Product Liability

  • November 07, 2025

    Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding

    The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.

  • November 07, 2025

    Texas AG: Roblox Not Protecting Kids From 'Pixel Pedophiles'

    Texas has sued Roblox Corp. in state court, accusing the multibillion-dollar company of deceiving parents about the safety of its popular online gaming platform and allowing children to wander in what the state called an "unregulated universe" shared with predators.

  • November 07, 2025

    Insurer Aims To Recoup Costs In Amazon Battery Fire Case

    Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.  

  • November 07, 2025

    Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.

    The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.

  • November 07, 2025

    Alaskan Tribes Demand Halt To Canada Mining Permits

    Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.

  • November 07, 2025

    Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label

    D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.

  • November 07, 2025

    Eli Lilly Rep Says Off-Label Sales Protest Got Her Fired

    A former Eli Lilly and Co. sales manager said she was fired for objecting to how she and other sales personnel were required to present the diabetes drug Mounjaro to physicians as a weight loss drug when it was not approved for such use, according to a complaint filed in New Jersey federal court Friday.

  • November 06, 2025

    Consumers Sue Tilray Over Protein Claims In Hemp Product

    International cannabis lifestyle and consumer packaged goods company Tilray Brands Inc. was hit with a proposed class action in California federal court by a woman who claims it overstates the amount of protein consumers will get from eating its "Just Hemp" protein powder.

  • November 06, 2025

    Texas AG Wants To Halt Kenvue $400M Shareholder Pay

    Texas wants to block Johnson & Johnson consumer health spinoff Kenvue from paying $400 million to shareholders, calling it a "fraudulent transfer" amid the company, which makes Tylenol, facing "tens or hundreds of billions of dollars in liabilities" in the state's suit alleging the company hid the risk that acetaminophen could lead to autism.

  • November 06, 2025

    Fla. AG Says Planned Parenthood Lied About Abortion Drugs

    The Florida Attorney General sued Planned Parenthood on Thursday, alleging the reproductive healthcare nonprofit misrepresented the safety of abortion drugs to women in a mass marketing campaign.

  • November 06, 2025

    FDA Warns Companies About Illegal Marketing Of Botox

    The U.S. Food and Drug Administration has ordered the companies behind 18 websites to stop selling all Botox injectables to consumers that they have marketed as being able to treat chronic migraine, sweaty palms, overactive bladder and blepharospasm, or spasms that force one's eyelids closed.

  • November 06, 2025

    Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines

    Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.

  • November 06, 2025

    Social Media Apps Must Face Jury After Section 230 Loss

    A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.

  • November 06, 2025

    Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case

    A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.

  • November 05, 2025

    6th Circ. Scraps Objections To $600M Train Derailment Deal

    The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts. 

  • November 05, 2025

    UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic

    A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.

  • November 05, 2025

    Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules

    A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.

  • November 05, 2025

    Ethiopian Air Crash Warrants Substantial Award, Jury Hears

    The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.

  • November 05, 2025

    Everclear Maker Wants Plaintiff's Atty Gagged For Harassment

    Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.

  • November 05, 2025

    Firepit's Lithium-Ion Battery Caused Blaze, Suit Says

    A combination speaker and outdoor firepit's lithium-ion battery catastrophically failed and caused a fire that damaged its owner's property, according to an amended complaint filed Wednesday in Ohio federal court by the owner's insurer.

  • November 05, 2025

    Black Rifle's 'America's Coffee' Isn't Made In The US, Suit Says

    Military-themed coffee retailer Black Rifle Coffee deceptively labels its products as "America's Coffee" with an American flag that implies they're made in the United States, despite that the sourcing, processing and production of the coffee takes place elsewhere, alleges a proposed class action filed in California federal court. 

  • November 05, 2025

    Philip Morris Damages Guardrail Bid Meets Skeptical Justices

    Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.

  • November 05, 2025

    After Atty DQ, Family Preserves Claims Against Home Depot

    A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.

  • November 05, 2025

    6th Circ. Says Asbestos Reinsurance Fight Can't Be Rehashed

    An Amerisure unit can't seek reimbursement from reinsurer Swiss Re for defense costs paid in underlying asbestos litigation against a building material manufacturer, the Sixth Circuit affirmed, saying the issue has already been decided in arbitration proceedings with another reinsurer.

  • November 05, 2025

    Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit

    A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.

Expert Analysis

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

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    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

  • Opinion

    Furtive Changes To Federal Health Data Threaten Admissibility

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    A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

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