Product Liability

  • March 31, 2026

    Cruise Ship Cuke Made Passenger Puke, According To Suit

    A Washington woman accused produce supplier Sun Commodities Inc. of providing contaminated cucumbers to her Celebrity Summit cruise ship, alleging that she was hospitalized with a salmonella infection due to eating them in salad during a 2024 voyage.

  • March 31, 2026

    Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

    In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

  • March 31, 2026

    Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

    The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

  • March 31, 2026

    5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

    The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

  • March 31, 2026

    Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

    A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

  • March 31, 2026

    70+ Republicans Ask Justices To Review NY Gun Liability Law

    More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

  • March 30, 2026

    FTC's Meador Eyeing Platform Design In Kids' Safety Reviews

    While the Federal Trade Commission isn't interested in "telling companies how to run their businesses," the agency will continue to police online hazards facing children and adults, including those that may be caused by the way that websites are designed, and could impose more "extreme" remedies when necessary, Republican Commissioner Mark Meador said Monday.

  • March 30, 2026

    5th Circ. Seems Open To Reviving Eyemart Class Action

    A Fifth Circuit panel seemed open to reviving a class action accusing glasses retailer Eyemart Express LLC of selling sensitive personal health information to social media giant Meta, asking Monday why dismissal was appropriate given the complexity of the case.

  • March 30, 2026

    Judge Denies Arbitration Bid In Land Rover Brake Defect Case

    Jaguar Land Rover cannot, for now, push out of court a proposed class action over claims Range Rover brakes have a defect that causes premature wear, a New Jersey federal judge has ruled, possibly giving some credence to the drivers' claims that the arbitration clause was "buried" within the 525-page vehicle handbook.

  • March 30, 2026

    Stumptown Coffee Packaging Blamed For Flight Attendant's Burns

    Stumptown Coffee Corp.'s failure to address a critical flaw in its product packaging for commercial flights caused an "explosion" of scalding hot coffee on an Alaska Airlines plane that left a pregnant flight attendant with permanent scars on her chest, according to a lawsuit filed Friday in Seattle federal court.

  • March 30, 2026

    Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment

    Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he was a child, a Maryland federal judge has ruled.

  • March 30, 2026

    Product Liability Q1 Regulatory Roundup

    In the first three months of 2026, executive orders and other regulatory actions by the Trump administration have taken on products with "Made in America" labeling, called for the increased manufacture of the herbicide ingredient glyphosate, and addressed what e-cigarette flavors could receive the U.S. Food and Drug Administration's approval, among others.

  • March 30, 2026

    Kimberly-Clark Slips Conn. Town's 'Speculative' PFAS Claims

    A proposed class action claiming Kimberly-Clark Corp. polluted a Connecticut town's water and soil with toxic "forever chemicals" failed to allege plausible facts tying the contamination or any injuries to the paper goods maker, relying instead on assumptions and guesswork, a federal judge has ruled in dismissing the case.

  • March 30, 2026

    Nearby Polluters Must Face Gowanus Canal Cleanup Suit

    A New York federal judge on Sunday declined to dismiss a lawsuit brought by National Grid seeking to force 40 other parties accused of polluting Brooklyn's Gowanus Canal to pay their share of the Superfund cleanup costs.

  • March 30, 2026

    Expedia Looks To Escape Suit Over Carbon Monoxide Deaths

    Expedia has sought to escape a suit over the carbon monoxide poisoning deaths of three young women at a Belize resort allegedly due to a poorly installed water heater, telling a Massachusetts federal court it had no duty to warn customers about potential dangers at the hotels listed on its website.

  • March 30, 2026

    BNSF Says 9th Circ. Opinion Nixes Montana Asbestos Case

    BNSF Railway Co. asked a Montana federal court Monday to throw out a lawsuit alleging it let dust from asbestos-containing vermiculite accumulate at its rail yard in Libby, Montana, arguing that a recent Ninth Circuit case showed the claims are preempted by federal law and blocked by the common carrier exception.

  • March 30, 2026

    Judge Tosses ESA Challenge Against Nevada Lithium Mine

    A Nevada federal judge says the federal government didn't violate the Endangered Species Act in approving a more than 7,100-acre lithium mining project that conservation groups argue will drive a rare wildflower into extinction, finding the decision was not arbitrary or capricious under recent Supreme Court precedent.

  • March 30, 2026

    Bai Beverage Maker Quenches False Ad Suit Over Sweetener

    Bai Brands permanently defeated a putative class action alleging it deceived consumers into thinking its beverages contained "no artificial sweeteners" despite being sweetened with erythritol, after a New York federal judge found no evidence of how reasonable consumers would define "artificial." 

  • March 30, 2026

    GE Fails To Nix Suit Over Stove Fire From Alleged Defect

    A Pennsylvania federal judge has rejected GE Appliances' request to toss most of a suit alleging that one of its stove ranges was defectively designed and led to a fire when it was accidentally turned on, finding that a jury could reasonably agree with the plaintiff's experts' assessment of events.

  • March 30, 2026

    Kratom Addictiveness 9th Circ. Appeal Dropped

    A group of consumers told the Ninth Circuit on Friday that they were dropping the appeal of a dismissal of their suit over kratom products that they said were as addictive as opioids.

  • March 27, 2026

    Tech Critics See Hope In Social Media Verdicts

    The courts are emerging as the forum to hold social media giants accountable for their algorithms now that two multimillion-dollar jury verdicts determined the platforms are harming the mental health of young people, after years of being unchecked by Congress.

  • March 27, 2026

    Elizabeth Holmes Gets 11-Year Prison Sentence Cut By A Year

    A California federal judge has shaved off a year from convicted ex-Theranos CEO Elizabeth Holmes' 11-year-and-three-month prison sentence for securities fraud due to recent sentencing guideline amendments, reducing her time behind bars by one year, instead of the two years she requested, amid objections by prosecutors.

  • March 27, 2026

    Segway Scooter Recall Claims Must Be Arbitrated, Judge Rules

    Segway successfully pushed into arbitration claims that it built an electric scooter with a dangerous defect that caused the handlebars to collapse mid-ride, after a Pennsylvania federal judge ruled the buyer failed to opt out of a "shrinkwrap" agreement on the scooters' packaging.

  • March 27, 2026

    Honda System Not 'Perfect,' But Also Not Defective, Jury Told

    Honda's collision avoidance system, while not "perfect," should not be considered defective under industry standards, an attorney for the automaker's U.S. arm told a California federal court jury Friday during closing arguments in a class action over claims by 100,000-plus drivers that the system caused dangerously abrupt stops.

  • March 27, 2026

    Uber Crash Liability Case Review Denied By Texas High Court

    The Texas Supreme Court on Friday declined to review a case brought by passengers injured in a car crash during a trip arranged through Uber Technologies Inc.'s app, leaving intact a lower court ruling rejecting their liability claims and finding that the company's drivers are independent contractors under state law.

Expert Analysis

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • How Generative AI Cos. Can Navigate Product Liability Claims

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    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

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