Product Liability

  • May 06, 2026

    Calif. Panel Revives Mesothelioma Suit Against Union Carbide

    California appellate justices revived a lawsuit against Union Carbide by a man who alleged he developed mesothelioma years after inhaling asbestos fiber when remodeling his aunt's home, ruling Tuesday that triable factual issues exist whether he was exposed to Hamilton Materials' drywall finishing products containing asbestos fiber supplied by the defendant.

  • May 06, 2026

    'Do Not Use This Report': J&J Hid Asbestos Test, Jury Told

    Johnson & Johnson and a consultant it hired in the 1970s altered the conclusions of tests that found alarming levels of asbestos in the company's talc products before giving different results to the U.S. Food and Drug Administration, a former FDA commissioner told a Los Angeles jury Wednesday.

  • May 06, 2026

    Judge Tosses 'Futile' Leaf EV Fire Risk, Charging Defect Suit

    Nissan has defeated a proposed class action brought by Leaf owners who claimed the electric vehicle's battery contains a defect that makes fast charging a fire risk, with a California federal judge ruling that the drivers failed to show the cars were unsafe and that amending at this point would be "futile."

  • May 06, 2026

    Calif. Tribe Can't Get ATF's Cigarette Sales Decision Tossed

    A Ninth Circuit panel determined Wednesday that federal tobacco regulators acted appropriately when placing the Twenty-Nine Palms Band of Mission Indians on a noncompliance list, concluding the tribe's remote cigarette sales to retailers of other tribes count as "off-reservation" activities covered by California state tax and licensing laws.

  • May 06, 2026

    Goodyear Wants Waiver For Smart Tire Sensor Tech

    The Goodyear Tire and Rubber Co. has some new tire sensors in the works that would provide safety and performance but require special permission from the Federal Communications Commission for the devices to work properly without breaking agency rules.

  • May 06, 2026

    Boeing Says Fund's Revised 737 Max Fraud Suit Still Doomed

    Boeing has urged an Illinois federal judge to permanently toss a securities fraud suit accusing the company of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, reiterating that the Massachusetts-based investment fund cannot pursue claims purportedly assigned to it by a defunct assignor.

  • May 06, 2026

    Boeing Crash 'Terror' Warrants Substantial Award, Jury Hears

    The estate of an emerging global health advocate who died in the Boeing jet crash of Ethiopian Airlines Flight ET 302 should receive substantial damages for her experience in the six minutes before impact and how her death has affected her family, Illinois federal jurors heard Wednesday.

  • May 06, 2026

    TikTok Not Shielded From Mass. AG Case, Judge Says

    A Massachusetts judge will allow a social media addiction suit brought by the state attorney general against TikTok to proceed, rejecting claims that the company is shielded by the Communications Decency Act and the First Amendment.

  • May 06, 2026

    Waste Co. Says W.Va. City Lacks Standing In PFAS Suit

    The owner of an Ohio industrial incinerator and a waste transporter hit back at a lawsuit accusing them of improperly discharging forever chemicals, saying the West Virginia city and water utility that sued them failed to allege specific injuries.

  • May 06, 2026

    Service Members Can't Sue Gov't Over Red Hill Fuel Leak

    A Hawaii federal judge on Tuesday reluctantly dismissed service members' claims against the federal government in litigation over fuel leaks tied to a since-shuttered U.S. Navy storage facility, saying they can't sue the government for injuries connected to their military service.

  • May 06, 2026

    Bloom Nu Energy Drinks Have Artificial Ingredients, Suit Says

    Bloom Nu customers filed a proposed class action in New York federal court Tuesday alleging that the health and wellness supplement company deceptively labels its sparkling energy drinks as containing "no artificial colors, flavors, or aspartame," despite the presence of commercially manufactured and chemically processed citric acid. 

  • May 06, 2026

    Calif. Justices Seem Divided On Gilead HIV Negligence Claim

    The California Supreme Court appeared split Wednesday over whether Gilead should face a negligence claim for allegedly withholding a safer HIV drug from the market to maximize profits from an older drug with more harmful side effects. 

  • May 06, 2026

    Judge May Curb Exxon Questions In Mass. Greenwash Case

    A judge hinted Wednesday that he could somewhat limit the topics ExxonMobil may broach in an upcoming deposition of the Massachusetts Attorney General's Office as the energy giant defends itself from the commonwealth's greenwashing allegations.  

