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Product Liability
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March 30, 2026
Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment
Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he was a child, a Maryland federal judge has ruled.
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March 30, 2026
Product Liability Q1 Regulatory Roundup
In the first three months of 2026, executive orders and other regulatory actions by the Trump administration have taken on products with "Made in America" labeling, called for the increased manufacture of the herbicide ingredient glyphosate, and addressed what e-cigarette flavors could receive the U.S. Food and Drug Administration's approval, among others.
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March 30, 2026
Kimberly-Clark Slips Conn. Town's 'Speculative' PFAS Claims
A proposed class action claiming Kimberly-Clark Corp. polluted a Connecticut town's water and soil with toxic "forever chemicals" failed to allege plausible facts tying the contamination or any injuries to the paper goods maker, relying instead on assumptions and guesswork, a federal judge has ruled in dismissing the case.
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March 30, 2026
Nearby Polluters Must Face Gowanus Canal Cleanup Suit
A New York federal judge on Sunday declined to dismiss a lawsuit brought by National Grid seeking to force 40 other parties accused of polluting Brooklyn's Gowanus Canal to pay their share of the Superfund cleanup costs.
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March 30, 2026
Expedia Looks To Escape Suit Over Carbon Monoxide Deaths
Expedia has sought to escape a suit over the carbon monoxide poisoning deaths of three young women at a Belize resort allegedly due to a poorly installed water heater, telling a Massachusetts federal court it had no duty to warn customers about potential dangers at the hotels listed on its website.
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March 30, 2026
BNSF Says 9th Circ. Opinion Nixes Montana Asbestos Case
BNSF Railway Co. asked a Montana federal court Monday to throw out a lawsuit alleging it let dust from asbestos-containing vermiculite accumulate at its rail yard in Libby, Montana, arguing that a recent Ninth Circuit case showed the claims are preempted by federal law and blocked by the common carrier exception.
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March 30, 2026
Judge Tosses ESA Challenge Against Nevada Lithium Mine
A Nevada federal judge says the federal government didn't violate the Endangered Species Act in approving a more than 7,100-acre lithium mining project that conservation groups argue will drive a rare wildflower into extinction, finding the decision was not arbitrary or capricious under recent Supreme Court precedent.
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March 30, 2026
Bai Beverage Maker Quenches False Ad Suit Over Sweetener
Bai Brands permanently defeated a putative class action alleging it deceived consumers into thinking its beverages contained "no artificial sweeteners" despite being sweetened with erythritol, after a New York federal judge found no evidence of how reasonable consumers would define "artificial."
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March 30, 2026
GE Fails To Nix Suit Over Stove Fire From Alleged Defect
A Pennsylvania federal judge has rejected GE Appliances' request to toss most of a suit alleging that one of its stove ranges was defectively designed and led to a fire when it was accidentally turned on, finding that a jury could reasonably agree with the plaintiff's experts' assessment of events.
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March 30, 2026
Kratom Addictiveness 9th Circ. Appeal Dropped
A group of consumers told the Ninth Circuit on Friday that they were dropping the appeal of a dismissal of their suit over kratom products that they said were as addictive as opioids.
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March 27, 2026
Tech Critics See Hope In Social Media Verdicts
The courts are emerging as the forum to hold social media giants accountable for their algorithms now that two multimillion-dollar jury verdicts determined the platforms are harming the mental health of young people, after years of being unchecked by Congress.
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March 27, 2026
Elizabeth Holmes Gets 11-Year Prison Sentence Cut By A Year
A California federal judge has shaved off a year from convicted ex-Theranos CEO Elizabeth Holmes' 11-year-and-three-month prison sentence for securities fraud due to recent sentencing guideline amendments, reducing her time behind bars by one year, instead of the two years she requested, amid objections by prosecutors.
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March 27, 2026
Segway Scooter Recall Claims Must Be Arbitrated, Judge Rules
Segway successfully pushed into arbitration claims that it built an electric scooter with a dangerous defect that caused the handlebars to collapse mid-ride, after a Pennsylvania federal judge ruled the buyer failed to opt out of a "shrinkwrap" agreement on the scooters' packaging.
