Product Liability

  • July 22, 2026

    Kratom Cos. Must Face Conn. OD Liability Claims, Father Says

    The makers of the Whole Herbs brand of kratom products shouldn't be allowed to trim a lawsuit claiming it's partially liable for the overdose death of a 33-year-old man, the man's father has told a Connecticut state court, saying his suit sufficiently pled all claims and that "there is no such thing as 'good kratom.'"

  • July 22, 2026

    RI Guardrail Builder Sued Over Conn. Woman's Fatal Crash

    A Rhode Island construction contractor installed defective and "unreasonably dangerous" guardrails on Interstate 95 in Connecticut, which caused a 34-year-old woman to die in a collision and car fire, her estate said in a wrongful death lawsuit filed in Connecticut state court Monday.

  • July 22, 2026

    Insurer Sanctioned For Destroying Opioid Coverage Evidence

    An Illinois federal court Wednesday sanctioned an insurer in a drug wholesaler's suit seeking coverage for underlying opioid litigation, finding that the carrier intentionally destroyed key emails and underwriting records in order to deprive the wholesaler of that information.

  • July 22, 2026

    Altria, Juul Ask 9th Circ. To Nix Antitrust Classes

    Altria and Juul are urging the Ninth Circuit to undo a class certification ruling in an antitrust case over Altria's past investment in the e-cigarette maker, saying the classes include disparate groups of purchasers from across the country.

  • July 22, 2026

    Cessna Maker Wants Cockpit Recording For Fatal Crash Case

    Textron Aviation Inc. wants a Connecticut state judge to order the National Transportation Safety Board to release a two-hour-long cockpit voice recording from a Cessna airplane that crashed into an industrial campus shortly after takeoff, saying the full recording is necessary for fair trials in wrongful death and insurance disputes.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    Truck Bound By Pact Not To Sue Arbitrator, NY Judge Says

    A New York federal judge refused to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims, ruling that Truck Insurance Exchange's lawsuit is barred under a "hold harmless" pact it inked with the counterparty, a group of foreign reinsurers.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    Nike's Discounts Based On Phony Reference Prices, Suit Says

    Nike was slapped with a proposed class action in California federal court on Tuesday that accuses it of hawking bogus discounts and savings on footwear and other goods sold online by displaying reference prices that don't reflect the actual prevailing market prices. 

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    Norfolk Southern Sued Over Worker's Lung Cancer Diagnosis

    A former track laborer claims Norfolk Southern caused his lung cancer after exposing him to carcinogenic chemicals, including benzene, for decades, according to a Pennsylvania state court lawsuit that could be "the first in a wave" filed by former railroad workers, plaintiffs' counsel said.

  • July 21, 2026

    18 State AGs Sue EPA Over Hydrofluorocarbons Rollback

    Eighteen Democratic attorneys general and the city of New York filed a petition with the D.C. Circuit Tuesday over a U.S. Environmental Protection Agency rule they argue will weaken federal limits on hydrofluorocarbons, which are refrigerants used in air conditioning and cooling systems.

  • July 21, 2026

    High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

    California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

  • July 21, 2026

    High Court To Hear Alaskan Pilot Plane Forfeiture Case

    The U.S. Supreme Court has agreed to review a case in which the Alaska Supreme Court held that a pilot must forfeit his $95,000 plane to the state for transporting a six-pack of beer in a dry village.

  • July 21, 2026

    Mich. Panel Revives Forklift Injury Suit Against Meijer

    A warehouse worker whose leg was crushed between a forklift and a metal desk at a Meijer Inc. distribution center can proceed with his negligence suit after a Michigan appellate panel ruled a jury must decide whether faulty brakes, inadequate maintenance or his own actions caused the accident. 

  • July 21, 2026

    Smucker's Says It Didn't Claim 'Only' Splenda On Fudge Label

    The J.M. Smucker Co. is asking a New York federal court to throw out a proposed class action alleging that it misleads consumers by claiming its fudge topping is "Sweetened with Splenda," despite it using other sweeteners, saying the label never claims that Splenda is the only sweetener.

