Product Liability

  • May 09, 2025

    Boeing, Alaska Air Can't Dodge Outrage Claim In Blowout Suit

    A Washington state court judge has rejected attempts by Boeing and Alaska Airlines to dismiss claims for outrage brought by nearly 40 passengers over a harrowing door-plug blowout during a 737 Max flight in January 2024.

  • May 09, 2025

    SoCal Edison Sued Over Eaton Fire Toxins That Harm Kids

    Los Angeles Eaton Fire victims have hit Southern California Edison with another proposed class action in California state court, seeking to hold the utility liable for "an environmental catastrophe" caused by the fire, which allegedly continues to expose locals and their children to lead, asbestos and other highly toxic substances.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Nestle Sued Over Sugar In 'Natural' San Pellegrino Drinks

    Nestle USA is misleadingly and unlawfully touting its San Pellegrino sparkling fruit beverages as healthy and "natural" despite the carbonated drinks containing up to 26 grams of added sugar per can, according to a proposed class action filed in California federal court by two Golden State consumers.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling

    Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    AMAG Inks $7.5M Deal In Suit Over Preterm-Birth Drug

    AMAG Pharmaceuticals has agreed to pay $7.5 million to resolve a group of women's proposed class action accusing it of misleading consumers into believing one of its drugs reduced the risk of preterm births, according to a motion filed Thursday seeking a New Jersey federal court's preliminary approval of the deal.

  • May 08, 2025

    Class Attys Awarded $15M In $50M GM Faulty Fuel Pump Deal

    A Michigan federal judge has given the final stamp of approval to a $50 million settlement resolving a class action that accused General Motors of selling diesel-powered trucks with defective fuel pumps, and awarded the consumers' lawyers $15 million in fees.

  • May 08, 2025

    Colo. Court Sets Next Toxic Tort Bellwether For January

    Two more plaintiffs suing a Colorado medical sterilization company will try their claims that emissions from the company's facility caused their cancer, during a second bellwether trial to begin in January 2026, according to a Colorado state judge's order Thursday.

  • May 08, 2025

    Counterfeit Goods Hit $467B Globally In 2021, Report Says

    Counterfeit and pirated goods accounted for $467 billion in global trade in 2021, reflecting a slight increase from pre-pandemic levels, according to a report from the Organization for Economic Cooperation and Development and the European Union Intellectual Property Office.

  • May 08, 2025

    Bayer Says Wash. Law, FDA Preempt IUD Defect Allegations

    Bayer Corp. is asking a Washington federal court to throw out a woman's suit seeking to hold the company liable after one of its Mirena-brand IUDs failed and migrated to her abdominal cavity, asserting that Washington law preempts her claims and that the company had already provided warnings about the risks of using it.

  • May 08, 2025

    Judge Says No French Connection In L'Oreal Hair Relaxer MDL

    An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.

  • May 08, 2025

    Albertsons Says Counties Have 'Paradoxical Status' In MDL

    A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.

  • May 08, 2025

    Delta Passenger Sues Over Hot Water Spill Incident

    A Delta Air Lines Inc. passenger burned by hot water midflight says flight attendants brushed off her pain instead of seeking medical assistance, and that the beverage served was "excessively hot," according to a lawsuit filed in Michigan federal court on Thursday.

  • May 08, 2025

    NJ Transit Must Face Suit Over Light Rail Crossing Death

    A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.

  • May 08, 2025

    NC Failed To Act On PFAS Pollution, Chemours, EIDP Say

    Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.

  • May 08, 2025

    Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing

    The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.

  • May 08, 2025

    Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.

    A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.

  • May 08, 2025

    Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told

    Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.

  • May 08, 2025

    Wash. Justices Uphold Ban On Large-Capacity Gun Magazines

    The Washington State Supreme Court on Thursday said that a state law banning the sale of large-capacity magazines for firearms was constitutional, in an opinion that said the law was not in conflict with recent U.S. Supreme Court rulings expanding gun rights.

  • May 08, 2025

    Pa. Panel Backs $175M Roundup Verdict Against Monsanto

    Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.

  • May 08, 2025

    Trulieve Wants Cannabis Concentrate Potency Suit Tossed

    A group of cannabis companies and sellers led by Trulieve Holdings Inc. on Wednesday asked an Arizona federal court to throw out a man's claim that they mislabel cannabis edibles as concentrates to get around state THC limits, saying he has no standing to sue and the products are exactly what they are labeled as.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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