Product Liability

  • May 27, 2026

    Cummins Beats Emissions Derivative Suits, For Now

    An Indiana federal judge on Wednesday dismissed consolidated shareholder derivative litigation alleging engine manufacturer Cummins Inc.'s top executives breached their fiduciary duties by overseeing a scheme to rig vehicles with emissions-cheating software, prompting $2 billion in penalties to settle regulators' claims concerning Clean Air Act violations.

  • May 27, 2026

    Pharmacies Beat Fla. Hospitals' Opioids Suit

    A Florida state judge has handed Walmart, Walgreens and CVS a win in a fight with hospitals over treatment of opioid-addicted patients, finding the hospitals cannot recover damages under state racketeering law because their injuries are indirect.

  • May 27, 2026

    Pharmacies Hit With Injunction In Gilead Counterfeit Drug Row

    A New York federal judge has issued a preliminary injunction blocking a pair of Queens pharmacies from selling any human immunodeficiency virus medications that bear the Gilead name or the name of two of its products.

  • May 27, 2026

    NJ Justices Revive Eye Injury Suit For 'Gatekeeping' Test

    The Supreme Court of New Jersey revived a woman's suit alleging she suffered serious eye injuries because of a defect in Allergan USA Inc.'s product Ozurdex, ruling Wednesday that the trial court failed to conduct the gatekeeping inquiry required when there is a dispute over the reliability of expert testimony.

  • May 27, 2026

    Roundup Plaintiffs Say $7.25B Deal Belongs In State Court

    A proposed class of Roundup users is urging a Missouri federal court to send their $7.25 billion settlement with Monsanto back to state court, calling the "frivolous" removal by objectors a "sham" that can't stand up in the face of court rules and the law.

  • May 27, 2026

    Michigan Residents Sue AI Data Center Over Alleged 24/7 Noise

    Two western Michigan residents have filed a proposed class action accusing the operator of a data center used for artificial intelligence and bitcoin mining of subjecting nearby homeowners to constant industrial noise, claiming it disrupts daily life and reduces property values.

  • May 27, 2026

    Toyota Settles Fatal 'Smart Key' Suit Just Before Trial

    Toyota has settled a lawsuit over the fatal carbon monoxide poisoning of a man who accidentally left his 2017 Tacoma running in his attached garage, just before trial was set to start on his wife's claims that buyers weren't warned about risks associated with the truck's keyless ignition system.

  • May 26, 2026

    Sunbeam Sold Exploding Pressure Cookers, Fla. Jury Told

    Three individuals are seeking to hold Sunbeam Products Inc. and its parent company liable for serious burn injuries caused by exploding pressure cooker lids, telling a Florida federal jury Tuesday that the company continued selling a defective product without alerting the public. 

  • May 26, 2026

    AGs Say House Child Safety Bill Weakens States' Authority

    A group of 44 attorneys general for states including California, New York, New Jersey and Michigan have created a coalition opposing the House version of the Kids Internet and Digital Safety Act, H.R. 7757, and signed a letter to congressional leaders pointing out the shortcomings of the bill.

  • May 26, 2026

    Kia Sued Over Defect Causing Dash Screens To Go Blank

    A proposed class of drivers is suing Kia America Inc. in California federal court, alleging its 2023-2025 Kia Telluride vehicles have a latent defect that causes the digital dashboard screen to go blank, depriving drivers of important information such as speed, safety alerts and gears.

  • May 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of cross-border corporate control disputes, merger settlements, startup equity fights, advancement claims and board oversight litigation, while also weighing fallout from high-profile deals involving Microsoft Corp., The Boeing Co. and Nikola Corp.

  • May 26, 2026

    9th Circ. Ruling Must End Land Transfer Suit, Copper Co. Says

    Resolution Copper Co. is asking a federal court to dismiss an amended religious freedom and constitutional challenge to a Tonto National Forest 2,500-acre land exchange that includes an ancient Apache worship site, arguing it recycles claims that the Ninth Circuit and U.S. Supreme Court have already rejected.

  • May 26, 2026

    Late Notice Dooms Heat Pad Maker's Fed. Court Removal Bid

    Heating pad maker Sunbeam Products must litigate an Illinois customer's burn suit in state court where it was initially filed, because 29 days was too long to wait before telling the state court it removed the case, a federal judge ruled.

  • May 26, 2026

    Cummins Investors' $1.6M Emissions Suit Deal Gets Final OK

    Engine manufacturer Cummins Inc. and its investors have received final approval of a $1.6 million deal ending claims the company hurt investors by hiding emissions control devices in certain engines, causing it to owe $2 billion in payments to regulators to settle Clean Air Act claims.

  • May 26, 2026

    5th Circ. Won't Rehear DOJ's Dropped Boeing Criminal Case

    The Fifth Circuit won't rehear appeals from the families of the victims of two fatal Boeing 737 crashes seeking to reverse the U.S. Department of Justice's dismissal of its criminal fraud case against the company, saying it has no jurisdiction to review the dismissal.

  • May 26, 2026

    High Court Won't Hear Meta Appeal In Vt. AG Suit

    The U.S. Supreme Court on Tuesday passed on Meta's appeal in the Vermont state attorney general's suit alleging that the social media giant designed its platforms to be addictive to young people at the cost of their mental health.

