Product Liability

  • May 04, 2026

    Feds Say Challenge To Drilling Near SD Worship Site Baseless

    The U.S. Forest Service is fighting three Indigenous rights and conservation nonprofits' bid to undo its streamlined approval of exploratory drilling within Black Hills National Forest that they say will harm a sacred worship site, arguing to a South Dakota federal court that the groups' allegations are just speculation.

  • May 04, 2026

    Split 7th Circ. Refuses To Revive Kohl's Consumer Arbitration

    The Seventh Circuit has declined to revive arbitration claims against Kohl's over alleged false discounts that were nixed by the American Arbitration Association after the department store chain refused to register its arbitration agreement, a prerequisite for the claims to proceed.

  • May 04, 2026

    Texas Officials Say They're Immune In Camp Mystic Suit

    A group of Texas state officials is urging a federal court to dismiss a suit seeking to hold them liable for the deaths of nine people in the July 2025 flooding at Camp Mystic, saying the claims are blocked by qualified immunity.

  • May 04, 2026

    Fla. Contractor Says Policy Covers Defective Door Death Suit

    A Florida contractor is urging a federal judge to dismiss an insurer's complaint claiming it has no duty to defend the company in a wrongful death suit, saying the policy covers claims in the underlying case and arguing that parallel state court cases are better positioned to resolve the dispute. 

  • May 04, 2026

    Meta Owes $3.7B For 'Public Nuisance,' NM AG Tells Judge

    New Mexico's attorney general urged a state court Monday to order Meta to pay $3.7 billion to address the "public nuisance" caused by its apps, after a jury previously found the social media giant misrepresented harms to underage users.

  • May 04, 2026

    Oil Giants Say Mich. AG's Climate Antitrust Suit Is DOA

    Global oil giants and an industry group have said Michigan Attorney General Dana Nessel has no basis to allege they conspired to restrict renewable energy and delay the transition away from fossil fuels in violation of federal antitrust laws.

  • May 04, 2026

    Supplement Co. Says False Labeling Plaintiff Never Saw Ads

    The maker of Thesis Nootropics supplements is asking a New York federal court to throw out claims that it falsely advertises its products as ADHD medications, saying the plaintiff hasn't sufficiently alleged she ever saw the advertisements or even used the products.

  • May 04, 2026

    Cannabis Co. Must Add THC Warnings In Calif. Edibles Deal

    A Los Angeles cannabis-infused edibles producer has agreed to pay $50,000 to end a Proposition 65 lawsuit accusing the company of deliberately hiding the state-required warning with a peel-back product label, with most of the money going to the plaintiff's lawyer.

  • May 04, 2026

    Justices Rebuff BNSF Bid To Curb Post-Mallory Forum Shopping

    The U.S. Supreme Court on Monday declined to hear BNSF Railway Co.'s challenge to a Minnesota business-registration law that the rail giant contends was improperly invoked to haul it into state court by an out-of-state plaintiff over alleged out-of-state harms.

  • May 01, 2026

    Judge, Atty Get In Shouting Match At Fatal Overdose Trial

    Tensions boiled over in a Philadelphia courtroom Friday at the end of an emotionally fraught trial over a man's fatal opioid overdose, with a judge and lawyer shouting at each other about how to figure out an inconclusive verdict spurred by a seemingly confused juror.

  • May 01, 2026

    Callaway Takes A Swing At Rival's 'Tortured' False Ad Suit

    Callaway Golf Co. asked a California federal court to throw out claims it has run a disparaging smear campaign portraying TaylorMade Golf Co.'s products as poorly performing, calling the suit "a tortured effort to chill competition."

  • May 01, 2026

    Amazon Accused Of Selling Kids Sunscreen With Lead

    Consumers on Thursday hit Amazon with a proposed class action in Washington federal court alleging that children's sunscreens it sells are contaminated with heavy metals such as lead and that its artificial intelligence shopping assistant Rufus doesn't disclose details about the product ingredients.

  • May 01, 2026

    Fla. Jury Hears Menthol Smoker Succumbed To Addiction

    A Florida jury heard in opening arguments Friday that a woman who died of lung cancer after smoking R.J. Reynolds cigarettes was a victim of the severely addictive nature of nicotine, something her lawyers said even the U.S. surgeon general didn't acknowledge until 1988.

  • May 01, 2026

    Texas High Court Revives Delta-8 THC Restrictions

    The Lone Star State's health commissioner has the power to ban manufactured delta-8 THC goods, the Texas Supreme Court ruled Friday, lifting a lower court's order that had allowed hemp companies to keep selling these products while they sued the state.

  • May 01, 2026

    What To Watch For As Meta Stares Down NM Injunction Trial

    The attorney general who convinced a jury to penalize Meta Platforms Inc. $375 million for teen mental health harms now faces a critical follow-up bench trial to fight for a suite of court orders that Meta claims would force "a different Instagram to exist in New Mexico."

