Product Liability

  • 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.

  • October 07, 2026

    5th Circ. Won't Revive Suit Against Dishwasher Water Rule

    The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.

  • October 07, 2026

    BMW Beats X5 Transmission Defect Suit, For Now

    BMW has defeated for now a proposed class action alleging it knew about a transmission component defect causing some of its cars to jerk and shudder but refused to cover repair costs, with a New Jersey federal judge saying Wednesday the allegations are insufficient to infer BMW knew about any defect.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Vape Group, Makers Want In On FDA E-Cig Enforcement Suit

    A vape industry group and a pair of manufacturers are asking a Maryland federal court to let them intervene on the side of the federal government in a suit by health groups challenging new guidance on enforcement priorities for new tobacco products.

  • October 07, 2026

    Roblox Says Suicide Suit Must Be Arbitrated Or Dismissed

    Roblox Corp. is asking a Kentucky federal judge to send to arbitration a mother's suit alleging her teenage daughter died by suicide as a result of using the platform, saying both the child and her parents repeatedly agreed to an arbitration clause in its terms of service, and that it is immune from liability for third-party content.

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    Roundup Expert Admits EPA Clear On Overall Lack Of Harm

    A toxicologist testifying in the latest Roundup trial acknowledged Tuesday that the U.S. Environmental Protection Agency's exhaustive 2017 review of glyphosate science found that the balance of the evidence didn't support a link between glyphosate and human cancer.

  • October 06, 2026

    Tesla Defect Sparked Garage Fire, Insurer Says

    Tesla Inc. has been hit with product liability claims in Illinois state court by an insurer looking to recoup the money it paid a policyholder whose Model X was deemed a total loss after an electrical defect caused the vehicle to catch file while charging.

  • October 06, 2026

    Travelers Says Silica Exclusions Bar Toxin Suits Coverage

    The insurer Travelers has urged a California federal court to dismiss a case alleging it improperly denied coverage to a tile and slab distributor for more than 450 personal injury and wrongful death suits, saying the policies bar coverage for injuries related to the underlying toxin exposure allegations.

  • October 06, 2026

    7th Circ. Told Boeing Investors Fail 'Comcast' Cert. Test

    The U.S. Chamber of Commerce is among those backing Boeing's call to the Seventh Circuit to overturn class certification in a case accusing the aerospace firm of misleading investors about the safety of its 737 Max fleet, arguing that the certification is dependent on a damages model that the U.S. Supreme Court and Fourth Circuit have rejected.

  • October 06, 2026

    GM Faces Class Claims Over SUV Brake Systems

    Certain 2025 Chevrolet, GMC and Buick vehicles have defective master brake cylinder assemblies that can fail suddenly, causing severe safety hazards, according to a proposed class action brought against General Motors LLC in Pennsylvania federal court Tuesday.

  • October 06, 2026

    'Where's The Quinoa?' Mars Customer's False Ad Suit Asks

    Mars Foods misrepresents that one of its Seeds of Change rice and quinoa products is primarily made with quinoa, when the ingredients list shows quinoa is actually less than 2% of the product, a proposed false advertising class action alleges in California federal court.

  • October 06, 2026

    Quill & Arrow Says Ford Fee Fraud Claims Lack Details

    Quill & Arrow LLP has urged a California federal judge to reject Ford Motor Co.'s lawsuit alleging the personal injury firm saddled it with high-priced legal bills for work purportedly handled by overseas virtual assistants or nonlawyers, saying the automaker offers little evidence to support its rehashed claims.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Texas Justices To Review Law Firms' Paxil Fees Fight

    The Texas Supreme Court has agreed to wade into a battle between two law firms over fees generated from litigation involving the antidepressant Paxil, with the dispute centering on application of the personal injury exemption in the state's anti-SLAPP statute.

  • October 06, 2026

    Kratom Maker Can't Ditch Buyer's Addiction False Ad Suit

    A New York federal judge won't let Mitra-9 Brands LLC escape a suit over its kratom products, saying the complaint sufficiently alleges that it knew about the addictive qualities of those products but didn't warn consumers.

  • October 06, 2026

    Justices Won't Hear Ex-Theranos Exec's Conviction Challenge

    The U.S. Supreme Court has declined to hear an appeal by Ramesh "Sunny" Balwani, former executive of the blood-testing startup Theranos, of his criminal fraud conviction and nearly 13-year prison sentence,

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    AppLovin Skirts Controls To Show Kids Explicit Ads, Suit Says

    The county of San Diego lodged a lawsuit Monday alleging digital advertising platform AppLovin Corp. strips away parental controls meant to shield children from sexual and violent material in order to steer graphic ads to children and harvest their sensitive information to train its artificial intelligence.

  • October 05, 2026

    Roundup Evidence Strong In Every Research Area, Jury Hears

    A jury weighing cancer claims against Monsanto heard testimony Monday that scientific research shows a "strong" link between glyphosate and cancer in animal, molecular and human epidemiological studies, even when accounting for participants' exposure to other substances.

  • October 05, 2026

    Oil Giants Seek 2029 Trial In Wash. Tribes' Climate Harm Suits

    Oil giants Exxon, Chevron, Shell and others are at odds with two Native American tribes over when to schedule a trial in the tribes' consolidated lawsuits in Washington state court accusing the companies of downplaying the risks of climate harm.

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Unsure Climate Lawsuits Are A Constitutional Matter

    U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

Expert Analysis

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Gatorade Suit Offers Lessons On Product Performance Claims

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    A proposed class action in New York federal court disputing PepsiCo's claim that Gatorade "hydrates better than water" presents a broad challenge to the way food and beverage companies communicate product benefits — and the risks that arise when marketing claims outpace the evidence supporting them, says Pejman Javaheri at Juris Law Group.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Colorado's New Chatbot Law May Be Defined By Its Carveouts

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    What makes Colorado's conversational artificial intelligence service law worth close attention is what it leaves out, so a thorough scoping analysis may be as important as compliance planning for companies that develop, license or deploy conversational AI, say attorneys at Eversheds Sutherland.

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