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Product Liability
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
Product Liability Group Of The Year: Covington
Covington & Burling LLP helped Proctor & Gamble prevail in cold medicine multidistrict litigation and won a high-stakes baby formula trial for Mead Johnson in a plaintiff-friendly venue, earning it a spot among the 2025 Law360 Product Liability Groups of the Year.
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February 25, 2026
Lawsuit Over Recalled Lowe's Batteries Tossed, For Now
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC have, for now, beaten a proposed class action accusing them of selling lithium-ion batteries that caught fire, after an Illinois federal judge ruled that the buyer failed to point to any particular "promise regarding safety."
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
NJ Judge Trims J&J And Neutrogena Benzene Suit
A New Jersey federal judge has slashed state and common law claims in a multistate proposed class action alleging that acne cream produced by Johnson & Johnson Consumer Inc. and Kenvue Inc. contained a cancer-causing chemical without warning labels, saying the buyers' claims missed "a step" and were "circular."
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February 25, 2026
BP Says Wash. 'Odors' Suit Smells No Better 2nd Time Around
BP Products North America Inc. again urged a Seattle federal judge to reject a putative class action over fumes from the petroleum company's Cherry Point Refinery in Blaine, Washington, arguing the two named plaintiffs are poor representatives of the proposed class.
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February 25, 2026
Fungi-Nail Co. Says False Advertising Class Action Must Fail
Arcadia Consumer Healthcare Inc. on Tuesday urged a North Carolina federal judge to toss once and for all a proposed class action alleging that its Fungi-Nail product is falsely marketed as a treatment for nail fungus, saying that the plaintiff has tried and failed several times to point to specific statements that it treats the infection.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Mass. Town Targets Georgia-Pacific, Honeywell In PFAS Suit
A Massachusetts town has sued several industrial paper manufacturers in federal court, seeking to force the companies to pay for removal of forever chemicals that have contaminated the local water supply.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
Product Liability Group Of The Year: Jones Day
Jones Day last year successfully defended the entire U.S.-based firearm manufacturing industry in a $10 billion complaint filed by the government of Mexico that eventually made its way to the U.S. Supreme Court, one of several wins that earned the firm a place on the 2025 Law360 Product Liability Groups of the Year.
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February 24, 2026
YouTube-Watching Plaintiff Saw 17K Ads In 1 Year, Jury Hears
A YouTube executive testifying in a California bellwether trial over allegations the platform and Instagram harm children confirmed Tuesday that the company's data found the plaintiff viewed over 17,000 advertisements in one year, with her lawyer suggesting the number reflects that she spent an extraordinary amount of time on the platform.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Tesla Says Calif. DMV 'Baselessly' Called It A False Advertiser
Tesla asked a Los Angeles County Superior Court to vacate a California Department of Motor Vehicles order that it said "wrongfully and baselessly" labels the automaker a false advertiser for marketing its vehicles' "autopilot" function, calling the order "deeply flawed."
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February 24, 2026
Miller Lite Glass Injury Jury Will Hear That Bottle Was Emptied
A federal judge ruled Tuesday that jurors set to weigh injury claims by a Miller Lite drinker who swallowed glass will be told that he altered evidence out of the beer giant's presence.
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February 24, 2026
Meta Encrypted Messages At Expense Of Safety, Jury Hears
Meta made it harder to take action on conversations between predators and teens by instituting higher message encryption over the objections of the nation's child exploitation coordinating body, an executive of that group testified Tuesday in the New Mexico attorney general's mental health trial against the social media giant.
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February 24, 2026
High Court Won't Stay Dow Corning Breast Implant Fund Row
The U.S. Supreme Court on Tuesday denied a request to stay a lower court's order permanently wiping out the claims of more than 2,600 Koreans who said they were failed by how the settlement was structured, as they were given notice only in English regarding their claims.
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February 24, 2026
Trucking Biz Says Cummins Must Face Warranty Denial Suit
A trucking company has told a Michigan federal court it has evidence showing Cummins Inc. decided to cite dust damage to avoid repairing its broken-down engines before even checking inside them, arguing the court should not let the engine maker out of the proposed class action.
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February 24, 2026
Hyundai Braking System A 'Safety Hazard,' Class Action Says
Hyundai used "cheap" components in its automatic emergency braking system, causing its vehicles to erroneously detect objects that aren't there and suddenly brake in traffic, according to a California federal lawsuit which claims the system is a hazard.
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February 24, 2026
Novo Nordisk Wants Expert Cut From Hospital Insulin Pen Suit
Novo Nordisk on Tuesday asked a Connecticut federal judge to remove an expert witness's report and related testimony from an insulin pen contamination lawsuit, hoping a hospital's entire case fails once the expert's opinions are blocked.
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February 24, 2026
11th Circ. Notes Lack Of Info On Why Gun Fired In $2.3M Case
An Eleventh Circuit panel appeared concerned Tuesday about the viability of a more than $2.3 million verdict awarded to a Georgia man who was injured by an unintentional shot from his Sig Sauer pistol, expressing reservations about his lack of an affirmative explanation for how the gun went off.
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February 24, 2026
Firm Ordered To Show Proof In Google Teen‑Harm Fee Fight
A Florida federal judge has ordered an Orlando firm to submit documents substantiating its claims that it is owed a cut of a pending settlement in a suit accusing Google LLC and a chatbot company of causing the suicide of a teen, after a former attorney said the firm's claims were "baseless."
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February 24, 2026
House Votes Down Aviation Safety Bill After DCA Collision
The House on Tuesday defeated legislation that would've mandated aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.
Expert Analysis
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.