in unlawful juror discrimination under the cover of "legitimate advocacy," the American Bar Association Standing Committee on Ethics and Professional Responsibility said in a formal opinion released Wednesday, finding that doing so violates prospective jurors' equal protection rights.

  • July 09, 2025

    3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.

    Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.

  • July 09, 2025

    Calif. Atty Drops Out Of Class Action Against Avvo Inc.

    One of two attorneys leveling a class action against online legal service provider Avvo Inc. over allegations it misappropriated the identities of more than 1 million attorneys to promote its legal marketing tools and referral services has moved to drop her claims.

  • July 09, 2025

    Mass. Cos. Must Keep Bottled Water Flowing In PFAS Case

    A Massachusetts federal judge has ordered defendant companies to keep providing bottled water to residents of Westminster, Massachusetts, maintaining the status quo while the court determines whether those companies have made the residents' tap water sufficiently safe from so-called forever chemicals.

  • July 09, 2025

    Hecker Fink Welcomes Longtime Cravath Trial Lawyer In NY

    Hecker Fink LLP announced Wednesday that a longtime Cravath Swaine & Moore LLP attorney known for her work on high-stakes commercial litigation has joined its New York office.

  • July 09, 2025

    Ohio Man Gets 5 Years For Trafficking Fake 'US-Made' Armor

    An Ohio federal judge sentenced a 70-year-old man to five years in prison and $5.2 million in restitution for smuggling in Chinese body armor and selling it as domestically made, certified products to American law enforcement agencies.

  • July 08, 2025

    Grocer's Octopus In Olive Oil Also Comes With Lead, Suit Says

    Natural grocery store chain Lazy Acres has been selling a tinned "octopus in olive oil" product that also contains lead in violation of California's Proposition 65, according to a suit lodged in Los Angeles County Superior Court on Tuesday.

  • July 08, 2025

    FTC Warns Amazon, Walmart On False 'Made In USA' Labeling

    The Federal Trade Commission announced Tuesday that it has informed Amazon and Walmart that third-party sellers on their online marketplaces might be falsely labeling products "Made in USA" and asked the companies to watch for and take corrective action against sellers who make such false claims.

  • July 08, 2025

    Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit

    Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.

  • July 08, 2025

    Product Liability Cases To Watch In 2nd Half Of 2025

    The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.

  • July 08, 2025

    Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told

    A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor. 

  • July 08, 2025

    Judge Tosses Pot Convict's Gun Rights Case

    A Maine federal judge on Tuesday dismissed a suit from a man convicted of trafficking cannabis who alleged that his Second Amendment rights were being violated, finding that policies barring felons from gun ownership have been consistent with the country's history.

  • July 08, 2025

    Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing

    The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.

  • July 08, 2025

    Environmental Regulations To Watch In 2025: Midyear Report

    The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.

  • July 08, 2025

    DEA Tells DC Circ. To Toss Ayahuasca Church's Petition

    Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.

  • July 08, 2025

    Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death

    A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.

  • July 08, 2025

    Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.

  • July 08, 2025

    Cooley Boosts DC Office With Top CPSC Trial Atty

    A four-year veteran of the U.S. Consumer Product Safety Commission has joined Cooley LLP as a special counsel, where she'll work with the firm's global product compliance and East Coast business litigation group in Washington, D.C., the firm announced Tuesday.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

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