Product Liability

  • December 09, 2025

    Expert Invoices Discoverable In J&J Talc MDL, Judge Says

    A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

  • December 09, 2025

    Mistrial Declared In Fla. Opioid Case Against Pharmacies

    A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

  • December 09, 2025

    Hagens Berman's Novel DOJ Referral May Have Chilling Effect

    A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

  • December 08, 2025

    Baby Food Cos., Parents Clash On Heavy Metals MDL Experts

    A California federal judge heard arguments Monday over what expert witness evidence to allow in an upcoming trial over whether lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to ADHD and autism in children, as counsel from both sides kicked off a high-profile weeklong Daubert hearing.

  • December 08, 2025

    Ford Urges 9th Circ. To Decertify 'Death Wobble' Classes

    An attorney told a Ninth Circuit panel Monday it should decertify all the subclasses of buyers alleging some of Ford's pickup trucks suffered a steering defect known as the "death wobble," saying the district court didn't properly consider whether the models in question are largely used for business purposes.

  • December 08, 2025

    Insurer Denies Coverage To Retailers For Kratom Death Suit

    An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.

  • December 08, 2025

    11th Circ. Vacates Benefits Ruling In Black Lung Case

    The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine. 

  • December 08, 2025

    Food Biz Groups Say Texas Food Label Law Unconstitutional

    Food industry trade groups on Friday said the recent "Make Texas Healthy Again Act" is unconstitutional since the government is forcing them to spread inaccurate information about the safety of products, adding that the law undermines the domestic regulation of food safety.

  • December 08, 2025

    What To Do When Jurors Don't 'Trust The Science'

    The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

  • December 08, 2025

    Ex-Archetype Capital Exec Hit With Trade Secret Injunction

    A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system. 

  • December 08, 2025

    Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot

    A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.

  • December 08, 2025

    Volkswagen Defect Class Gets Final OK For $1.95M Fee Award

    A New Jersey federal judge has granted final approval to a class action settlement for 3.9 million Volkswagen and Audi owners, resolving claims over alleged turbocharger defects and awarding $1.95 million in fees and expenses to the plaintiffs' attorneys.

  • December 08, 2025

    Justices Say Louisiana Law Can't Bar HIV Discrimination Suit

    The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.

  • December 08, 2025

    EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed

    The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.

  • December 05, 2025

    Character.AI Exec Can't Exit Teen's Suicide Suit, Mom Argues

    The co-founder of Character.AI should not be allowed to escape a wrongful death lawsuit accusing the platform and its creators of building a large language model that encouraged a 14-year-old boy to kill himself, the teen's mother argued in Florida federal court, saying the founder essentially controlled the company, so much so that it was his alter ego.

  • December 05, 2025

    Juror Who Alleged Misconduct Dismissed From Opioid Trial

    A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.

  • December 05, 2025

    Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.

    Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.

  • December 05, 2025

    Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid

    The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants.

  • December 05, 2025

    Hawaii Sues TikTok Over Youth Mental Health

    Hawaii this week became the latest state to hit TikTok with allegations that the social media company purposely designed its platform to hook users and especially children.

  • December 05, 2025

    Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.

    An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.

  • December 05, 2025

    Mass. Justices Muse On Swift, 'FOMO' In Meta Addiction Case

    Massachusetts' highest court appeared divided Friday as it wrestled with whether Meta Platforms Inc. should have to face a suit by the state attorney general claiming that it is illegally getting kids hooked on Instagram.

  • December 05, 2025

    Mass Tort Firms Targeted Over Benicar MDL Fees In NJ Suits

    Robins Kaplan LLP and Pendley Baudin & Coffin were hit with proposed class actions in New Jersey state court from former clients in multidistrict litigation over the blood pressure medication Benicar alleging that the firms overcharged on their fees.

  • December 04, 2025

    Calif. Judge Tosses Baby Food Experts In Heavy Metals Suits

    A California state judge Wednesday tossed experts in a suit alleging that the presence of heavy metals in Hain Celestial baby foods caused a child's brain damage, finding that a toxicologist couldn't single out exposure from different companies.

  • December 04, 2025

    Class Cert. Denied In Splenda False Ad Suit

    A California federal judge on Wednesday declined to certify a class of consumers who claim that Splenda falsely advertised that its sweetener packets were "suitable for people with diabetes," partly because the lead plaintiff is prediabetic.

  • December 04, 2025

    Colo. Sheriff Lt. Says Jury Should Hear Expert Gun Testimony

    A Colorado county sheriff's department lieutenant suing Sig Sauer Inc. over an injury involving a pistol told a federal judge that a jury should be able to determine the credibility of an expert witness the gun manufacturer says should not be allowed to testify.

Expert Analysis

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    NJ Should Align With Federal Rule On Expert Testimony

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    The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Class Standing Issues Still Murky After Justices Punt LabCorp

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    While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • GM Case Highlights New Trends In AI-Related Securities Suits

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    Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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