Product Liability

  • September 02, 2025

    Disney Inks $10M Deal With FTC Over Kids' Data Collection

    Disney has agreed to pay $10 million and overhaul how it labels child-directed videos on YouTube in order to resolve the Federal Trade Commission's claims that the entertainment giant unlawfully collected personal data from children under 13 without parental consent, the commission said Tuesday. 

  • September 02, 2025

    Harley-Davidson Riders Want Another Look At Warranty Case

    Customers targeting Harley-Davidson's motorcycle warranties are asking the Seventh Circuit for a rehearing, arguing that an appeals panel misconstrued language in the warranties and was wrong to reject claims that the company competes in a market for American motorcycles.

  • September 02, 2025

    Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse

    A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.

  • September 02, 2025

    Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit

    A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.

  • September 02, 2025

    CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits

    CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.

  • September 02, 2025

    Defective Vascular Port Caused Man's Death, Suit Says

    The family of a Floridian who died after being implanted with an AngioDynamics Inc. vascular port hit the company with a suit in California federal court alleging that the device is defective and can cause multiple severe injuries including sepsis and death.

  • September 02, 2025

    FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge

    A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."

  • September 02, 2025

    Md. Says Liability Shield Doesn't Apply To Dali Ship Manager

    The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.

  • August 29, 2025

    Amazon Can't Scrap Toilet Paper Suit, Consumers Say

    Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.

  • August 29, 2025

    Pfizer Sued Over Depo-Provera Brain Tumor Risks

    A Louisiana woman sued Pfizer Inc. in Florida federal court, claiming the company's birth control shot Depo-Provera caused her to develop a brain tumor and the drugmaker knew for years about the risk but never warned patients or doctors.

  • August 29, 2025

    Vape Groups Say Wisconsin Law Preempted By Federal Policy

    A coalition of vaping interests urged a Wisconsin federal judge not to dismiss their challenge to a new state law that bans the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, a law they allege is blocked by federal policy.

  • August 29, 2025

    Del. Justices Say Mattel Sleeper Suit Not Ripe For Review

    The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.

  • August 29, 2025

    Tesla Tries To Undo $329M Autopilot Crash Verdict

    Tesla told a Florida federal judge Friday that a recent $329 million verdict finding its autopilot contributed to a fatal 2019 crash "flies in the face of basic Florida tort law, the due process clause, and common sense," and urged the court to set it aside.

  • August 28, 2025

    3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

    The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

  • August 28, 2025

    'Still A Mess': Colo. Special Session Fails To Deliver AI Clarity

    During its recently concluded special session, the Colorado Legislature extended the implementation deadline for the state's groundbreaking artificial intelligence law but failed to make any substantial changes to the legislation, leaving companies to face continued uncertainty on the scope of liability and other pressing issues.

  • August 28, 2025

    Black Owner Of Hemp Shop Accuses LA Police Of Illicit Raids

    A Black entrepreneur claims that the Los Angeles Police Department conducted multiple unlawful raids on his hemp shop that ultimately put him out of business, according to a lawsuit filed in California federal court that seeks $15 million in damages and suggests that the police's targeting was racially motivated.

  • August 28, 2025

    Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns

    Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.

  • August 28, 2025

    Cincoro Tequila Falls Short Of 'Gold Standard,' Suit Says

    Cincoro tequila isn't truly 100% agave under authenticity and quality regulatory standards, but instead contains significant amounts of ethanol "not derived from agave plants," a proposed class action filed in Florida federal court alleges.

  • August 28, 2025

    EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

  • August 28, 2025

    Roblox, Discord Accused Of Failing To Protect 11-Year-Old

    Roblox and Discord have been hit with yet another lawsuit alleging the online platforms aren't safe for children and that they allow predators to groom youth, with the latest complaint filed by a Michigan woman who claims she was only 11 years old when she was exploited by an adult predator.

  • August 28, 2025

    Common Alcohol Monitor Braces Cause Injury, Suit Says

    An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.

  • August 28, 2025

    Ford Hit With Suit Over F-150 Oil Consumption Defect

    Ford Motor Co. was hit with a proposed class action Thursday alleging that the automaker marketed its top-selling F-150 pickup trucks as "durable" and "best in class," but they have a defect that causes them to consume oil "at an excessive rate" that affects the vehicle longevity.

  • August 28, 2025

    FedArb Hires Ex-RTX Legal Chief As Commercial Mediator

    California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.

  • August 28, 2025

    Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim

    The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.

  • August 27, 2025

    DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss

    A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.

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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