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Product Liability
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March 31, 2026
Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds
A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.
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March 31, 2026
70+ Republicans Ask Justices To Review NY Gun Liability Law
More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.
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March 30, 2026
FTC's Meador Eyeing Platform Design In Kids' Safety Reviews
While the Federal Trade Commission isn't interested in "telling companies how to run their businesses," the agency will continue to police online hazards facing children and adults, including those that may be caused by the way that websites are designed, and could impose more "extreme" remedies when necessary, Republican Commissioner Mark Meador said Monday.
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March 30, 2026
5th Circ. Seems Open To Reviving Eyemart Class Action
A Fifth Circuit panel seemed open to reviving a class action accusing glasses retailer Eyemart Express LLC of selling sensitive personal health information to social media giant Meta, asking Monday why dismissal was appropriate given the complexity of the case.
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March 30, 2026
Judge Denies Arbitration Bid In Land Rover Brake Defect Case
Jaguar Land Rover cannot, for now, push out of court a proposed class action over claims Range Rover brakes have a defect that causes premature wear, a New Jersey federal judge has ruled, possibly giving some credence to the drivers' claims that the arbitration clause was "buried" within the 525-page vehicle handbook.
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March 30, 2026
Stumptown Coffee Packaging Blamed For Flight Attendant's Burns
Stumptown Coffee Corp.'s failure to address a critical flaw in its product packaging for commercial flights caused an "explosion" of scalding hot coffee on an Alaska Airlines plane that left a pregnant flight attendant with permanent scars on her chest, according to a lawsuit filed Friday in Seattle federal court.
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March 30, 2026
Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment
Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he was a child, a Maryland federal judge has ruled.
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March 30, 2026
Product Liability Q1 Regulatory Roundup
In the first three months of 2026, executive orders and other regulatory actions by the Trump administration have taken on products with "Made in America" labeling, called for the increased manufacture of the herbicide ingredient glyphosate, and addressed what e-cigarette flavors could receive the U.S. Food and Drug Administration's approval, among others.
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March 30, 2026
Kimberly-Clark Slips Conn. Town's 'Speculative' PFAS Claims
A proposed class action claiming Kimberly-Clark Corp. polluted a Connecticut town's water and soil with toxic "forever chemicals" failed to allege plausible facts tying the contamination or any injuries to the paper goods maker, relying instead on assumptions and guesswork, a federal judge has ruled in dismissing the case.
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March 30, 2026
Nearby Polluters Must Face Gowanus Canal Cleanup Suit
A New York federal judge on Sunday declined to dismiss a lawsuit brought by National Grid seeking to force 40 other parties accused of polluting Brooklyn's Gowanus Canal to pay their share of the Superfund cleanup costs.
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March 30, 2026
Expedia Looks To Escape Suit Over Carbon Monoxide Deaths
Expedia has sought to escape a suit over the carbon monoxide poisoning deaths of three young women at a Belize resort allegedly due to a poorly installed water heater, telling a Massachusetts federal court it had no duty to warn customers about potential dangers at the hotels listed on its website.
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March 30, 2026
BNSF Says 9th Circ. Opinion Nixes Montana Asbestos Case
BNSF Railway Co. asked a Montana federal court Monday to throw out a lawsuit alleging it let dust from asbestos-containing vermiculite accumulate at its rail yard in Libby, Montana, arguing that a recent Ninth Circuit case showed the claims are preempted by federal law and blocked by the common carrier exception.
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March 30, 2026
Judge Tosses ESA Challenge Against Nevada Lithium Mine
A Nevada federal judge says the federal government didn't violate the Endangered Species Act in approving a more than 7,100-acre lithium mining project that conservation groups argue will drive a rare wildflower into extinction, finding the decision was not arbitrary or capricious under recent Supreme Court precedent.
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March 30, 2026
Bai Beverage Maker Quenches False Ad Suit Over Sweetener
Bai Brands permanently defeated a putative class action alleging it deceived consumers into thinking its beverages contained "no artificial sweeteners" despite being sweetened with erythritol, after a New York federal judge found no evidence of how reasonable consumers would define "artificial."
