Product Liability

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    NY's Landmark Climate Change Superfund Law Blocked

    A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Tesla Asks 9th Circ. To Decertify 'Full Self-Driving' Ad Class

    Tesla urged the Ninth Circuit on Monday to decertify classes of Tesla buyers who accuse the company of making false and deceptive promises about the capabilities of their "self-driving" electric vehicles, arguing that there's no proof showing all class members viewed the alleged misstatement at issue on Tesla's webpage.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    Zimmer Wins Hip Implant Suit After Expert Testimony Tossed

    A New York federal judge handed Zimmer Inc. an early win in a multidistrict litigation case alleging its hip prosthetics are faulty, after finding that the plaintiff's only expert witness could not testify because his opinion that the device was defective was based solely on the fact that it broke.

  • August 31, 2026

    Defamation Litigation Roundup: NYT, J&J, Azerbaijan

    In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

  • August 31, 2026

    SEC, FDA Enter Info-Sharing Pact To Bolster Enforcement

    The U.S. Securities and Exchange Commission and U.S. Food and Drug Administration are looking to bolster information-sharing related to FDA-regulated products in a bid to help each other in their respective oversight and compliance efforts, according to a three-year memorandum of understanding the agencies announced Monday.

  • August 31, 2026

    Oregon Packaging Law Survives Constitutional Challenge

    An Oregon federal judge ruled against a national trade association's challenge of an Oregon law that imposed recycling system costs on producers of packaging materials, rejecting arguments that it was unconstitutional.

  • August 31, 2026

    Ford, Bronco Builder Rev Up TM Fight Over Custom Builds

    Ford Motor Co. and a custom Bronco builder are trying to pare down their trademark fight in dueling summary judgment bids, with Ford targeting defenses to its claims over Bronco-inspired SUVs and the defendants accusing the automaker of improperly renewing its Bronco registration while the model was out of production.

  • August 31, 2026

    Dupray Hit With Suit Over Steam Cleaner Recall

    Canadian appliance company Dupray faces a proposed class action over more than 650,000 steam cleaners it recalled earlier this year due to complaints of ruptures that expelled hot water onto users, according to a complaint filed in New York federal court.

  • August 31, 2026

    Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

    Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

  • August 31, 2026

    Tesla, Calif. Family Settle Suit Over Fatal Autopilot Crash

    Tesla has agreed to settle a suit alleging the automaker's autopilot technology and marketing of its self-driving capabilities contributed to a fatal 2023 crash that killed a driver and seriously injured his passenger, according to documents filed in California federal court.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

  • August 31, 2026

    Kind Hit With False-Ad Suit Over 'ZEROg Added Sugar' Label

    Kind LLC violates food labeling regulations by selling snack bars containing the added monosaccharide allulose while prominently representing that they contain zero grams of added sugar, according to a proposed false advertising class action filed Friday in New York federal court. 

  • August 31, 2026

    Businesses Agree To Drop Norfolk Southern Derailment Suits

    Ohio federal judges on Monday tossed more than a half dozen lawsuits business owners filed against Norfolk Southern Corp. over the East Palestine train derailment and chemical spill in the state after the plaintiffs and the railroad moved to have them dismissed.

  • August 31, 2026

    3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

    The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

  • August 31, 2026

    Mead Johnson Prevails In 1st Infant Formula MDL Trial

    An Illinois federal jury sided with Mead Johnson on Monday in a lawsuit claiming its infant formula caused a premature baby boy to develop a fatal intestinal disease, rejecting his mother's claims that the company should be held liable for making a defective product and failing to adequately warn doctors of the risks associated with it.

  • August 31, 2026

    Feds' Crackdown Targets Commercial Trucking Fraud

    The Trump administration said Monday it is immediately shutting down 110 commercial driver's license schools for certifying truck drivers who can't read or speak English, and pledged to aggressively prosecute accused "fraudsters" who knowingly put untrained or unskilled truck drivers on American roads.

  • August 28, 2026

    Meta's $17B Child Safety Deal Puts Heat On Congress To Act

    Meta's landmark $17.1 billion settlement of states' claims that it purposely addicted kids to social media mandates many of the safeguards increasingly being required by a growing patchwork of largely contested state child safety laws, boosting not only the profile of these measures but also the push for Congress to enact a more comprehensive fix.

  • August 28, 2026

    Uber Text Doesn't Bind Guest Rider To Arbitrate, DC Circ. Says

    Uber cannot force into arbitration a passenger who sued over a crash in which he was severely injured when the ride was requested by his wife since he never created an account or agreed to the ride-hailing company's terms of service, the D.C. Circuit said in a published opinion Friday.

  • August 28, 2026

    Mead Johnson, Mom Clash On Formula Risks In Trial Closing

    An Illinois federal jury is set to begin deliberating Monday on a mother's claims that Mead Johnson is liable for her infant son's death, with attorneys making closing remarks Friday in the first test case to be tried among more than 800 consolidated lawsuits linking a deadly bowel condition to premature baby formula.

  • August 28, 2026

    Walmart Pays $50M To End DOJ's Suit Over Opioid Crisis

    Walmart has agreed to pay $50 million to settle the U.S. Department of Justice's nearly 6-year-old lawsuit in Delaware federal court alleging the big-box retailer helped spur the nationwide opioid crisis by unlawfully dispensing controlled drugs from its pharmacies, the department announced Friday.

  • August 28, 2026

    Ex-Eli Lilly Rep Can't File Whistleblower Claims In NJ

    A New Jersey federal judge on Friday dismissed a former Eli Lilly sales manager's suit alleging she was fired after objecting to pressure to promote off-label use of the diabetes drug Mounjaro, finding that the court lacked personal jurisdiction over the Indiana‑based drugmaker.

  • August 28, 2026

    AT&T Says Charter Is Misleading Consumers With 'Fiber' Claims

    AT&T Teleholdings Inc. told a Texas federal judge on Friday that Charter Communications Inc. duped consumers by falsely touting its Spectrum brand residential internet service as being entirely fiber, when in reality the company uses copper cable to make the connection to a consumer's home.

Expert Analysis

  • 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.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

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