Product Liability

  • July 30, 2026

    8th Circ. Revives Iowa Vape Restrictions Law

    Iowa can start enforcing a state law that restricts the sale of some e-cigarettes, after the Eighth Circuit on Thursday determined that the policy was not preempted by federal tobacco law and overturned a lower court's ruling that blocked officials from implementing it.

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

  • July 30, 2026

    Covidien Hid Mesh Risks, Bellwether Jury Told As Trial Ends

    Counsel for an Alabama man told a Massachusetts federal jury Thursday that Covidien LP failed to adequately warn doctors about the risks of complications from a hernia mesh implant, closing out the first bellwether trial among thousands of cases pending against the Medtronic unit.

  • July 30, 2026

    XAI Can't Unmask Jane Does In Deepfake Suit, Judge Says

    A California federal judge on Thursday declined to order a group of women suing xAI Corp. over Grok-generated deepfakes of them in sexual situations to reveal their identities and allowed them to proceed pseudonymously, finding their fears of threatened harm and retaliation from having to disclose their real names were reasonable.

  • July 30, 2026

    CH Robinson's $604M Verdict Tests Freight Broker Defenses

    A Dallas County jury's $604 million verdict against C.H. Robinson over a fatal 2021 accident marks one of the first major tests of freight brokers' legal strategies since the U.S. Supreme Court reshaped their liability exposure, creating monumental stakes for the trucking industry's middlemen on how to navigate unpredictable duty-of-care standards and volatile verdicts.

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Pa. Paraquat, Gov. Shapiro's Neighbors: A Midyear Report

    Mass tort and antitrust cases advanced this year in Pennsylvania, where attorneys await Philadelphia's first paraquat trial and more developments in the class action against the Law School Admissions Council over test fees.

  • July 29, 2026

    Albertsons Pharmacy Work Was 'House Of Cards,' Judge Told

    Albertsons pharmacists in Washington state repeatedly warned supervisors that busy workloads and limited staffing were making it difficult to review prescriptions before filling them, a state judge in Seattle heard Monday, during a bench trial in Washington's case accusing Albertsons and its Safeway subsidiary of fueling the state's opioid crisis.

  • July 29, 2026

    Meta's View Of 'Problematic Use' Has Holes, Ex-Exec Testifies

    A former Facebook safety executive testified Wednesday in Tennessee's trial against Meta over youth mental health that Meta's definition of "problematic use" of apps is deficient and suffers from a lack of data.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    BNSF Reaches Deal Over Ex-Conductor's Post-Injury Firing

    A former conductor has reached a deal with BNSF Railway Co. to end an employment retaliation lawsuit that claims the company wrongfully fired him based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    3M, DuPont Ordered To Face Montana PFAS Lawsuit, For Now

    DuPont de Nemours Inc., 3M Co. and other manufacturers of firefighter turnout gear must for now face a retooled class action complaint by local governments in a dozen states who claim an industrywide conspiracy concealed the dangers of per- and polyfluoroalkyl substances, a Montana federal judge ruled Tuesday.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Delta Can't Knock Out Consumer's Greenwashing Suit

    A California federal judge narrowed a proposed class action accusing Delta Air Lines of overstating its emissions progress and falsely touting itself as the first carbon-neutral airline, denying a bid for injunctive relief but refusing to toss California law claims. 

  • July 29, 2026

    Depo-Provera MDL Gets New Lead Plaintiffs After Settlement

    The Florida federal judge overseeing the multidistrict litigation over a link between brain tumors and the hormonal contraceptive Depo-Provera on Wednesday approved three new pilot plaintiffs for the cases remaining after a global settlement that the judge called an "excellent outcome."

  • July 29, 2026

    Curaleaf Says Pot Suit Is Long On Length But Not Substance

    Cannabis giant Curaleaf Holdings Inc. on Tuesday slammed as "ill-conceived" a proposed class action by consumers who claim the company falsely marketed its products as medical treatments for mental health disorders and physical pain, saying none of the buyers are even medical cannabis patients.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Meta Set For 2027 Trial In Mass. Social Media Addiction Case

    A Massachusetts judge on Wednesday agreed to schedule a jury-waived trial for next May in the state's social media addiction lawsuit against Instagram and its owner, Meta Platforms.

  • July 29, 2026

    DraftKings Offers Sports Bets In Barred States, Suit Alleges

    A proposed class action in Massachusetts federal court accuses DraftKings of conducting sports betting in states that outlaw it, through prediction markets that are accessible through the same app as its sportsbook and daily fantasy sports.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

  • July 29, 2026

    Amicus Briefs Back Decertification In Juul, Altria Antitrust Suit

    The U.S. Chamber of Commerce, 14 states led by Iowa, and legal interest groups are urging the Ninth Circuit to throw out class certification in antitrust litigation against Altria and Juul, joining the companies in arguing that the trial court misapplied California law to apply to other states.

  • July 29, 2026

    Attys Secure $15M Fees In Abbott Formula Shareholder Suit

    An Illinois federal judge on Wednesday approved class counsel's $15.3 million fee request in a shareholder dispute over Abbott Laboratories' management of a 2022 infant formula contamination crisis, satisfied with the elaboration he called for during an earlier settlement fairness hearing.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

Expert Analysis

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • What Durnell Ruling Means For Mo. Roundup Settlement

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    While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

  • Generative AI Is Reshaping The Defense Of Complex Litigation

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    Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams with legal research and drafting, fact witness development, and expert witness strategy, say attorneys at Arnold & Porter.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

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