Product Liability

  • October 09, 2026

    Vape Cos. FDA Suit On Hold As Agency Reviews Policy

    A Texas federal court has granted a joint motion to stay litigation by an Altria Group Inc. vape subsidiary challenging the U.S. Food and Drug Administration's premarket authorization rule, pausing proceedings while the FDA pursues rulemaking to replace the challenged framework.

  • October 09, 2026

    Cannabis Wholesaler Settles Conn. AG's Consumer Claims

    A wholesaler that allegedly supplied Connecticut stores with high-potency cannabis products has agreed to settle a state enforcement action for $2 million and a promise not to operate without a license, according to a stipulated judgment Thursday.

  • October 09, 2026

    Apple Faces Trimmed Down BIPA Trial Over Faceprint Claims

    An Illinois federal judge has ruled Apple must face a jury over claims its Photos app unlawfully collects Illinois users' faceprints, rejecting the company's argument that encryption shields it from liability under the state's biometric privacy law but scrapping claims over cropped facial images.

  • October 09, 2026

    Kimberly-Clark Says Huggies 'Hypoallergenic' Claim Is True

    Kimberly-Clark Corp. is urging a New York federal court to throw out a woman's suit alleging that Huggies diapers are falsely advertised as hypoallergenic, saying she's stretching the word too thin to make her case.

  • October 09, 2026

    Eli Lilly Lobs 4 Suits Alleging Illegal Weight Loss Drug Sales

    Eli Lilly and Co. has sued an Arizona weight loss clinic and three online sellers, alleging they are illegally selling products containing the pharmaceutical giant's investigational molecule that has not yet been approved for use in any drug, endangering consumers in a mockery of safety guidelines.

  • October 09, 2026

    IVF Genetic Test Class Can't Prove Inaccurate Results

    A New Jersey federal judge has thrown out a proposed class action alleging a genetic testing company misled consumers about the accuracy of in-vitro fertilization patient tests, ruling the plaintiffs failed to show they actually received inaccurate results.

  • October 09, 2026

    Anti-SLAPP Law Doesn't Tank Firm Breakup Case, Judge Says

    A Connecticut trial attorney and his new firm cannot invoke the state's anti-SLAPP law to dismiss claims brought by his former law partner, a state court judge held Thursday in one of multiple lawsuits stemming from Connecticut Trial Firm LLC's dissolution less than two years after it gained prominence with a record-setting personal injury verdict.

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 08, 2026

    Roundup Is The Cancer Culprit For 3 Plaintiffs, Jury Hears

    A prominent oncologist testified Thursday that Roundup use is the factor responsible for the blood cancers of three plaintiffs, including one "without any risk factors" other than her use of the Monsanto pesticide.

  • October 08, 2026

    Boeing Plaintiffs Seek Board, Exec Records In Door-Plug Suit

    Passengers suing The Boeing Co. over the 2024 blowout of an aircraft door panel urged a Washington state judge to force the aerospace giant to hand over documents that allegedly tie the incident to decisions made at the company's former headquarters in Illinois.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    Kratom Cos. Say Baltimore Overreached With Marketing Suit

    Three kratom sellers and distributors are asking a Maryland federal court to throw out a suit from the city of Baltimore alleging they misled consumers about the addictive nature of kratom, and saying the city is trying to step into enforcement shoes that are meant to be filled by state actors.

  • October 08, 2026

    DA Looks To Stifle Subpoena In NC Digital Court Class Claims

    A local district attorney is seeking to quash a subpoena in a proposed class action alleging glitches in North Carolina's electronic court system led to scores of individuals being wrongfully arrested or detained, calling the request "overly broad" and "unduly burdensome."

  • October 08, 2026

    IP Rights Group Urges Against Litigation Funding Disclosure

    An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    Oil Co. Moves To Toss Landowners' Well Cleanup Claims

    Colorado landowners who won class certification in a federal suit accusing an oil and gas company of transferring well rights to avoid cleanup obligations faced the company's bid to dismiss court-ordered cleanup claims, with the company saying the landowners cannot show that any court order would result in the wells being plugged.

  • October 08, 2026

    Amazon Sued Over Child And Woman's Fire Pit Fuel Burns

    A minor and a family friend are suing Amazon.com Inc. in a New Jersey state court, alleging they were severely burned when a defective fueling bottle for a tabletop fire pit experienced "flame jetting" while the fire pit was being refueled.

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 07, 2026

    Florida AG Seeks To Force Meta To Curb Addictive Features

    The Florida attorney general Wednesday asked a state court to compel Meta Platforms Inc. to impose age verification measures and curb addictive features, saying that a recent $17.1 billion settlement with other state attorneys general shows that the social media giant can do so.

  • October 07, 2026

    House, Senate Dems Pitch Plans To Clamp Down On AI Harms

    A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

  • October 07, 2026

    Ill. Widow Sues Over Fatal 'Projectile' Whipped Cream

    Walmart, Sam's Club and an Illinois container company are facing Illinois state wrongful death claims from a widow who claims they sold whipped cream in a defective cannister that exploded after falling from her fridge and contributed to her husband's premature death.

  • October 07, 2026

    JPML Consolidates Nevro, Abbott Spinal Cord Device Suits

    The Judicial Panel on Multidistrict Litigation has created separate MDLs over purportedly defective spinal cord stimulators manufactured by Nevro LLC and Abbott Laboratories, rejecting the manufacturers' arguments that the cases' plaintiffs do not share enough common factual questions to warrant consolidation.

  • October 07, 2026

    Alito Explains Recusal But Says It Shouldn't Become Practice

    U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

  • October 07, 2026

    Zoetis Says Horse Owners Must Abide Deal To End Death Suit

    Zoetis Inc. on Wednesday asked a Pennsylvania federal court to enforce a confidential settlement with the owners of a 3-year-old racehorse that they alleged died after receiving one of Zoetis' antibiotics, saying the plaintiffs can't ignore the agreement and their own counsel.

Expert Analysis

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • And Now A Word From The Panel: MDL Judge Selection

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    To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

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