Product Liability

  • November 10, 2025

    Suit Over Calif. Truck Emissions Rules Sent To Golden State

    An Illinois federal judge sent a suit brought by the American Free Enterprise Chamber of Commerce and joined by the Trump administration that challenges California's strict emissions standards for heavy-duty trucks to federal court in the Golden State.

  • November 10, 2025

    $22M Helicopter Crash Verdict Balloons With Interest On $12M

    A Montana federal judge has tacked on pre- and postjudgment interest to most of a $22 million verdict against aircraft manufacturer Kaman Aerospace Corp. in a lawsuit over a defectively made helicopter that crashed five years ago, killing a veteran pilot who was fighting a wildfire.

  • November 10, 2025

    Ohio Panel Reinstates Yamaha Carbon Monoxide Death Suit

    An Ohio appeals court has reinstated claims against Yamaha Motor Co. Ltd. stemming from the death of a college athlete who drowned after riding on a Yamaha boat, finding there are factual disputes about whether the boat was defectively designed and whether the manufacturer adequately warned of carbon monoxide exposure.

  • November 10, 2025

    FDA Lifts Hormone Replacement 'Black Box' Warnings

    The U.S. Food and Drug Administration on Monday said it was removing the "black box" warnings from hormone replacement therapy treatments for menopause for the risks of cardiovascular disease, breast cancer and probable dementia.

  • November 10, 2025

    Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit

    An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.

  • November 10, 2025

    BMW Sued Over Fire Risk In 145,000 Recalled Vehicles

    BMW of North America sold more than 145,000 vehicles with defective electrical starters despite knowing that they can overheat and pose a fire hazard, according to a proposed class action in New Jersey federal court.

  • November 07, 2025

    4th Circ. Opioid Case Brings Public Nuisance Back To The Fore

    The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.

  • November 07, 2025

    OpenAI Hit With Wave Of Suits Over 'Suicide Coach' ChatGPT

    ChatGPT users and suicide victims' families hit OpenAI Inc. and its CEO Sam Altman with a wave of lawsuits in California state court Friday, alleging OpenAI knowingly released a dangerously designed sycophantic, psychologically manipulative, addictive version of ChatGPT that at times became a "suicide coach" to vulnerable users who killed themselves.

  • 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.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

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