Product Liability

  • July 31, 2025

    Amazon Customer Can't Nix Defenses In 'Bling' Blinding Suit

    A California federal judge largely denied a woman's bid for an early judgment on Amazon.com Servies LLC's defenses and some claims in her suit alleging she was blinded in one eye by a "sparkly bling" steering wheel accessory when her airbag deployed in a collision.

  • July 31, 2025

    Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit

    A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.

  • July 31, 2025

    Mercedes-Benz Can't Escape All Of Wood Veneer Crack Suit

    A Georgia federal judge won't dismiss the bulk of a proposed class action alleging that Mercedes-Benz Group AG sold vehicles with defective wooden trim veneer that cracked after extended use, leaving 11 of the 18 counts in the amended complaint alive.

  • July 30, 2025

    3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit

    A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.

  • July 30, 2025

    Walmart Hoverboard Fire, Injury Case Ends After AI Scandal

    A Wyoming family of five that sued Walmart after a hoverboard they bought exploded, destroying their home and causing serious burns, has agreed to permanently end litigation in a case marred by plaintiffs counsel getting caught pushing case law "hallucinated" by artificial intelligence.

  • July 30, 2025

    E-Commerce Firms To Pay $15M To End FTC's AI Scam Claims

    A New Jersey-based network of e-commerce coaching firms will pay more than $15 million to end a Federal Trade Commission suit accusing it of duping consumers out of nearly $16 million through false promises of AI-driven success on e-commerce platforms, according to a federal court order filed Wednesday.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    GHG Regs Rollback Would Test Clean Air Act Interpretation

    The U.S. Environmental Protection Agency's proposal to eliminate a pillar of climate change regulation could test the agency's — and courts' — interpretations of Clean Air Act language that has remained largely unquestioned since the Obama administration.

  • July 30, 2025

    Celsius Cans Accidentally Filled With Vodka Drink, Recall Says

    Alcoholic beverage company High Noon said Tuesday it accidentally got shipped some Celsius energy drink cans, filled them with vodka seltzer and shipped them to retailers in several states, in a recall notice that was also published by the U.S. Food and Drug Administration.

  • July 30, 2025

    NTSB Hearing Probes Helicopter Risks In DCA Collision

    The U.S. Army helicopter involved in January's deadly midair collision over the Potomac River was flying almost 100 feet higher than it should've been near one of the capital area's busiest airports according to testimony as the National Transportation Safety Board on Wednesday examined equipment and operational lapses tied to the accident.

  • July 30, 2025

    Virgin Atlantic Avoids $1M Default In Food Poisoning Suit

    A California appeals court won't reinstate a $1 million default judgment against Virgin Atlantic Airways Limited in a suit by a man who alleged he got food poisoning on a flight, saying he did not properly serve the complaint on the company.

  • July 30, 2025

    Cinemark Calls Suit Alleging Exaggerated Beer Size Meritless

    Cinemark USA Inc. asked a Texas federal court to toss a proposed class action alleging that the movie theater company ripped off thirsty moviegoers by advertising 24-ounce beer cups that in reality only contained 22 ounces, saying the plaintiff failed to allege damages over $5 million.

  • July 30, 2025

    Blue Bell Class Seeks Settlement Records In Derivative Suit

    Attorneys for a Blue Bell Creameries USA Inc. stockholder class sought a Delaware Court of Chancery order compelling access to records concerning a $60 million settlement of liability claims after a deadly ice cream contamination incident in 2015.

  • July 30, 2025

    Mich. PBM Opioid Suit Belongs In State Court, Judge Told

    Counsel for the State of Michigan argued Wednesday that a lawsuit accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject to federal officer removal and should be sent back to state court.

  • July 30, 2025

    Calif. Tribe Says 70-Acre Casino Land Fight Must Continue

    The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.

  • July 30, 2025

    Noem Hit With Religious Discrimination Suit Over Ayahuasca

    A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.

  • July 30, 2025

    RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict

    A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.

  • July 30, 2025

    Rising Star: Kirkland's Catherine Mullaley

    Catherine "Kate" Mullaley of Kirkland & Ellis LLP helped Johnson & Johnson win personal injury trials over its baby powder and vaginal mesh products while at a prior firm, and she is trial counsel for Snap Inc. in a suit claiming its social media platform is defective, earning her a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 30, 2025

    Landlords Not Covered For Lead Exposure Suit, Insurer Says

    An insurer has no duty to defend or indemnify property owners accused of negligently renting out an apartment with hazardous levels of lead that injured a child, the carrier told an Illinois federal court, saying the owners' policy bars coverage for bodily injury caused by lead.

  • July 29, 2025

    Fed. Circ. Backs Rejection Of Man's HPV Vaccine Claims

    A man who claimed vaccines he received as a teen, including one meant to guard against HPV, caused him to develop inflammatory bowel disease will receive no payments under the National Vaccine Injury Compensation Program, the Federal Circuit ruled on Tuesday, affirming a determination that his theory that vaccines caused his illness is unsupported.

  • July 29, 2025

    J&J Owes $43M For 30-Year Talc User's Mesothelioma

    A Massachusetts state court jury ordered Johnson & Johnson Tuesday to pay more than $42.6 million to a former talc user with mesothelioma and his wife, following a trial in which the man's lawyer told jurors the alleged cancer-causing effects of the company's baby powder were its "dirty little secret."

  • July 29, 2025

    Tesla Expert Says No Tech Would've Stopped Reckless Driver

    No improved autopilot technology would have changed the reckless behavior of the Tesla driver who caused a fatal crash in the Florida Keys, an expert psychologist told federal jurors Tuesday in the trial over whether the car's autopilot software contributed to the crash.

  • July 29, 2025

    OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair

    Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.

  • July 29, 2025

    Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death

    The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."

  • July 29, 2025

    Allianz Owes Coverage For Hot Air Balloon Crash Suits

    An Allianz insurer has a duty to defend and indemnify a hot air balloon company facing multiple suits over crashes that injured several passengers under the policy's balloon premises liability coverage, a Wyoming federal court ruled Tuesday.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

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