Product Liability

  • June 25, 2025

    OTC Pills Are Opioid In Disguise, Consumer Says

    A Georgia company that produces an over-the-counter supplement branded as "ZaZa" was hit with a proposed class action Tuesday from a consumer who said the supplement's active ingredient is a highly addictive substance with effects comparable to opioids, which the manufacturer has hidden from consumers.

  • June 25, 2025

    Edgewell Deodorant Burn Claims Dropped From Conn. Court

    Two women who brought a proposed class action against Edgewell Personal Care Co. claiming the company's Billie brand All Day Deodorant caused chemical burns and other skin problems have dropped their suit from Connecticut federal court, according to a new order.

  • June 25, 2025

    CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits

    An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.

  • June 25, 2025

    Albertsons Reaches Terms To End Action Over Cereal Bars

    Grocery chain Albertsons has resolved a proposed class action alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled "Naturally Flavored" while containing an artificial ingredient derived from petroleum.

  • June 25, 2025

    3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'

    Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.

  • June 25, 2025

    Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid

    Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.

  • June 25, 2025

    Senate Panel Narrowly Advances FAA Chief Nominee

    The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.

  • June 25, 2025

    Paper Products Co. Settles Mich. AG's PFAS Lawsuit

    A manufacturer of paper products has agreed to clean up a composting site to resolve allegations the company dumped paper sludge containing hazardous PFAS chemicals, Michigan's attorney general announced on Wednesday.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    Landmark Product Safety Conviction Faces 9th Circ. Appeal

    A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.

  • June 24, 2025

    Minn. Water Co. Prevails In Retained Limit Coverage Row

    A water purification company that's faced a bevy of product liability lawsuits over a disinfectant product needs to pay only one $5 million retained limit before a Chubb unit's coverage obligations under umbrella policies potentially kick in for one of the underlying cases, a Minnesota federal court ruled.

  • June 24, 2025

    NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout

    Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.

  • June 24, 2025

    Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier

    A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.

  • June 24, 2025

    Apple Users Who Lost Cert. In Storage Suit File New Case

    A group of Apple customers from New Jersey and Illinois who were denied class certification last year in a suit alleging the company falsely markets the storage capacity of 16-gigabyte iPhones and iPads preinstalled with the iOS 8 operating system filed a new proposed class action Monday in California federal court.  

  • June 24, 2025

    No Coverage For Oil Co. Accused Of Pipe Scheme, Court Told

    Everest Indemnity Insurance Co. is asking a southern Texas federal court to rule that it is not required to indemnify a Houston energy equipment company accused of defrauding an oil and gas operator through faulty pipes.

  • June 24, 2025

    Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales

    Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.

  • June 24, 2025

    Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short

    Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.

  • June 24, 2025

    Father Sues Truck Manufacturer Over Son's Death From Heat

    The father of a delivery driver is suing truck manufacturer Morgan Olson LLC in Michigan federal court, alleging that its trucks are defectively designed with cargo compartments without any climate control and that the high temperatures in the trucks led to his son's death.

  • June 23, 2025

    GOP Plan For Merging Agencies Faces Reckoning, And Alarm

    The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.

  • June 23, 2025

    Monsanto Settles With Families After 11th Seattle PCB Trial

    Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.

  • June 23, 2025

    Judge Lets Trimmed Crocs Shrinkage Suit Proceed

    Consumers who sued Crocs Inc. claiming their shoes shrank under normal heat and exposure to the sun saw their claims partially trimmed by a California federal judge, who said the buyers haven't pointed to specific ads that say the footwear is made for sunny days.

  • June 23, 2025

    Samsung Back On Hook To Pay $10M Over Exploding Battery

    Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.

  • June 23, 2025

    Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit

    Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.

  • June 23, 2025

    Cessna Maker Says Crash Suits Lack 'Jurisdictional Hook'

    The maker of a Cessna private jet that crashed in Connecticut, killing four people, including a married pair of New England doctors, told a state court judge Monday that it is not subject to the personal jurisdiction of the state's courts, so two product liability lawsuits against it must be dismissed. 

  • June 23, 2025

    9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement

    The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act. 

Expert Analysis

  • 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.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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