Product Liability

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Driscoll's Hit With NY Suit Over Alleged PFAS On Berries

    A consumer on Thursday hit California-based Driscoll's Inc. with a proposed class action in New York federal court, alleging the berry-producing giant failed to disclose the presence of PFAS residue from pesticides on its strawberries.

  • September 25, 2026

    Unilever Says Web Safety Pledges Can't Support Benzene Suit

    Unilever is urging a Connecticut federal judge to toss a consumer class action alleging benzene contamination in dry shampoos, arguing a plaintiff can't rely on statements that appeared on websites, not product labels, to support the case after a $3.6 million deal was torpedoed.

  • September 25, 2026

    Clorox Sued Over 6.3M-Bottle Bacteria Risk Recall

    A pair of Puerto Rican buyers are suing The Clorox Co. in California federal court over the recent recall of 6.3 million bottles of Mistolin and Lestoil cleaners for bacterial contamination risks, saying the company should have been aware of the risk sooner and its recall falls well short of making consumers whole.

  • September 25, 2026

    Meta Lied About Data Privacy, New Mexico Jury Finds

    A New Mexico jury said Friday that Meta lied willfully on 26 different occasions regarding data privacy, hate speech, misinformation and Facebook's outside investigation of third-party app developers after the Cambridge Analytica scandal.

  • September 25, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Glencore Energy sue a refinery for allegedly defrauding it out of more than $236 million worth of crude oil, the former CEO of ankle-tag maker Big Technologies file a defamation claim against the company, and property investment group Hunter Jones hit by a claim from the Financial Conduct Authority. 

  • September 24, 2026

    Expedia Hit With Smoke Detector Suit Over Deadly VRBO Fire

    A Massachusetts family has accused Expedia of negligently listing VRBO vacation rental properties without smoke detectors after an apartment they booked in the Dominican Republic caught fire, leading to the deaths of four family members, according to a Washington state court lawsuit.

  • September 24, 2026

    Bid For Conn. High Court Help Turned Down By PFAS Judge

    A Connecticut federal judge has, for now, declined a request seeking to ask the state's high court to determine whether state law allows for a medical monitoring remedy for firefighters who suffered forever-chemicals exposure from their protective gear that was manufactured with chemicals provided by 3M, DuPont and others.

  • September 24, 2026

    FTC Eyes Tech Cos.' Profits In Fight Against Online Scam Ads

    The Federal Trade Commission said Thursday it wants input on whether it should update rules for preventing impersonation scams online, homing in on ad optimization tools that have helped scammers net billions from consumers while allowing tech companies to "internalize the revenue but externalize the risk."

  • September 24, 2026

    GM Accused Of Defective Oil Cooling System In Trucks

    Certain models of Chevrolet Silverado and GMC Sierra vehicles have a defective oil cooling system that can cause complete engine failure, a group of truck owners alleged Thursday in a proposed class action claiming General Motors knew about the problem, never issued a recall and refused to honor warranties when engines failed.

  • September 24, 2026

    RICO Suit Claims CH Robinson, TQL Are Using Illegal Carriers

    Family-owned trucking companies have accused two of North America's largest freight brokers, C.H. Robinson Worldwide Inc. and Total Quality Logistics LLC, of steering long-haul shipments to illegal "fly-by-night" or "chameleon" carriers, muscling out legitimate trucking firms, according to a suit filed in Texas federal court.

  • September 24, 2026

    TikTok Loses Bid To Trim Kids' Data Privacy Suit In Calif.

    A California federal judge on Thursday refused TikTok's bid to trim claims from a proposed class action alleging that the platform exploits the private information of users under 13, saying at a hearing that the question of whether previous TikTok settlements bar the plaintiffs' claims should be saved for later.

