Product Liability

  • August 05, 2025

    Lead Kicked From Pharma Investor Case Over Rogue Emails

    The lead plaintiff in a securities class action against Spectrum Pharmaceuticals in Manhattan federal court was removed from the case Tuesday when a federal judge found he broke confidentiality rules by going behind his lawyers' backs in an attempt to push his own settlement plan and fixating on unrelated conspiracy theories.

  • August 05, 2025

    Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders

    A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.

  • August 05, 2025

    Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks

    A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.

  • August 05, 2025

    Calif. City Sanctioned Over Missing Reports In Dow, PPG Case

    A San Francisco Superior Court judge found that a California city that's pursued decades-long litigation against Dow Chemical and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites "committed egregious discovery violations" by destroying and concealing 1991 reports related to the chemicals leaking into the city's groundwater.

  • August 05, 2025

    Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church

    A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.

  • August 05, 2025

    Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal

    A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.

  • August 05, 2025

    Tesla Hit With Suit Over Autonomous Vehicle Issues

    A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.

  • August 05, 2025

    Alaska Airlines Can't Nix Flight Attendant's Surgery Win

    A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.

  • August 04, 2025

    Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees

    The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.

  • August 04, 2025

    FCA Juror's Possible Conflict Can't Justify Retrial, Judge Says

    A class action trial against Fiat Chrysler in 2023 was not tainted by a juror whose employer was negotiating a deal with the automaker's parent company Stellantis NV, a Massachusetts federal judge ruled Friday, rejecting a bid by a class of drivers who sued over allegedly defective headrests.

  • August 04, 2025

    MOVEit Data Breach MDL Advances With Slimmed Frame

    A Massachusetts federal judge has pared down but declined to toss sprawling multidistrict litigation over a data breach tied to Progress Software's MOVEIt file transfer tool, with negligence and several other claims allowed to proceed against the software vendor and four bellwether groups of companies that used the tool.

  • August 04, 2025

    Fiat Chrysler, Drivers Seek OK Of Truck Defect Settlement

    A group of Dodge Ram drivers has asked a federal judge to preliminarily approve a class settlement resolving claims that Fiat Chrysler sold trucks with a defect that causes vehicle fires.

  • August 04, 2025

    Italian Pipe Co. Can't Upend Tex-Isle's $2.2M Arb. Award

    A New York federal judge will not disturb a $2.2 million arbitration award in favor of Tex-Isle Supply Inc. against an Italian pipe maker over alleged defects, saying the Italian company's disagreement with the arbitrator's findings is not grounds to vacate the award.

  • August 04, 2025

    Imperial Tobacco Seeks US Approval Of CA$32B Restructuring

    Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.

  • August 04, 2025

    Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5M

    Olaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering.

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    Logan Paul Energy Drink Co.'s False Ad Suit Tossed For Good

    A New York federal judge has thrown out a consolidated suit alleging Logan Paul's Prime Hydration LLC misleads consumers by selling energy drinks with more caffeine than advertised, saying a "smidgen" more caffeine is not material to the kind of buyer who is already buying a drink with twice the caffeine of its competitors.

  • August 04, 2025

    Chemical Group Says Fluoride Judge Got It Wrong

    The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.

  • August 04, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 

  • August 04, 2025

    Judge Sends Asbestos Coverage Row Back To State Court

    A Michigan federal judge on Monday remanded to state court a dispute over the allocation of commercial general liability coverage for nationwide asbestos injury suits, reasoning from the bench that defendants who are served after a case is removed to federal court should have the right to challenge that forum change.

  • August 04, 2025

    Boeing Settles Defunct African Airline's 737 Max Fraud Suit

    Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."

  • August 04, 2025

    4th Circ. Says Lead Paint Suit Rightly Returned To State Court

    The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.

  • August 04, 2025

    7th Circ. Won't Put Chicago Climate Change Suit On Hold

    The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 01, 2025

    9th Circ. Partially Revives Child Porn Victims' Suit Against X

    The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.

Expert Analysis

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    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.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    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.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    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.

  • Tracking Changes To AI Evidence Under Federal Rules

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    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.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    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.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    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.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    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.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Trump Policies Are Affecting The Right To Repair

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    Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

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    In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • And Now A Word From The Panel: MDL Hubs

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    The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

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