Product Liability

  • June 30, 2025

    Justices Seek SG's View In $1.2M Roundup Verdict

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.

  • June 30, 2025

    Justices Pass On Exxon Mobil $14M Clean Air Act Dispute

    The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.

  • June 30, 2025

    Justices Take On Enbridge Pipeline Remand Fight

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.

  • June 27, 2025

    Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'

    The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.

  • June 27, 2025

    Meta, TikTok Can't Escape 'Subway Surfing' Death Suit

    TikTok and Meta Platforms can trim, but not escape, a lawsuit over the death of a teen who allegedly participated in a "subway surfing" social media challenge, a Manhattan judge ruled Friday, saying the complaint plausibly pleads the algorithms inundated the teen with dangerous "challenge" content he never sought.

  • June 27, 2025

    Gunmaker, Ammo Co. Sued In Ga. Over Exploding Cartridge

    A Georgia man is suing gunmaker Chiappa Firearms USA Ltd and ammunition supplier Olin Winchester LLC over permanent eye damage he sustained when a bullet unexpectedly exploded in a pistol he was target firing, according to a lawsuit recently removed to federal court.

  • June 27, 2025

    6th Circ. Vacates Class Cert. In GM Transmission Defect Suit

    The full Sixth Circuit on Friday unraveled class certification for drivers claiming General Motors LLC sold vehicles with defective transmissions that caused the cars to shudder and shake on the road.

  • June 27, 2025

    Tesla To Face Punitive Damages Claim At Trial Over Fla. Crash

    Tesla will face a punitive damages claim at trial next month in a wrongful death suit over a deadly collision in 2019, with a Florida federal judge saying there is enough evidence the carmaker knew about dangers associated with its autopilot system to send the claim to a jury.

  • June 27, 2025

    Sunbeam Says 'Reptile Theory' Tactics Doom $8.8M Verdict

    Sunbeam Products Inc. and parent company Newell Brands Inc. want a new trial in a case where a woman won an $8.8 million verdict on claims that a slow cooker made by the companies left her with burns, asserting that her attorneys committed misconduct aimed at using "Reptile Theory" to inflame the jury.

  • June 27, 2025

    Insurer Fights Cosmetic Co. Over Coverage For Pollution Row

    A Markel unit had no duty to defend a cosmetics company against prior water pollution claims simply because it agreed to defend a subsequent suit brought by the California attorney general, the insurer told a California federal court Friday.

  • June 27, 2025

    Recently Retired US District Judge Joins JAMS In Los Angeles

    Alternative dispute resolution service JAMS continues expanding its roster, announcing Thursday it has added a former California federal judge as one of its neutrals.

  • June 27, 2025

    Ghost Gun Seller Sued Over Deadly Philly Mass Shooting

    The parents of a victim of a 2023 mass shooting in the Kingsessing neighborhood of Philadelphia are suing a retailer they say sold the shooter parts to assemble a "ghost gun" version of an AR-15 in violation of Pennsylvania law.

  • June 27, 2025

    Idaho Justices Dismiss Suit Over Skier's Death On Slopes

    The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.

  • June 27, 2025

    Mass. Cannabis Labs Call Rival's Suit 'Publicity Stunt'

    Seven Massachusetts cannabis testing labs are asking a state court judge to toss out a lawsuit brought by a competitor accusing them of manipulating test results, with three of the defendants calling the complaint a "publicity stunt" driven by the plaintiff's declining market share.

  • June 26, 2025

    Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit

    Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.

  • June 26, 2025

    Bayer Investors' $38M Settlement Over Monsanto Deal OK'd

    A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."

  • June 26, 2025

    Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court

    Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."

  • June 26, 2025

    Grocer Drops Insurer From NC Opioid Coverage Suit

    A grocery chain and a Chubb unit told a North Carolina state court they've agreed to drop their insurance coverage claims against each other with prejudice over a raft of underlying opioid lawsuits.

  • June 26, 2025

    Volvo's US Unit Escapes Film Producer's Hearing Loss Suit

    The co-founder of Armory Films — the production company behind "The Peanut Butter Falcon" and "Fool's Paradise" — can't sue Volvo Car USA LLC for hearing loss suffered due to a purported defect in his vehicle's speakers, a Nashville federal judge ruled, saying the domestic company didn't manufacture the SUV so it can't be found liable under state law.

  • June 26, 2025

    5th Circ. Revives Biz Records Law, Citing Review Safeguard

    The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.

  • June 26, 2025

    Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit

    Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.

  • June 26, 2025

    Judge Casts Doubt On Plea Deals In Blood Test Defect Case

    A set of plea agreements between Massachusetts federal prosecutors and former Magellan Diagnostics executives has been thrown into uncertainty amid a dispute over whether the executives admitted to fraud related to defective blood tests or merely an intent to mislead, a question a judge said Thursday might be "a very expensive rabbit hole."

  • June 26, 2025

    Boeing Wins Discovery Stay In Chancery Derivative Suit

    Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.

  • June 26, 2025

    Kroger, Growers Sued Over Frozen Mango Contamination

    The Kroger Co., family-owned grower Townsend Farms Inc., SunOpta Grains and Foods Inc. and two unnamed corporations have been sued in Georgia federal court over allegations that a man developed a listeria infection after buying a frozen mango product from a Kroger in Douglasville, Georgia.

  • June 26, 2025

    Volvo EV Defect Causes Sudden Acceleration, Suit Says

    Volvo drivers filed a proposed class action in California federal court Wednesday alleging it concealed a latent systemic safety defect in some of its XC40 Recharge electric vehicles that cause them to behave erratically and dangerously, where they'd unexpectedly accelerate or lurch, even when drivers' feet are off the gas.

Expert Analysis

  • 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.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • 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.

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