  • September 24, 2026

    Plaintiffs Bar Says $243M Tesla Verdict Doesn't Hurt Innovation

    An association of plaintiffs attorneys is urging the Eleventh Circuit to reject Tesla Inc.'s appeal of a $243 million verdict against it in a fatal crash suit, saying products liability law and punitive damages don't hinder or put a "tax" on innovation, but rather encourage it by creating an incentive to create better, safer products.

  • September 24, 2026

    Court Urged To Trim TM Claim From Fake Google Charger Suit

    An accessories company has asked for dismissal of part of a suit brought by Google accusing it of trademark infringement by selling counterfeit charging devices with an imitation of Google's logo, arguing that the registrations don't cover the types of cables at issue.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    SC Judge Wants Clarity On Opioid 'Bodily Injury' Coverage

    A South Carolina federal judge said Thursday she is likely to ask the state supreme court to weigh in on whether certain language in a pharmaceutical company's insurance policies applies only to identified individuals in underlying opioid epidemic-related lawsuits.

  • September 24, 2026

    Walmart Pays $16M To End Expired Formula Sales Claims

    Walmart has agreed to pay $16 million to resolve claims that it sold expired infant formula and over-the-counter drug products to consumers after their expiration dates, the Sonoma County District Attorney's Office announced on Wednesday.

  • September 24, 2026

    Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

    Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

  • September 24, 2026

    Litigation Spending To Keep Climbing While Biz Risks Mount

    Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

  • September 23, 2026

    NM Offers Infernal Literature Lesson In Meta Trial Closing

    New Mexico wrapped its data privacy trial against Meta on Wednesday by likening the social media company's alleged habitual lying about data protection to the worst of sins in Dante's "Inferno," asking the jury, "Does lying matter?"

  • September 23, 2026

    Nestle Asks Justices To Review 'Sustainable' Cocoa Classes

    Nestle asked the U.S. Supreme Court to review a divided Ninth Circuit decision upholding class certification of millions of consumers who bought chocolate labeled "sustainably sourced" in a lawsuit claiming the chocolate is produced through child labor and deforestation.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    Google MDL Coverage Suit Belongs In Calif., Del. Judge Rules

    A Delaware state judge has stayed a lawsuit by American International Group subsidiaries seeking a declaration that they're not liable for covering Google's defense costs tied to social-media addiction multidistrict litigation, finding the parties must litigate in California where Google filed its own coverage suit weeks before the insurers.

  • September 23, 2026

    Boeing Pushes For Pretrial Win In Norwegian Air 737 Max Suit

    The Boeing Co. has asked a Washington federal judge to hand it a win in Norwegian Air subsidiaries' suit over their purchase of 737 Max airplanes, arguing there is no evidence supporting the subsidiaries' claims that Boeing misled them as to the safety and reliability of the aircraft.

Expert Analysis

  • How Gambling Cos. Can Defend 'Addictive Design' Suits

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    Following the recent wave of addictive design litigation against video game companies and social media platforms, it appears that the gambling industry may soon face similar claims — but operators may have stronger legal defenses available to them, say attorneys at White & Case.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 5 Risks For US Cos. From New EU Product Liability Directive

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    When the European Union's revised Product Liability Directive takes effect this year, it will fundamentally reshape product liability litigation across all EU member states — so U.S.-based companies operating in Europe should prepare now for broader discovery rules, narrower attorney-client privilege and heightened forum-shopping risks, say attorneys at DLA Piper.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • What New PFAS Rule Means For Tracking And Disclosure

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    In the wake of the U.S. Environmental Protection Agency's publication of its rule adding PFHxS-Na to the Toxics Release Inventory, companies should identify this substance in their facilities and supply chains, and prepare for disclosures to both regulators and the public, says Ayodeji Ayolola at Gordon Rees.

  • AI-Proofing Class Action Notices From Pro Se Objection Surge

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    Class action practitioners should prepare for a likely surge in artificial intelligence-enabled pro se objections by implementing several practical strategies to navigate this shift, says Britany Wessan at Almeida Law Group.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

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