Product Liability

  • October 16, 2026

    Fla. Court Won't Halt Fatal Crash Suit During Tesla Venue Bid

    A Florida state judge on Friday denied Tesla Inc.'s request to pause proceedings in a fatal crash lawsuit as the company appeals an order blocking transfer to a neighboring county, citing a trial that's tentatively scheduled to commence in a matter of weeks. 

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Baby Food Cos. Get ADHD, Autism Claims Cut From MDL

    A California federal judge granted summary judgment on Wednesday to baby food manufacturers including Gerber and Walmart, ruling that children diagnosed with autism and ADHD had no admissible expert evidence showing that lead and arsenic in the products caused their conditions.

  • October 15, 2026

    Boeing Beats Investment Fund's 737 Max Fraud Suit For Good

    An Illinois federal judge on Thursday permanently dismissed an investment fund's suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying the investment fund has again failed to show it can pursue claims despite never purchasing Boeing shares.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Tesla Says Mass. Fiery Death Crash Suit Has Repetitive Claims

    Tesla is looking to trim a wrongful-death lawsuit filed in Massachusetts federal court by a mother who claims her 20-year-old son burned alive while trapped inside a crashed 2021 Model Y, arguing that half of the claims are duplicative or can't stand independently.

  • October 15, 2026

    OptumHealth Can't Get Out Of PBM Cases In Opioid MDL

    The healthcare delivery arm of UnitedHealth Group's Optum division can't escape bellwether cases alleging pharmacy benefit managers contributed to the opioid epidemic, an Ohio federal judge ruled Thursday, finding a recent Sixth Circuit decision didn't alter the court's jurisdiction over related state-law claims.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Insurer Seeks To Curb Coverage For Talc Co. Asbestos Suits

    An insurer said it owes limited or no coverage to a mineral producer in lawsuits bringing claims of injuries caused by exposure to asbestos in talc that the company mined and distributed, telling a Vermont federal court it has already paid beyond its appropriate pro-rata share of defense and indemnity costs.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    GKN Says Insurers Owe Defense In Overheated Tank Suits

    GKN Aerospace Transparency Systems Inc. told a California federal court Thursday that its insurers are improperly refusing to honor their duty to defend the company in lawsuits and a civil investigation stemming from the overheating of a storage tank and subsequent evacuation of residents in Orange County.

  • October 15, 2026

    Calif. Pot Shop Escapes Suit Over Alleged Gummy Reaction

    A California appeals court threw out a man's fraud and unfair competition claims against a cannabis dispensary that sold him a gummy he said induced a panic attack, saying his complaint fails to indicate the dispensary or its employee knowingly misled him.

  • October 14, 2026

    Samsung Says Rival Leans On Fabricated 'Mini LED' Definition

    Samsung moved to dismiss a competitor's suit alleging it falsely markets some of its TVs as having Mini LED technology that provides a higher-quality picture, telling a California federal judge Tuesday the plaintiff wants her to adopt a "fabricated three-part definition" for Mini LED that only exists in the complaint. 

  • October 14, 2026

    Widow Says Free Speech Can't Shield OpenAI In Shooting Suit

    A widow who says ChatGPT helped a mass shooter plan the attack that killed her husband at Florida State University has told a federal court that OpenAI can't hide behind the First Amendment to shield its conduct.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    Paraquat Judge Demands To Meet 700 Opt-Out Plaintiffs

    The Illinois federal judge overseeing mass litigation claiming the herbicide paraquat causes Parkinson's disease ordered a plaintiffs' lawyer Wednesday to reveal who is funding his cases and to start attending fortnightly conferences so she can speak to each of his 700 clients who have opted out of a global settlement.

  • October 14, 2026

    Jury Says Homebuilder Owes $21.6M For Sewer Gas Exposure

    A Texas jury hit a Fort Worth homebuilder with a $21.6 million verdict after finding the company built plumbing vents that ended in the attic of a custom home, causing sewer gas exposure for the family that lived there and leading to lasting health issues.

  • October 14, 2026

    Roblox, Epic Say Minor Can't Buck Arbitration, Keep Gaming

    Roblox Corp., Epic Games Inc. and Microsoft Corp. are each asking a Pennsylvania federal judge to reconsider an order denying their bids to arbitrate a suit alleging their platforms addicted a minor to gaming, saying the minor can't disaffirm the arbitration agreement and keep using the platforms.

  • October 14, 2026

    Insurer Can't Dodge Igloo Cooler Injury Suit Coverage Row

    Several class actions alleging consumers were injured by defective handles on Igloo roller coolers triggered an insurer's duty to defend the company, an Illinois federal judge said Wednesday, denying most of the insurer's bid to toss the breach of contract claims against it.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Utz Sued Again Over Avocado Oil Potato Chip Labeling

    Utz was sued again Wednesday by customers who alleged in California federal court that they were misled into thinking its Boulder Canyon potato chips are cooked only with avocado oil, despite a recent UC Davis study that suggests the chips aren't consistent with a product containing only avocado oil.

Expert Analysis

  • FTC-Deere Deal Tells Cautionary Tale On Repair Access Limits

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    A recent proposed Federal Trade Commission antitrust settlement in Illinois federal court requires Deere & Co. to provide access to repair services previously available only to authorized dealers, and companies that limit access to aftermarket resources should ensure they can substantiate the reasoning behind any restrictions, say attorneys at Freshfields.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • 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.

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