Product Liability

  • July 10, 2025

    Pa. Sens. Unveil Bipartisan Plan To Legalize Marijuana

    Pennsylvania lawmakers on Thursday unveiled a new bipartisan legislative proposal to legalize and regulate the sale of recreational marijuana in the Keystone State, after a previous proposal to legalize the sale of pot through state-run stores failed in the state Senate.

  • July 10, 2025

    Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption

    Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.

  • July 10, 2025

    11th Circ. Revives Case Over $3.1M Glassware Verdict Debt

    The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.

  • July 10, 2025

    DuPont Reaches $27M Settlement In NY PFAS Case

    The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

  • July 10, 2025

    Texas Cop's Estate Can't Redo Trial Over Accidental Evidence

    A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.

  • July 10, 2025

    Trump Says 50% Copper Tariff Will Begin Aug. 1

    President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.

  • July 10, 2025

    Bettors Fight To Keep Suit Over DraftKings Promos Afloat

    DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.

  • July 09, 2025

    Uber Gets Some Driver Sex Assault Bellwether Claims Tossed

    The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.

  • July 09, 2025

    Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers

    A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.

  • July 09, 2025

    Senate Confirms Airline Executive To Lead FAA

    The U.S. Senate Wednesday largely voted along party lines to confirm President Donald Trump's nominee to lead the Federal Aviation Administration.

  • 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.

Expert Analysis

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Complying With Seasonal Product Labeling Requirements

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    Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

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