  • May 06, 2026

    Buyers Drop Cresco, Verano, Cannabist THC Potency Suits

    Cresco, Verano and other cannabis companies have secured permanent ends to lawsuits accusing them of mislabeling products to get around state-mandated THC potency limits in Illinois, the latest stipulated dismissals following a swell of favorable court rulings for the industry.

  • May 06, 2026

    Drilling Project Halted, For Now, Near SD Worship Site

    A South Dakota federal judge has temporarily paused a graphite drilling project near a site that tribes consider sacred, finding that Indigenous tribes and conservation nonprofits will likely show the U.S. Forest Service avoided a full environmental review by treating the multi-year project as a short-term one.

  • May 06, 2026

    Asbestos Trusts Fight Data Preservation Suit In Delaware

    Asbestos bankruptcy trusts told the Delaware Supreme Court on Wednesday that Johnson & Johnson, Dow Chemical and other repeat asbestos defendants are trying to turn an old equitable remedy into a sweeping, indefinite preservation order for more than 1.1 million victims' private claims files.

  • May 06, 2026

    DC Circ. Fast-Tracks DOT Immigrant Truck Driver Rule Review

    The D.C. Circuit will expedite its review of challenges to the U.S. Department of Transportation's new restrictions on commercial licenses for foreign truck drivers, but has already expressed skepticism about the petitioners' claims that the restrictions are pretext for an anti-immigrant agenda of the Trump administration.

  • May 06, 2026

    Pot Patients Defend Claims In Dispensary Data Privacy Suit

    A group of medical cannabis patients are pushing back on a bid from a technology company to dismiss their claims that it shares their medical information with outside vendors, saying they have sufficiently pled their allegations that they did not consent to such sharing and they were injured by the disclosure.

  • May 05, 2026

    Ex-FDA Chief Testifies 100s Of J&J Docs Tie Asbestos To Talc

    A former U.S. Food and Drug Administration commissioner on Tuesday testified in a Los Angeles bellwether trial over claims Johnson & Johnson's talc products caused deadly ovarian cancer in three women, saying hundreds of internal company documents reveal the company knew for decades that its talc contained asbestos.

  • May 05, 2026

    Cannabis Giants Sued Over Mental Health Marketing

    Recreational cannabis users hit some of the industry's largest companies — Cresco Labs, Green Thumb Industries, Verano Holdings and Curaleaf — with two sprawling lawsuits alleging the businesses overcharged for products deceptively marketed as safe and effective treatments for mental health disorders.

  • May 05, 2026

    Meta Should Have Warning Label, NM Witness Says

    New Mexico unveiled further details of safeguards it says a court should impose on Meta in a $3.7 billion bench trial, calling an expert witness Tuesday who said displaying a warning pop-up to minors is an idea that's backed by the former surgeon general and desperately needed.

  • May 05, 2026

    Apple Reaches $250M Deal Over Claims It Overhyped IPhone AI

    Apple customers asked a California federal judge Tuesday to greenlight a $250 million settlement resolving claims that the tech giant falsely promised the iPhone 16 would include new artificial intelligence Siri features, saying the "exceptional" deal will put cash in class members' hands and provide free future AI software updates.

  • May 05, 2026

    Pa. Sues Character.ai For Bot Acting Like A Doctor

    The state of Pennsylvania and its medical licensing board have sued Character Technologies Inc. for allegedly allowing an AI chatbot generated on its platform to engage in the unlicensed practice of medicine with members of the public.

  • May 05, 2026

    Hemp Powder Buyer Says Amazon Images Don't End Claims

    A woman leading a proposed class action alleging Tilray Brands Inc. misleads consumers about the protein content of its hemp powders is pushing back against the company's dismissal bid, saying its latest motion is based on inadmissible evidence in the form of website printouts and other outside materials.

  • May 05, 2026

    Utah Judge Won't Block Kratom-Kava Product Sales Ban

    A Utah federal judge on Tuesday refused to block a new state law banning sales of psychoactive products derived from the kratom leaf the day before the law takes effect, finding that the new restrictions aren't barred by federal law.

Expert Analysis

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • How Generative AI Cos. Can Navigate Product Liability Claims

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    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • FDA's 2025 Enforcement Scorecard Highlights Data Focus

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    The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

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