  • May 01, 2026

    Boeing, DOJ Say No Need For Full 5th Circ. Review Of NPA

    Boeing and the federal government have said the full Fifth Circuit doesn't need to revisit a panel's decision declining to upend the U.S. Department of Justice's nonprosecution agreement with Boeing closing out allegations the American aerospace giant conspired to defraud safety regulators about its 737 Max jets.

  • May 01, 2026

    Sioux Tribes Fight Black Hills Mining Plan Over Sacred Land

    Nine Sioux Nations are asking a South Dakota federal court to block the approval of exploratory drilling in the Black Hills National Forest, saying the federal government didn't consider the potential effects the project will have on a sacred Indigenous worship site that contains hundreds of cultural properties.

  • May 01, 2026

    Boeing 737 Max Judge Delays Ruling On Punitive Damages

    A Washington state judge overseeing Boeing 737 Max passengers' consolidated lawsuit over the 2024 blowout of an aircraft door panel agreed Friday to delay ruling on the company's motion to preclude punitive damages, allowing the plaintiffs an opportunity to conduct further discovery into management's alleged role in the incident.

  • May 01, 2026

    Exxon, Widow End Suit Over Cancer Death Linked To Benzene

    The widow of a former gas station and industrial worker on Friday dropped her suit alleging ExxonMobil Corp.'s benzene-containing products caused her late husband's fatal cancer, according to a joint motion.

  • May 01, 2026

    How Paul Clement Does It All

    For most lawyers, getting to argue before the U.S. Supreme Court is a once-in-a-lifetime event, but for a select few, it's a common occurrence. Clement & Murphy PLLC name partner Paul Clement is one of those lawyers. 

  • May 01, 2026

    Supplier Says Travelers Must Cover Nestle Defect Claims

    An industrial equipment supplier accused of providing defective compressed air piping materials for the construction of a facility owned by Nestle told a North Carolina federal court that two Travelers units must defend and indemnify it in connection with the underlying claim.

  • May 01, 2026

    Creek Nation Fights Dismissal Bids Over Alabama Burial Site

    The Muscogee Creek Nation is asking a federal district court to reject motions to dismiss its challenge over an excavated sacred burial site in Alabama, arguing that its sister tribe's claims of immunity in the long-running dispute fail under state and federal law.

  • May 01, 2026

    Nelson Mullins Hires Career Faegre Drinker Pharma Trial Atty

    Nelson Mullins Riley & Scarborough LLP has expanded its bench of trial attorneys with a lawyer who represents pharmaceutical and medical device companies in product liability, consumer fraud and class action matters.

  • April 30, 2026

    Judge Gives $27M Settlement Final Nod In DuPont PFAS Case

    A New York federal judge has granted final approval to a $27 million deal between DuPont and the Hoosick Falls residents who claimed the company's chemicals contaminated their drinking water for years, damaging their property values and leaving toxic levels of "forever chemicals" in their blood.

  • April 30, 2026

    Wash. Tribes Beat Big Oil's Bid To Dismiss Climate Suits

    A Washington state judge refused on Wednesday to dismiss two Native American tribes' lawsuits accusing ExxonMobil, Chevron and other major oil companies of concealing climate change risks related to fossil fuels, rejecting the companies' arguments that federal law blocks the tribes' claims.

Expert Analysis

  • When MDLs Drag, State Courts Can Speed Mass Tort Results

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    Understanding the structural dynamics that can delay resolution in multidistrict litigation is essential to understanding why a state court strategy is sometimes not merely attractive, but necessary for plaintiffs seeking timely and just outcomes, say attorneys at DiCello Levitt.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • Leveraging MDLs And State Courts In Mass Tort Strategy

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    Multidistrict litigation's quiet drift from a pretrial coordination device to a de facto national court for mass torts poses a strategic question for plaintiffs counsel — whether an MDL will yield timely trials, meaningful accountability and fair value for clients, or whether a state court strategy will be more effective, say attorneys at DiCello Levitt.

  • PFAS Risks In M&A Amid Litigation, Legislative Developments

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    Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state laws, and potential buyers must find ways to evaluate potential related risks, say attorneys at Debevoise.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Social Media Trial Raises Key Product Safety Questions

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    The trial underway in a California state court against Meta and Google is unprecedented, because it marks the first time a jury has been asked to consider whether social media platforms' engagement-maximizing design can be treated as a product safety issue, or whether it is inseparable from protected expression, says Gary Angiuli at Angiuli & Gentile.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What New Packaging Waste Laws Mean For Franchisors

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    With states ramping up laws establishing extended producer responsibility programs for packaging materials, paper products and single-use food service ware, restaurant and hospitality franchisors face special compliance challenges as they navigate a delicate balance between conflicting priorities, say attorneys at Baker McKenzie.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

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