  • July 21, 2026

    Judge Wary Of Philly Firm's Uber, FedEx Antitrust Claims

    A Pennsylvania federal judge on Tuesday appeared doubtful that Uber and FedEx engaged in anticompetitive conduct when they accused Philadelphia injury firm Simon & Simon of a medical records falsification scheme meant to boost injury claims, pointing out during a hearing that the companies and the firm operated different types of businesses.

  • July 21, 2026

    Nintendo Seeks Game Over For Tariff Refund Class Suit

    A proposed class action looking to force Nintendo to reimburse customers for increased costs that were explicitly tied to President Donald Trump's now struck-down tariff regime should be handled in arbitration or tossed entirely, the company told a Seattle federal court.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 20, 2026

    Albertsons Data Suggests Opioids Were Diverted, Expert Says

    Albertsons pharmacies in Washington state received considerably more opioid medications from distributors between 2009 and 2015 than the company reported dispensing — a sign of potential diversion, according to an expert witness who testified Monday at a bench trial in Washington's lawsuit accusing the chain of exacerbating the state's opioid crisis.

  • July 20, 2026

    Boeing Sues To Stop Cameroon Airlines' 1995 Crash Claims

    Boeing launched a lawsuit in Washington federal court on Friday accusing now-defunct Cameroon Airlines of wrongfully demanding $179 million in damages for a deadly 737 crash in 1995, saying the airline's jet purchase deal bars such claims and the African country did not fault Boeing in the accident investigation.

  • July 20, 2026

    Int'l Standards Preserve QLED False Ad Suit Against Hisense

    Hisense USA Corp. can't pull the plug on a proposed class action accusing it of falsely advertising its high-definition televisions as having QLED technology, a California federal judge has ruled, saying the buyers have sufficiently pled their case by leaning on articles and international standards.

  • July 20, 2026

    Uber Decries Punitive-Damages Bid Ahead Of Sex Assault Trial

    Ahead of a third bellwether trial in multidistrict litigation over alleged sexual assaults by Uber drivers, the company has asked a Texas federal judge to toss a bid for punitive damages, saying state law doesn't allow punitive damages for third-party criminal conduct.

Expert Analysis

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • AI Data Center Boom May Spur Wave Of Toxic Tort Suits

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    Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY's Growing Enviro Reg Framework Will Transform Projects

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    Three closely connected environmental rulemakings in New York state — concerning greenhouse gas reporting, remediation standards and amendments to the State Environmental Quality Review Act — have reached critical stages, and taken together, they will have major impacts on business operations, construction project timelines and transactional risk, say attorneys at Holland & Knight.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Why Product-Based Public Nuisance Claims May Be Waning

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    The Maryland Supreme Court's recent decision in Express Scripts v. Anne Arundel County is the latest in a national trend of rulings rejecting product-based public nuisance claims — but other forms of government litigation against companies that allegedly increase the cost of public services are likely to continue, say attorneys at Simpson Thacher.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • PFAS OUT Cannot Replace Broad Drinking Water Protections

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    The U.S. Environmental Protection Agency's PFAS OUT initiative may help water systems deal with two specific per- and polyfluoroalkyl substances before federal compliance deadlines arrive, but it is no substitute for broader protections the EPA is withdrawing — and in PFAS litigation, that distinction could be important, says David Meldofsky at Lawsuit Informer.

  • How Food, Beverage Claims May Preview Cosmetic Litigation

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    Class action litigation targeting cosmetics and personal care products is accelerating, with a playbook that comes from the food and beverage industry — and the defenses that succeeded, and failed, in past class actions offer a critical road map for beauty and personal care brands, say attorneys at Crowell.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • PFAS Study Is Wake-Up Call For Pet Food Companies

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    As standards around per- and polyfluoroalkyl substances continue to evolve, a new study revealing that PFAS have found their way into many brands of pet food is a warning to the industry to reexamine the contents and marketing of their products in the face of increasing regulatory and litigation exposure, say attorneys at MG+M.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • The Role Of Operational Data In Tech Platform Liability Suits

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    As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

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