Product Liability

  • August 21, 2025

    Fertility Co. Says Deception Suit 'Mischaracterizes' Test

    A fertility clinic chain is urging a Colorado federal judge to toss a proposed class action accusing it of deceptively marketing genetic tests of embryos, saying the claims are time-barred, lack required expert backing and specificity, and don't identify any actionable misstatements.

  • August 21, 2025

    Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.

    The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.

  • August 21, 2025

    Roblox Hit With New Accusations Of Child Safety Shortfalls

    The Roblox Corp. prioritized growth and profits over child safety, opening the door to sexual exploitation, a North Carolina mother claimed in the latest complaint the tech giant faces over alleged safety shortfalls. 

  • August 21, 2025

    NHTSA Looking Into Tesla Crash Report Tardiness

    Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.

  • August 21, 2025

    Judge OKs Deal To End Misrepresented Pickleball Paddle Suit

    A Florida federal judge on Wednesday approved a settlement resolving a class action accusing a pickleball paddle manufacturer of deceptively marketing its products as certified by the sport's governing body that will pay out up to $300 to each class member.

  • August 21, 2025

    EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request

    The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."

  • August 20, 2025

    United, Delta Flyers Sue Over Windowless 'Window' Seat Fees

    United and Delta on Tuesday were hit with a pair of proposed breach of contract class actions in California and New York federal courts by customers who accused the airlines of charging premium fees for windowless seats that are misleadingly advertised as having windows. 

  • August 20, 2025

    TikTok Profits From Addicting Children, Minnesota Says

    TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.

  • August 20, 2025

    Character.AI Founder Seeks Exit From Teen's Suicide Suit

    The co-founder of Character.AI has asked a Florida federal judge to toss certain claims in a suit alleging a teen's suicide was caused by a negligently designed artificial intelligence chatbot, saying he can't be sued individually in Florida because he's never done any business in the state.

  • August 20, 2025

    States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate

    Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.

  • August 20, 2025

    Talphera Beats Investors' Bid To Save Slogan Suit At 9th Circ.

    The Ninth Circuit on Wednesday refused to revive a proposed shareholder class action accusing Talphera Inc. of misleading investors about the simplicity of administering the pharmaceutical company's "Tongue and Done" opioid, saying in a published opinion that no reasonable investor would "blindly" accept the slogan without considering other information.

  • August 20, 2025

    TikTok Can't Dodge NC Claims Over Addictive App Design

    Chinese internet behemoth ByteDance Inc. and its social media subsidiary TikTok Inc. can be sued in the Tar Heel State, North Carolina's business court ruled Tuesday, preserving a lawsuit that accuses the companies of exploiting minors through addictive app design.

  • August 20, 2025

    10th Circ. Says NM Gun Waiting Period Is Unconstitutional

    The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.

  • August 20, 2025

    11th Circ. Revives Cannabis Users' 2nd Amendment Challenge

    The Eleventh Circuit said Wednesday that a federal law disarming medical cannabis users likely ran afoul of the Second Amendment because it was inconsistent with the nation's history of gun regulation.

  • August 20, 2025

    2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit

    The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.

  • August 20, 2025

    Boeing Eyes Exit From Retooled 737 Max Securities Fraud Suit

    Boeing told an Illinois federal judge that equity funds cannot stuff their amended securities fraud lawsuit with vague and overblown allegations the American aerospace giant defrauded investors by downplaying the 737 Max jets' safety flaws after two deadly crashes in 2018 and 2019.

  • August 20, 2025

    Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

    Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.

  • August 19, 2025

    Another Suit Says Roblox Didn't Protect Child From Predator

    The mother of a 10-year-old girl has hit Roblox Corp. with a lawsuit joining the many that accuse the popular gaming platform of putting children in danger, claiming that a man the girl met on the company's app groomed her until she shared sexually explicit images of herself with him.

  • August 19, 2025

    USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe

    The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.

  • August 19, 2025

    Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit

    Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."

  • August 19, 2025

    Faulty Expert Testimony Dooms Suit Against Norfolk Southern

    The Georgia Court of Appeals on Tuesday threw out a suit seeking to hold Norfolk Southern liable for a longtime worker's hip injuries, saying the plaintiff's medical expert submitted a report that did not properly discuss how the alleged negligence caused his injuries.

  • August 19, 2025

    Trump Energy Orders Suit Must Be Sustained, Youths Say

    Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

  • August 19, 2025

    Google, YouTube Settle Kids' Data Suit With $30M Payout

    Google LLC and its subsidiary YouTube will pay $30 million to resolve a long-running proposed class action accusing them of illegally collecting children's data to generate targeted advertising, according to documents filed in California federal court Monday. 

  • August 19, 2025

    Insurers Pull Back From Discord Liability Coverage Fight

    Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.

  • August 19, 2025

    21 AGs Push DEA To Schedule 'Designer Xanax'

    Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.

Expert Analysis

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    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.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    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.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    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.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    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.

  • Justices' NRC Ruling Raises New Regulatory Questions

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    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.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    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.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    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.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    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.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    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.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    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.

  • Focusing On Fluoride: From FDA To Class Action

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    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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