Product Liability

  • July 24, 2025

    Bellwether Plaintiffs Want Redo Of GE Pollution Trial

    The plaintiffs in a bellwether pollution suit against General Electric Co. and a former subsidiary are asking for a new trial, arguing the jury should not have been able to find in the subsidiary's favor after it had admitted to responsibility in prior court filings.

  • July 24, 2025

    Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker

    Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.

  • July 24, 2025

    NJ Judge Orders Gun Store To Halt Illegal Ammo Sales

    A Garden State firearms retailer violated state law by failing to implement reasonable safeguards and selling ammunition to undercover state investigators without checking identification or confirming eligibility to purchase, a New Jersey Superior Court judge ruled.

  • July 24, 2025

    Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash

    A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.

  • July 24, 2025

    Eli Lilly's Trademark Suit Not 'Abuse Of Process'

    A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.

  • July 24, 2025

    NC Urges 4th Circ. Not To Block Vape Regs During Appeal

    North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.

  • July 23, 2025

    Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial

    A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.

  • July 23, 2025

    FTC Wants PE Firm's Medical Device Coating Deal Put On Ice

    Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.

  • July 23, 2025

    Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.

    A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.

  • July 23, 2025

    Cosmetics Giants Accused Of Selling Cancer-Causing Product

    Major cosmetic companies including Estée Lauder, Edgewell, Shiseido, Unilever and Harry's have been hit with Proposition 65 lawsuits in California state court accusing them of failing to put warning labels on products containing a chemical that state health officials say causes cancer.

  • July 23, 2025

    North Carolina AG Defends Power To Pursue PFAS Suit

    North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.

  • July 23, 2025

    Tort Report: Panera Settles Last Of 'Charged Lemonade' Suits

    The final resolution of a handful of injury suits over Panera Bread's caffeinated lemonade drink and the U.S. Supreme Court's rejection of a medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • July 23, 2025

    No New General Causation Opinions In Camp Lejeune Case

    A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.

  • July 23, 2025

    High Court Lets Trump Fire CPSC Members, For Now

    The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims

    The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.

  • July 23, 2025

    Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says

    A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.

  • July 23, 2025

    8th Circ. Wipes Out Pot-Smoking Gun Owner's Conviction

    The Eighth Circuit has vacated a man's conviction for possessing a firearm as an unlawful drug user, saying the trial court failed to determine that his use of cannabis made him dangerous to others or pose a credible threat with the firearm.

  • July 23, 2025

    Co., Lenders Hit With Suit Over Medical Spa Financing Scam

    A medical device manufacturer and several financing companies worked together to manipulate boutique clinics and medical spas into purchasing expensive cosmetic devices based on inflated revenue projections and false promises of marketing support, according to a proposed class action filed Monday in California federal court.

  • July 23, 2025

    Thompson Hine Adds Venable Product Liability Atty In LA

    Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.

  • July 22, 2025

    FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict

    Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.

  • July 22, 2025

    Justices Urged To Hear Ill. Freight Broker Negligence Fight

    A man who was injured in an Illinois trucking accident urged the U.S. Supreme Court on Tuesday to address conflicting court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims, saying broker and logistics giant C.H. Robinson cannot evade liability.

  • July 22, 2025

    After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban

    A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.

  • July 22, 2025

    Gov'ts, Tribes Look To Settle Idaho Mining Pollution Suit

    The U.S. government, Idaho and a tribal nation are asking a federal judge to approve an unopposed settlement with a phosphate ore mining company over its alleged dumping of hazardous substances within a national forest.

  • July 22, 2025

    States, Asbestos Claimants Seek Claim Purge Block In Del.

    An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

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