Product Liability

  • 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.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    Comcast Faces ERISA Suit Over Employee Tobacco Surcharge

    Comcast Corp. violated federal benefits law by charging employees who use tobacco an extra fee without spelling out alternatives like smoking-cessation programs and making full refunds available to workers who complete them, a worker says in a proposed class action in Pennsylvania federal court.

  • July 20, 2026

    Exxon Climate Suit Fate May Hinge On Preemption Precedent

    A Connecticut state judge on Monday seemed inclined to wait for upcoming U.S. Supreme Court preemption guidance before ruling on the state's attempt to nix one of Exxon Mobil's defenses in an environmental marketing lawsuit, though both sides drew some skepticism during oral argument Monday.

  • July 20, 2026

    Tilray Beats Suit Over Hemp Product Protein Claim, For Now

    A California federal judge dismissed, for now, a Tilray customer's proposed class action alleging she was misled about the protein content of the company's hemp powders on Amazon product listings, ruling Friday they complied with federal labeling requirements, since the listings feature complete nutrition facts panels and percent daily value.

  • July 20, 2026

    Honda Driver Says Defective Camera Disables Safety Features

    A Honda driver said multiple vehicle models have a defect in their windshield-mounted front-facing sensor camera, which causes safety and driver assistance features to malfunction simultaneously, telling a California federal court that drivers are left with clusters of warning messages and costly repairs.

  • July 20, 2026

    Meta Can't Block States' Damages Expert In Addiction Trial

    A California federal judge has denied Meta Platforms Inc.'s bid to exclude testimony from a damages expert offered by a coalition of 29 states from an upcoming trial in a suit alleging Facebook and Instagram are intentionally addictive.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

Expert Analysis

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • How Generative AI Cos. Can Navigate Product Liability Claims

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    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

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