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March 27, 2026
Honda System Not 'Perfect,' But Also Not Defective, Jury Told
Honda's collision avoidance system, while not "perfect," should not be considered defective under industry standards, an attorney for the automaker's U.S. arm told a California federal court jury Friday during closing arguments in a class action over claims by 100,000-plus drivers that the system caused dangerously abrupt stops.
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March 27, 2026
Uber Crash Liability Case Review Denied By Texas High Court
The Texas Supreme Court on Friday declined to review a case brought by passengers injured in a car crash during a trip arranged through Uber Technologies Inc.'s app, leaving intact a lower court ruling rejecting their liability claims and finding that the company's drivers are independent contractors under state law.
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March 27, 2026
Uber Again Says It's A Tech Co., Not A Transportation Provider
Uber is once again fighting efforts to frame it as a transportation provider that owes a duty of safety to passengers, telling the California federal court overseeing multidistrict litigation over sexual assault liability that it only operates a technology platform.
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March 27, 2026
Delaware Judge Lets Juul Suits Proceed, Trims Claims
Delaware Superior Court has largely allowed a set of lawsuits against Juul Labs Inc. to move forward, rejecting the company's bid to dismiss claims brought by more than a thousand plaintiffs who say they were misled about the risks of its e-cigarettes.
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March 27, 2026
Eli Lilly Keeps Most Of Weight Loss Drug Copy Suit Alive
A California federal judge has refused to throw out a lawsuit accusing a pair of telehealth companies of making copies of Eli Lilly's obesity and type 2 diabetes drugs but agreed to trim the case.
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March 27, 2026
Audi Door Lock Defect Trapped Infant In Back Seat, Suit Says
Electronic door-locking systems in dozens of Audi models intermittently fail to lock or unlock, according to a proposed class action in California federal court, in which a driver alleged the defect once left his infant son trapped in the back seat of his car.
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March 27, 2026
Texas Justices Order New Trial In Crane Breakage Suit
The Texas Supreme Court on Friday ordered a new trial in a suit alleging a contractor failed to properly repair a crane, saying the trial court abused its discretion by denying the contractor's bid to substitute an expert when its original choice left the state and refused to testify shortly before trial.
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March 27, 2026
6th Circ. Won't Revive Ky. Bourbon-Makers' Fight Over A 'First'
A Kentucky distillery that claims to be the first African American-owned company to make bourbon at its own facility in the Bluegrass State can't revive its false advertising lawsuit against another distiller claiming the same distinction, the Sixth Circuit ruled in a Thursday published opinion.
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March 27, 2026
Gun Buyer Says Trigger Guard Doesn't Nix No-Safety Suit
A gun buyer leading a proposed class action alleging that Sig Sauer Inc.'s P320 pistol is dangerously defective is urging a Washington federal court not to throw out his claims, saying the presence of a trigger guard doesn't negate the complaint's claim that the gun lacks external safety features.
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March 27, 2026
Amazon Swaps MoFo In, Perkins Coie Out In Cooker Suit
Amazon.com LLP switched counsel Friday in a customer's product defect suit accusing the retail giant of selling a faulty pressure cooker that allegedly malfunctioned and caused her severe burns, substituting two Morrison Foerster LLP attorneys in place of an outgoing Perkins Coie LLP lawyer.
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March 27, 2026
Insurer Rips Sanctions Bid In Opioid Coverage Dispute
An insurer asked an Illinois federal court to reject a drug wholesaler's bid for sanctions in a dispute over coverage for underlying opioid litigation, saying the accusations that it intentionally destroyed pertinent evidence are, "at best, based on half-truths and misstatements of fact."
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March 27, 2026
NJ Federal Judge DQs Beasley Allen In J&J Talc MDL
A New Jersey federal judge has disqualified the Beasley Allen Law Firm from representing hundreds of plaintiffs in sprawling multidistrict litigation over Johnson & Johnson's talc-based baby powder, holding that the firm violated ethics rules by collaborating with former outside counsel for J&J, a ruling the law firm has vowed to appeal.
Expert Analysis
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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FDA's 2025 Enforcement Scorecard Highlights Data Focus
The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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5 Advertising Law Trends That Will Shape 2026
The legal landscape for advertisers will grow only more complex this year, with ongoing trends including a federal regulatory retreat, more aggressive action by the states, a focus on child privacy and expanded scrutiny of "natural" claims, say attorneys at Reed Smith.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.