  • May 26, 2026

    Beasley Allen Fails To Overturn J&J Talc Disqualification

    A New Jersey federal judge affirmed the Beasley Allen Law Firm's disqualification from multidistrict litigation over Johnson & Johnson's talcum powder on Tuesday, determining that the firm has failed to provide a valid reason to back its attempt at a stay and temporary reinstatement into the matter.

  • May 26, 2026

    Pa. Justices Say Late Asbestos Suits Can't Reach Parent Co.

    The Pennsylvania Supreme Court has ruled that employees of a former shipbuilding company are too late to bring their asbestos-related lawsuits, so they can't pierce the corporate veil and seek damages against its parent company.

  • May 26, 2026

    Justices Deny Fla.'s Bid To Sue Calif., Wash. In Trucking Fight

    The U.S. Supreme Court on Tuesday spurned Florida's bid to file suit alleging California and Washington state flouted federal law by allowing unauthorized immigrants to obtain commercial driver's licenses, but dissenting Justices Clarence Thomas and Samuel Alito said the high court "cannot refuse to hear suits between states."

  • May 26, 2026

    High Court Won't Hear Union Carbide Emissions Row

    The U.S. Supreme Court on Tuesday declined to take up Union Carbide Corp.'s appeal of a Fourth Circuit decision that revived a West Virginia woman's proposed class action over a manufacturing plant jointly owned with Covestro LLC that allegedly exposed nearby residents to ethylene oxide.

  • May 26, 2026

    Justices Rebuff Ohio Freight Broker Case After Montgomery

    The U.S. Supreme Court on Tuesday rebuffed Ohio-based freight broker Total Quality Logistics LLC's bid to invoke federal law to shield it from state-based negligence and personal injury claims over a fatal 2019 accident.

  • May 26, 2026

    Justices Won't Review Mining Co.'s Federal Indemnity Bid

    The U.S. Supreme Court on Tuesday declined to tackle a uranium mining company's lawsuit seeking $15 million in legal costs from the federal government related to nuclear contamination liabilities.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    $7.25B Roundup Deal Had 'Lack Of Adversity,' Objectors Say

    Thirteen individuals who say they developed non-Hodgkin lymphoma after using Roundup for years objected to a $7.25 billion settlement over the herbicide, telling a Missouri federal court Friday that the underlying class action was launched not to litigate active claims but to "launder a liability-management scheme through the courts."

  • May 22, 2026

    PFAS Judge Wary Of Bid To Sanction Town For 'About-Face'

    A Montana federal judge on Friday seemed slightly reluctant to sanction Connecticut municipalities for moving firefighter turnout gear PFAS claims to his jurisdiction after roughly two years of litigation on the East Coast, suggesting the process of shipping purchaser claims across the nation is typical when complex cases arise.

Expert Analysis

  • PFAS OUT Cannot Replace Broad Drinking Water Protections

    Author Photo

    The U.S. Environmental Protection Agency's PFAS OUT initiative may help water systems deal with two specific per- and polyfluoroalkyl substances before federal compliance deadlines arrive, but it is no substitute for broader protections the EPA is withdrawing — and in PFAS litigation, that distinction could be important, says David Meldofsky at Lawsuit Informer.

  • How Food, Beverage Claims May Preview Cosmetic Litigation

    Author Photo

    Class action litigation targeting cosmetics and personal care products is accelerating, with a playbook that comes from the food and beverage industry — and the defenses that succeeded, and failed, in past class actions offer a critical road map for beauty and personal care brands, say attorneys at Crowell.

  • 5 Trial Lessons You Learn By Losing

    Author Photo

    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • PFAS Study Is Wake-Up Call For Pet Food Companies

    Author Photo

    As standards around per- and polyfluoroalkyl substances continue to evolve, a new study revealing that PFAS have found their way into many brands of pet food is a warning to the industry to reexamine the contents and marketing of their products in the face of increasing regulatory and litigation exposure, say attorneys at MG+M.

  • Series

    Officiating Football Makes Me A Better Lawyer

    Author Photo

    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

    Author Photo

    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

    Author Photo

    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • The Role Of Operational Data In Tech Platform Liability Suits

    Author Photo

    As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

    Author Photo

    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

    Author Photo

    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What Cos. Should Look For As Minn. Plans PFAS Product Ban

    Author Photo

    As regulators finalize rulemaking for Minnesota's sweeping restrictions on per- and polyfluoroalkyl substances in consumer and commercial products, manufacturers, importers, distributors and retailers should pay attention — especially to how the pathway for essential use exemptions ends up being defined, say attorneys at Alston & Bird.

  • 5 Key Questions Attys Should Ask About Statistical Analyses

    Author Photo

    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • Microplastics On Water Contaminant List Could Spur Claims

    Author Photo

    The U.S. Environmental Protection Agency's proposal to include microplastics in its draft sixth Contaminant Candidate List under the Safe Drinking Water Act could influence consumer fraud claims and enforcement by state attorneys general, as well as claims against manufacturers from entities facing regulatory compliance costs, says Arie Feltman-Frank at Jenner & Block.

  • 'Made In America' EO May Not Survive Section 230

    Author Photo

    President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

  • 7 Mistakes To Avoid When Using Trial Graphics

    Author Photo

    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.