Product Liability

  • May 22, 2025

    Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court

    Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.

  • May 22, 2025

    Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute

    A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.

  • May 22, 2025

    Conn. AG Targets 'Bootleg' Weight Loss Drug Sellers

    Connecticut has launched a consumer protection lawsuit in state court against a Florida-based company and its owner, accusing them of peddling untested and unsafe, research-level, "bootleg" GLP-1 weight loss drugs to customers.

  • May 21, 2025

    Ore. Fire Verdict Brings PacifiCorp Damages To $385M

    An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.

  • May 21, 2025

    Google, Character.AI Can't Escape Suit Over Teen's Suicide

    A Florida federal judge on Wednesday greenlit the bulk of claims in a suit accusing Character.AI and Google of causing a 14-year-old's suicide after he became addicted to an artificial intelligence chatbot, saying the AI app can be considered a product for the purposes of a product liability claim.

  • May 21, 2025

    Judge Warns Attys Using AI To 'Advocate — Not Hallucinate'

    A Florida federal judge on Tuesday sanctioned two attorneys in a shipping contract dispute for filing a brief that included a nonexistent case citation added by artificial intelligence, warning lawyers that they must "carefully evaluate, elucidate and advocate — not hallucinate" in their legal briefs.

  • May 21, 2025

    Gold Mine Risks Alaska Preserve And Whales, Tribe Claims

    An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.

  • May 21, 2025

    Handel's Accused Of Hiding Dyes In Its 'Homemade' Ice Cream

    A Handel's customer filed a false advertising proposed class action in California federal court Wednesday alleging the ice cream retailer claims that its frozen treats are "homemade" using the best quality ingredients with a recipe dating back to 1945, while hiding they contain artificial food dyes and propylene glycol. 

  • May 21, 2025

    EPA Chief Defends Trump Plan To Halve Agency Budget

    U.S. Environmental Protection Agency Administrator Lee Zeldin on Wednesday told senators that despite President Donald Trump's proposal to cut the EPA's budget by 55% and an internal reorganization, agency scientists can handle the current workload.

  • May 21, 2025

    SC Justices Affirm Receivership Order In Asbestos Dispute

    The South Carolina Supreme Court on Wednesday unanimously upheld a trial court's decision to appoint a receiver over a Canadian company's insurance assets as part of discovery sanctions in an asbestos injury lawsuit, despite the company's contention it possesses no property in the state.

  • May 21, 2025

    Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal

    A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.

  • May 21, 2025

    CPSC Members Take Trump To Court Over Firings

    The three Democrats on the Consumer Product Safety Commission have followed up on their threat to file suit over President Donald Trump's attempts to fire them, saying that the president is breaking the law and that they have been barred from doing their jobs without cause.

  • May 21, 2025

    Atty, Firm Sanctioned For Losing Info In RICO, Defamation Suits

    An Alabama federal judge granted Drummond Co. Inc.'s request for sanctions over missing emails and other information in litigation accusing Conrad & Scherer LLP and one of its former managing partners of defamation and RICO violations.

  • May 21, 2025

    Solvay Wants Sanctions For 3 Firms Over Confidential Info

    Lawyers at three plaintiffs law firms were hit Wednesday with a bid for sanctions by a polymer company that claims the attorneys used confidential discovery in federal multidistrict litigation in New Jersey to file a new action.

  • May 21, 2025

    NRA Asks Justices To End Fla.'s Age Limit On Gun Sales

    The National Rifle Association is taking its fight against Florida's prohibition on gun sales to anyone under 21 up to the U.S. Supreme Court, telling the justices that a circuit split makes the Eleventh Circuit's March decision upholding the ban ripe for review.

  • May 21, 2025

    Walgreens Ducks False Ad Suit Over Mucus Relief Meds

    An Illinois federal judge on Tuesday dismissed a potential class action accusing Walgreens of misleading customers by selling them over-the-counter mucus relief medicine containing benzene without warning them of that risk, saying the claims are preempted by a federal drug safety law.

  • May 20, 2025

    4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury

    The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.

  • May 20, 2025

    5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play

    Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.

  • May 20, 2025

    Vape Pen Exploded In Conn. Man's Pocket, Suit Says

    A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.

  • May 20, 2025

    TikTok's Bid To Get NY Docs From AG Sunk By New State Law

    A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.

  • May 20, 2025

    China Opposes Canada's Push To Speed Up WTO Food Fight

    China is pushing back against Canada's efforts to expedite its case against Beijing's new agricultural tariffs, according to a World Trade Organization document circulated Tuesday, rejecting claims that the case must be handled urgently simply because it involves food products.

  • May 20, 2025

    Cozen O'Connor's Insurance Team Hires Former Deputy AG

    Veteran insurer-side litigator Frank Toddre II has joined Cozen O'Connor in Las Vegas from Lewis Brisbois Bisgaard & Smith LLP, the business law firm announced, touting his experience as a former senior deputy attorney general in Nevada and a seasoned Ninth Circuit appellate and civil rights attorney.

  • May 20, 2025

    Former Hemp Worker Brings Paraquat Suit Against Syngenta

    A Colorado man formerly employed in the hemp industry alleged in a new federal lawsuit that his exposure to the herbicide paraquat while at work is responsible for his Parkinson's disease.

  • May 19, 2025

    Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say

    Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.

  • May 19, 2025

    Uber Pushes To Move Sex Assault Cases To Related Districts

    Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.

Expert Analysis

  • 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.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

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