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March 30, 2026
GE Fails To Nix Suit Over Stove Fire From Alleged Defect
A Pennsylvania federal judge has rejected GE Appliances' request to toss most of a suit alleging that one of its stove ranges was defectively designed and led to a fire when it was accidentally turned on, finding that a jury could reasonably agree with the plaintiff's experts' assessment of events.
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March 30, 2026
Kratom Addictiveness 9th Circ. Appeal Dropped
A group of consumers told the Ninth Circuit on Friday that they were dropping the appeal of a dismissal of their suit over kratom products that they said were as addictive as opioids.
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March 27, 2026
Tech Critics See Hope In Social Media Verdicts
The courts are emerging as the forum to hold social media giants accountable for their algorithms now that two multimillion-dollar jury verdicts determined the platforms are harming the mental health of young people, after years of being unchecked by Congress.
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March 27, 2026
Elizabeth Holmes Gets 11-Year Prison Sentence Cut By A Year
A California federal judge has shaved off a year from convicted ex-Theranos CEO Elizabeth Holmes' 11-year-and-three-month prison sentence for securities fraud due to recent sentencing guideline amendments, reducing her time behind bars by one year, instead of the two years she requested, amid objections by prosecutors.
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March 27, 2026
Segway Scooter Recall Claims Must Be Arbitrated, Judge Rules
Segway successfully pushed into arbitration claims that it built an electric scooter with a dangerous defect that caused the handlebars to collapse mid-ride, after a Pennsylvania federal judge ruled the buyer failed to opt out of a "shrinkwrap" agreement on the scooters' packaging.
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March 27, 2026
Honda System Not 'Perfect,' But Also Not Defective, Jury Told
Honda's collision avoidance system, while not "perfect," should not be considered defective under industry standards, an attorney for the automaker's U.S. arm told a California federal court jury Friday during closing arguments in a class action over claims by 100,000-plus drivers that the system caused dangerously abrupt stops.
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March 27, 2026
Uber Crash Liability Case Review Denied By Texas High Court
The Texas Supreme Court on Friday declined to review a case brought by passengers injured in a car crash during a trip arranged through Uber Technologies Inc.'s app, leaving intact a lower court ruling rejecting their liability claims and finding that the company's drivers are independent contractors under state law.
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March 27, 2026
Uber Again Says It's A Tech Co., Not A Transportation Provider
Uber is once again fighting efforts to frame it as a transportation provider that owes a duty of safety to passengers, telling the California federal court overseeing multidistrict litigation over sexual assault liability that it only operates a technology platform.
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March 27, 2026
Delaware Judge Lets Juul Suits Proceed, Trims Claims
Delaware Superior Court has largely allowed a set of lawsuits against Juul Labs Inc. to move forward, rejecting the company's bid to dismiss claims brought by more than a thousand plaintiffs who say they were misled about the risks of its e-cigarettes.
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March 27, 2026
Eli Lilly Keeps Most Of Weight Loss Drug Copy Suit Alive
A California federal judge has refused to throw out a lawsuit accusing a pair of telehealth companies of making copies of Eli Lilly's obesity and type 2 diabetes drugs but agreed to trim the case.
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March 27, 2026
Audi Door Lock Defect Trapped Infant In Back Seat, Suit Says
Electronic door-locking systems in dozens of Audi models intermittently fail to lock or unlock, according to a proposed class action in California federal court, in which a driver alleged the defect once left his infant son trapped in the back seat of his car.
Expert Analysis
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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What Defense Teams Must Know About PFAS Testing Methods
Whether testing for per- and polyfluoroalkyl substances produces results meaningful for litigation depends on the validity of the sampling methodology — so effectively defending these claims requires understanding the scientific and legal implications of different PFAS testing protocols, say attorneys at Hollingsworth.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Suncor Is Justices' Chance To Rule On Climate Nuisance Suits
If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.