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Product Liability
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December 19, 2025
GM Says Brake Defect Suit Fails Because Cars Were Repaired
General Motors asked a Pennsylvania federal judge to dismiss a putative class action accusing the automaker of selling vehicles with defective brake systems, arguing because the plaintiffs had their vehicles repaired by the carmaker's dealers, no harm was done.
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December 19, 2025
Amazon Settles Customer's Heating Pad Burns Claims
Amazon has reached a deal ending a lawsuit seeking to hold it liable for second-degree burns and an infection a woman suffered after using a heating pad she purchased on the platform, sold to her by a third party.
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December 19, 2025
Ill. Judge Trims Claims Over Mondelez Cocoa Sourcing Label
A California consumer can pursue claims that Mondelez International illegally led customers to believe that the snack giant sources its cocoa ethically, but only for Oreo and Toblerone products, an Illinois federal judge ruled.
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December 19, 2025
Atty Says Anti-SLAPP Law Scuttles Ex-Law Partner's Case
Attorney Andrew Garza and his new firm, Claggett Sykes & Garza LLC, have invoked Connecticut's anti-SLAPP law in an attempt to dismiss litigation by his former law partner Ryan McKeen, one of several lawsuits between the partners after the dissolution of their firm, Connecticut Trial Firm LLC.
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December 19, 2025
Sidley Adds Williams & Connolly Mass Torts Trial Atty In DC
A trial attorney who spent more than two decades at Williams & Connolly LLP has moved to Sidley Austin LLP to help lead its product liability and mass torts practice.
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December 18, 2025
The Biggest Rulings From A Busy Year At The 1st Circ.
The nation's smallest federal appellate panel punched above its weight in 2025, grappling with numerous suits against the Trump administration, high-profile criminal appeals, a $34 million legal fee bid and a hotly contested kickback law.
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December 18, 2025
Anti-Fluoride Win Merits $9.5M In Fees From EPA, Judge Told
Anti-fluoridation groups urged a California federal judge in a hearing Thursday to grant them $9.5 million in attorney fees for winning a 2024 decision that the U.S. Environmental Protection Agency's "optimal" fluoride level for drinking water poses an unreasonable risk of lowering children's IQ.
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December 18, 2025
Arkansas Social Media Safety Law Temporarily Blocked
Arkansas cannot enforce a state law that bans social media platforms from using algorithms that could cause a user to kill themselves, buy drugs, become addicted to social media or develop an eating disorder, a federal district judge has ruled.
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December 18, 2025
Trump Order Rallies Cannabis Industry, Advocates Want More
The executive order signed by President Donald Trump on Thursday, marking the most substantial shift in federal cannabis policy in over half a century, is expected to have favorable ramifications for the marijuana industry even as it falls short of decriminalizing the drug or resolving the many tensions between federal and state law.
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December 18, 2025
9th Circ. Revives National Forest Road Injury Claim
A timber worker who suffered injuries when his excavator slid off a Washington road under the control of the U.S. Forest Service will get the opportunity to take his claims to trial, the Ninth Circuit ruled Wednesday, saying a jury needs to decide whether the worker's employer or the federal government was responsible for the road's upkeep.
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December 18, 2025
Monarch Overhyped 'Driver-Optional' Tractors, Ex-Dealer Says
A Washington farm supply store sued California-based Monarch Tractor — which bills itself as the maker of "the world's first autonomous tractor" — in Seattle federal court Thursday, claiming the company's MK-V vehicles "did not perform as represented and were unable to operate in the autonomous manner represented."
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December 18, 2025
Top Product Liability Cases Of 2025
The Fourth Circuit's decision to unravel an early landmark ruling in litigation over the opioid crisis in a suit brought by West Virginia counties against drug distributors tops Law360's list of product liability cases of the past year, as well as a loss for Tesla in a newsworthy trial over the automaker's Autopilot feature. Here's what other cases garnered attorneys' attention in 2025.
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December 18, 2025
Bad River Band Sues Army Corps Over Pipeline Reroute
A Wisconsin tribe is seeking to void a U.S. Army Corps of Engineers permit for the construction of a new 41-mile section of Enbridge Inc.'s Line 5 oil pipeline that will encircle its reservation, alleging that the agency failed to conduct required environmental reviews.
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December 18, 2025
Hunter Claims FN America Pistol With Safety On Shot His Leg
A Colorado fire lieutenant with Aurora Fire Rescue is suing FN America LLC and Umarex USA Inc., saying a pistol they made and distributed went off while the safety was on, and without a trigger pull, and shot him in the leg while he was hunting.
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December 18, 2025
Trump Orders Loosening Of Federal Restrictions On Marijuana
President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
5th Circ. Finds 'Truffle,' Reverses Samsung Battery Suit
A Seventh Circuit opinion has convinced the Fifth Circuit to reverse its decision forcing Samsung SDI Co. Ltd. to face a lawsuit over burn injuries a man suffered when one of the company's batteries exploded in his pocket, suggesting the company didn't do a great job making its case the first time around.
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December 17, 2025
Meta Blamed For Teens' Instagram 'Sextortion' Suicides
The parents of a 16-year-old boy from Scotland and a 13-year-old boy from Pennsylvania blame Meta and Instagram for their children dying by suicide after being "sextorted" through the photo sharing platform, alleging in a lawsuit Wednesday that the social media companies know the app connects predators to children.
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December 17, 2025
29 State AGs Want Unified Meta Youth Addiction Trial
A group of 29 states and their attorneys general is doubling down on a request in California federal court to hold a single, unified trial in their suit claiming Meta Platforms Inc. is designed to addict and harm minors, saying they have now identified another case where such a singular trial was held involving multiple attorneys general's claims.
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December 17, 2025
Calif. DMV Tells Tesla To Rename Autopilot Or Lose License
The California DMV has said Tesla violated state law when it marketed its vehicles' "autopilot" and "full self-driving capability," calling the phrases misleading because the technology doesn't actually enable autonomous driving and ordering the company to change its marketing or face a suspension of its permit to sell vehicles in the state.
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December 17, 2025
Repair Co. Not Owed Coverage For Damage Scheme Suits
A company that repairs tubular air heaters and its founder were not entitled to coverage for a criminal case and a civil suit alleging that they defrauded customers by deliberately damaging property in order to secure repair jobs, an Illinois federal court ruled.
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December 17, 2025
Conn. Zantac Injury Bellwether Trials Set To Begin In 2028
Bellwether trials in lawsuits against drugmaker Boehringer Ingelheim Pharmaceuticals Inc. over the side effects of Zantac are set to begin in Connecticut state court in March 2028, according to a court order.
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December 17, 2025
Adderall Telehealth Startup Indicted After CEO's Conviction
A San Francisco grand jury has indicted California telehealth startup Done Global, alleging it had a role in a healthcare fraud conspiracy that involved submitting false claims to government health programs and distributing $100 million in Adderall and other drugs through subscription services, federal prosecutors said Wednesday.
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December 16, 2025
Gunmaker Fights To Exclude Other Accidents In Defect Trial
A jury should not be allowed to see videos purporting to show instances where the Sig Sauer P320 pistol fired without the trigger intentionally being pulled, the gun manufacturer argued, telling a Kentucky federal court that these discharges are not substantially similar to the current case heading to trial.
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December 16, 2025
Judge Blocks T-Mobile From Using Tool To Scrape AT&T Data
A Texas federal judge blocked T-Mobile from using a price tool to scrape data from AT&T's website, saying that without a temporary restraining order T-Mobile would likely continue to enter into AT&T's password-protected software without permission.
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.