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Product Liability
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
Headlamp Co. Wants Lights Off For Knockoff IP Infringers
A hands-free headlamp company sought Monday to stop infringement of its patent by foreign online retailers selling knockoff versions of its product to U.S. customers.
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January 27, 2026
RJ Reynolds Owes Transplant Patient $675K Over Smoking
A Florida jury awarded $675,000 on Tuesday over a longtime Newports smoker's lung disease and transplant, much less than the $14 million requested by plaintiffs against R.J. Reynolds.
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January 27, 2026
TikTok Cuts Deal As 1st Social Media Bellwether Trial Begins
TikTok reached an eleventh-hour settlement late Monday in the first bellwether trial over claims that social media harms young users' mental health, cutting the deal days after Snap settled and leaving Meta and YouTube as the sole defendants as jury selection began Tuesday.
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January 27, 2026
Kratom Buyers Call Co.'s Products Addictive, Dangerous
A group of kratom product buyers is suing 7Tabz Retail LLC in California federal court, launching the latest suit alleging kratom companies are pushing an addictive drug without warning buyers about the danger.
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January 26, 2026
Social Media Cos. Fight Uphill To End Schools' Addiction MDL
A California federal judge appeared skeptical Monday about dismissing school districts' claims that social media companies harmed them by getting their students addicted to their platforms, telling defense counsel that the case poses "classic" factual disputes for a jury, and setting the first bellwether trial in the multidistrict litigation for June 15.
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January 26, 2026
RJR Owes Transplant Patient $14M Over Smoking, Jury Told
A Florida jury heard in closing arguments Monday that R.J. Reynolds should pay $14 million for 14 years of pain and suffering endured by a lung transplant patient who was smoking heavily by the 1970s.
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January 26, 2026
Mich. AG's Antitrust Suit Charts New Path For Climate Torts
Michigan Attorney General Dana Nessel's antitrust lawsuit against fossil fuel companies opens a new front in climate change tort litigation, and is a riposte to red states using antitrust law to target pro-climate actions by companies.
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January 26, 2026
Jocko Fuel Sued In NY Over Cadmium In Protein Shakes
Jocko Fuel misleads consumers into thinking its chocolate protein shakes are made with "just premium protein and functional ingredients" that are tested for safety, despite the fact that the shakes are at risk of containing unsafe levels of cadmium, according to a proposed class action filed Monday in New York federal court.
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January 26, 2026
Amazon Accused Of Ignoring Nitrous Oxide Health Hazards
Amazon and nitrous oxide manufacturer Miami Magic took advantage of a "legal loophole" by selling flavored laughing gas products they claimed were for culinary use rather than recreational inhalation, according to a Seattle federal lawsuit from a Georgia man who alleged that his daily use of nitrous oxide caused him serious harm.
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
Ch. 7 Trustee Seeks $59M To Halt Pump Co. Family Transfers
The Chapter 7 trustee overseeing the bankruptcy of pump manufacturer Nash Engineering Co. has demanded a $59.7 million placeholder payment from a sprawling array of family members and trusts connected to the company's owners, saying the myriad defendants need to be stopped from hiding assets from creditors.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Minnesota Appeals Court Won't Toss Climate Change Suit
A Minnesota appeals court on Monday affirmed a lower court's decision not to toss the state's lawsuit alleging that Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels.
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January 26, 2026
Musk's AI Co. Sued Over Explicit, Nonconsensual Deepfakes
A woman is suing Elon Musk's xAI in California federal court, alleging that it not only failed to implement safeguards against users making sexually explicit deepfakes of women without their permission but has also openly advertised and monetized it as a feature.
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January 26, 2026
P&G Hit With Suit Over Alleged Lead In Tampax
Procter & Gamble has been hit with a proposed class action in Illinois federal court alleging that certain Tampax Pearl tampons contain unsafe levels of lead that can directly enter the bloodstream, even though the personal care products are marketed as safe from contamination.
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January 26, 2026
Ill. Judge Trims False Ad Suit Over Abbott Formula
An Illinois federal judge Friday dismissed several claims in a putative class action alleging Abbott Laboratories falsely advertised its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, but largely allowed the parents' complaint to move forward.
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January 26, 2026
Helmet Co. Says AIG Unit Must Defend It From Defect Claims
Lexington Insurance Co. ignored a helmet designer's repeated requests for coverage in a lawsuit alleging that product defects caused a helmet to come off a motorcycle rider's head during a collision, the manufacturer told a California federal court.
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January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes
A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
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January 26, 2026
Kansas Refinery Pollutes, Violates EPA Decrees, Suit Says
A proposed class of Coffeyville, Kansas, residents on Monday sued the company behind an oil refinery and fertilizer facility, saying it has been in repeat violation of U.S. Environmental Protection Agency consent decrees as it continues to pollute the environment and, thus, drive up environmental damage and cancer rates.
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January 26, 2026
BMW Drivers Sue Over Leaky Engine Oil Filter Housing
BMW drivers have filed a proposed class action in New Jersey federal court alleging it knowingly sold certain BMW and Mini Cooper, Clubman and Countryman vehicles from 2014 through 2021 containing faulty engine oil filter housing parts that prematurely fail while limiting the warranty period to avoid repair costs.
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January 23, 2026
Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules
A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."
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January 23, 2026
Mich. AG Sues Major Oil Co. 'Cartel' Amid Fight With DOJ
Michigan Attorney General Dana Nessel filed an antitrust suit in federal court against BP, Shell, Chevron, Exxon and the American Petroleum Institute on Friday, claiming they conspired to maintain market dominance by steering money away from renewable energy and using a bevy of other tactics including intimidation and information suppression.
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January 23, 2026
DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.
A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary.
Expert Analysis
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.