Product Liability

  • May 23, 2025

    Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case

    Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.

  • May 23, 2025

    Class Of Health Plans Certified In Avandia Marketing MDL

    A Pennsylvania federal judge has certified a class of health plans in multidistrict litigation over GlaxoSmithKline's alleged deceptive marketing of the drug Avandia in which the plans claim they wouldn't have paid higher premiums for the drug if they'd known about its potential cardiovascular risks.

  • May 23, 2025

    La. Sued For Blocking Community Air Monitoring Sensors

    Louisiana is hindering its citizens' ability to monitor air pollution in their communities by threatening to dish out "crippling" fines to those who share data collected from certain affordable sensors, according to a lawsuit filed by environmental groups accusing the state of violating the First and 14th amendments.

  • May 22, 2025

    Hawaii Shop Alleges CBD Wares Were Actually THC

    A CBD retailer sued a supplier in Hawaii federal court Tuesday for allegedly selling it goods that were represented as CBD products when they actually had an unlawful amount THC in them, which caused some of the products to be seized by law enforcement and one of its customers to fall seriously ill.

  • May 22, 2025

    Microsoft Says It Helped Disrupt Popular Malware Lumma

    Microsoft said Wednesday that it recently filed suit against Lumma Stealer as part of its work with Europol's European Cybercrime Centre to disrupt the popular and pervasive info-stealing malware that steals passwords, credit card and bank account information and cryptocurrency wallets.

  • May 22, 2025

    What's Next As DOJ Mulls Dropping Boeing Criminal Case

    Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.

  • May 22, 2025

    Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court

    Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.

  • May 22, 2025

    Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute

    A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.

  • May 22, 2025

    Conn. AG Targets 'Bootleg' Weight Loss Drug Sellers

    Connecticut has launched a consumer protection lawsuit in state court against a Florida-based company and its owner, accusing them of peddling untested and unsafe, research-level, "bootleg" GLP-1 weight loss drugs to customers.

  • May 21, 2025

    Ore. Fire Verdict Brings PacifiCorp Damages To $385M

    An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.

  • May 21, 2025

    Google, Character.AI Can't Escape Suit Over Teen's Suicide

    A Florida federal judge on Wednesday greenlit the bulk of claims in a suit accusing Character.AI and Google of causing a 14-year-old's suicide after he became addicted to an artificial intelligence chatbot, saying the AI app can be considered a product for the purposes of a product liability claim.

  • May 21, 2025

    Judge Warns Attys Using AI To 'Advocate — Not Hallucinate'

    A Florida federal judge on Tuesday sanctioned two attorneys in a shipping contract dispute for filing a brief that included a nonexistent case citation added by artificial intelligence, warning lawyers that they must "carefully evaluate, elucidate and advocate — not hallucinate" in their legal briefs.

  • May 21, 2025

    Gold Mine Risks Alaska Preserve And Whales, Tribe Claims

    An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.

  • May 21, 2025

    Handel's Accused Of Hiding Dyes In Its 'Homemade' Ice Cream

    A Handel's customer filed a false advertising proposed class action in California federal court Wednesday alleging the ice cream retailer claims that its frozen treats are "homemade" using the best quality ingredients with a recipe dating back to 1945, while hiding they contain artificial food dyes and propylene glycol. 

  • May 21, 2025

    EPA Chief Defends Trump Plan To Halve Agency Budget

    U.S. Environmental Protection Agency Administrator Lee Zeldin on Wednesday told senators that despite President Donald Trump's proposal to cut the EPA's budget by 55% and an internal reorganization, agency scientists can handle the current workload.

  • May 21, 2025

    SC Justices Affirm Receivership Order In Asbestos Dispute

    The South Carolina Supreme Court on Wednesday unanimously upheld a trial court's decision to appoint a receiver over a Canadian company's insurance assets as part of discovery sanctions in an asbestos injury lawsuit, despite the company's contention it possesses no property in the state.

  • May 21, 2025

    Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal

    A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.

  • May 21, 2025

    CPSC Members Take Trump To Court Over Firings

    The three Democrats on the Consumer Product Safety Commission have followed up on their threat to file suit over President Donald Trump's attempts to fire them, saying that the president is breaking the law and that they have been barred from doing their jobs without cause.

  • May 21, 2025

    Atty, Firm Sanctioned For Losing Info In RICO, Defamation Suits

    An Alabama federal judge granted Drummond Co. Inc.'s request for sanctions over missing emails and other information in litigation accusing Conrad & Scherer LLP and one of its former managing partners of defamation and RICO violations.

  • May 21, 2025

    Solvay Wants Sanctions For 3 Firms Over Confidential Info

    Lawyers at three plaintiffs law firms were hit Wednesday with a bid for sanctions by a polymer company that claims the attorneys used confidential discovery in federal multidistrict litigation in New Jersey to file a new action.

  • May 21, 2025

    NRA Asks Justices To End Fla.'s Age Limit On Gun Sales

    The National Rifle Association is taking its fight against Florida's prohibition on gun sales to anyone under 21 up to the U.S. Supreme Court, telling the justices that a circuit split makes the Eleventh Circuit's March decision upholding the ban ripe for review.

  • May 21, 2025

    Walgreens Ducks False Ad Suit Over Mucus Relief Meds

    An Illinois federal judge on Tuesday dismissed a potential class action accusing Walgreens of misleading customers by selling them over-the-counter mucus relief medicine containing benzene without warning them of that risk, saying the claims are preempted by a federal drug safety law.

  • May 20, 2025

    4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury

    The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.

  • May 20, 2025

    5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play

    Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.

  • May 20, 2025

    Vape Pen Exploded In Conn. Man's Pocket, Suit Says

    A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.

Expert Analysis

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

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