Product Liability

  • 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.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    Publix Sued Over Woman's Death From Eating Blueberries

    A Florida man whose wife died after allegedly consuming contaminated frozen blueberries has sued Publix Super Markets Inc. and a food distributor, alleging the companies sold a dangerous food product that caused a fatal infection.

  • September 23, 2026

    Fla. Court Says Tesla Shouldn't Transfer Fatal Crash Suit

    A Florida state judge on Wednesday issued a report recommending denial of Tesla Inc.'s bid to transfer a fatal crash lawsuit from Broward County to Miami-Dade County, saying it's too late to move the case after nearly five years of litigation. 

  • September 23, 2026

    Motley Rice Partner Tapped For Opioid Case Co-Lead Counsel

    The Ohio federal judge overseeing multidistrict opioid litigation appointed on Wednesday Donald Migliori, a managing partner at Motley Rice LLC, as co-lead counsel in the wake of the death of the firm's co-founder Joe Rice, who had served in the position for the past eight years.

  • September 23, 2026

    Suit Over Mich. Teen's Campground Drowning Reinstated

    A Michigan recreational campground must face claims it breached a duty owed to a 15-year-old who drowned in a human-made swimming pond, a state appeals court has ruled, saying a jury must decide if the campground failed to warn swimmers of the deep, murky and dangerous conditions of the water.

  • September 23, 2026

    Colo. Smoke Shop Chain To Pay $152K Over Kratom Potency

    The Colorado Attorney General's Office reached a $152,000 settlement with two smoke shop owners, ending claims their retail chain sold kratom products exceeding the state's legal potency limit and violated labeling rules.

  • September 23, 2026

    Roblox, Discord Seek To Compel Arbitration In Abuse MDL

    Roblox and Discord urged a California federal judge Tuesday to send bellwether claims brought by children in a sexual exploitation multidistrict litigation to arbitration, arguing that a federal law protecting sexual assault plaintiffs from forced arbitration does not apply to allegations that online platforms enabled abuse by third-party users.

  • September 23, 2026

    Oura Rings Lack Tech To Accurately Track Sleep, Suit Says

    Oura Inc. is falsely marketing its wearable Oura Rings as able to accurately track sleep stages, despite the rings only making predictions based on indirect signals that studies have found to be severely inaccurate, alleges a proposed class action filed Tuesday in California federal court.

  • September 23, 2026

    Judge Rejects $2.5M Fees For Opt-Out Attys In Chevy Case

    A Michigan federal judge has rejected a motion from LG Chem and its affiliates for $2.5 million in fees for attorneys who had urged their clients to opt out of a $150 million settlement resolving allegations that Chevrolet Bolt batteries were defective, then to opt back in, saying the attorneys did nothing to materially improve or work toward the deal.

  • September 23, 2026

    Zillow Starts Renewed Bid To Exit Home Loan Kickbacks Suit

    Zillow Group Inc. and its subsidiaries have filed a new dismissal bid in Washington federal court against a consolidated third amended class action complaint that accuses Zillow of running an illegal kickbacks scheme that provides affiliated brokers with business leads if they push homebuyers to use the company's allegedly overpriced Zillow Home Loans program.

  • September 22, 2026

    Meta Flaunts 'Abuse' Of Atty-Client Privilege, Judge Told

    A California federal judge ordered Meta on Tuesday to rereview privilege designations on 300 documents in social media addiction litigation, after plaintiffs' lawyers cited a "culture of privilege abuse" epitomized by Instagram swag hats embroidered with "a/c priv" — the shorthand used to log withheld documents.

  • September 22, 2026

    Hydropower Plant Needs More Monitoring, Wash. Panel Says

    A Washington appeals panel broadly upheld the state's certification of a hydroelectric power project near the Columbia River on Monday, although the court said officials need to impose additional monitoring and reporting requirements to address potential leakage into the surrounding watershed.

  • September 22, 2026

    Bad Recordkeeping Kills City's Railroad Indemnity Defense

    A Missouri city must cover financial damages Norfolk Southern suffered when it settled lawsuits stemming from a train crash that killed one city worker and injured another, a federal judge ruled, slamming the city's shoddy recordkeeping and the unreliable testimony of its official.

  • September 22, 2026

    CVS Beats Malpractice Suit Over Pharmacy Mix-Up

    A California appeals court on Tuesday upheld the dismissal of a suit accusing a CVS pharmacy of negligently giving the wrong prescription medication to a woman, which allegedly caused years of seizures, citing flawed expert testimony from plaintiff's expert.

  • September 22, 2026

    Uber, Lyft Asked To Explain Duty To Drivers In Ohio Injury Suit

    Uber, Lyft and a man who blames them for his injuries when one of their drivers rear-ended him have been asked by an Ohio federal judge to explain whether the companies are the legal proximate cause of his injuries.

  • September 22, 2026

    Ford Seeks To Toss F-150 Oil Consumption Class Claims

    Ford Motor Co. has asked a Michigan federal judge to dismiss claims brought by seven Ford F-150 owners who allege the automaker concealed an oil consumption defect, arguing that the drivers have failed to plausibly allege Ford knew about the purported problem when they bought their trucks.

  • September 22, 2026

    Flyer Says Justices Must Hear CrowdStrike Tech-Outage Suit

    An airline passenger is asking the U.S. Supreme Court to hear his proposed class action against CrowdStrike Inc. over expenses and injuries resulting from a 2024 tech outage, saying the justices need to resolve a widening circuit split on the scope of the Airline Deregulation Act.

  • September 22, 2026

    Parents Say Amazon Sold Industrial Laser That Blinded Son

    A pair of Idaho parents are suing Amazon.com Inc. and two Chinese companies in Washington state court, alleging they bought what was marketed as a safe laser pointer but which was actually an industrial-strength laser that left their son blind in one eye.

  • September 22, 2026

    Juul Buyers Defend Antitrust Classes At 9th Circ.

    Juul buyers are defending the certification of several classes in a case over tobacco giant Altria's past investment in the e-cigarette company, telling the Ninth Circuit it does not matter if they purchased different quantities on different terms or live in different states.

Expert Analysis

  • And Now A Word From The Panel: Accessing Key MDL Data

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    As the Judicial Panel on Multidistrict Litigation convenes for its September hearing session, it is useful to examine the treasure trove of historical and statistical information about MDLs past and present that the panel makes available to the public on its own website, says Alan Rothman at Sidley Austin.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • Resetting For Success After Corporate Litigation Loses Focus

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    Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

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    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • How Cos. Can Avoid Infant Product False Advertising Suits

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    As lawsuits proliferate over products marketed for infant use and sold at a premium that are identical to cheaper general-use products, manufacturers should review related product lines, and scrutinize contextual cues that may contribute to the overall message received by consumers, say attorneys at Chamberlain Hrdlicka.

  • Meta Deal Highlights Advisory Jury Issues, Litigation Risk

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    The $17 billion settlement of youth safety claims brought against Meta offers lessons for all consumer-facing companies because the court made the rare move of empaneling an advisory jury and the case was built on what the company learned from its own studies, says Mark Morgan at McCarter & English.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Retailers Must Navigate State Innocent-Seller Law Patchwork

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    States' innocent-seller statutes can shield nonmanufacturing retailers from product liability claims to varying degrees, and by building the evidentiary record strategically throughout discovery, companies can improve their chances of obtaining summary judgment — but it is essential to stay abreast of the rapidly evolving policy environment, say attorneys at Chamberlain Hrdlicka.

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