Product Liability

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    Conn. Judge Again Bars Wrongful Death Claims In Cookie Suit

    A Connecticut state court judge has stopped wrongful death claims from proceeding against grocery store chain Stew Leonard's, its CEO and several employees over a professional ballet dancer's allergy death from eating an allegedly mislabeled cookie, reiterating a previous ruling.

  • October 16, 2026

    Florida Says Discord Misled Families On Child Safety

    The Florida attorney general on Thursday sued messaging platform Discord Inc. in state court, accusing it of enabling the sexual abuse of minors with a lack of age-verification measures and safeguards.

  • October 16, 2026

    San Benito Foods Deal Gets Early OK, With Notice Concerns

    A California federal judge has given her initial blessing to a nearly $1 million deal that would end a Monterey Bay-area township's lawsuit against a tomato cannery that claimed the cannery's noxious odors diminished residents' property values.

  • October 16, 2026

    9th Circ. Decertifies Tesla 'Full Self-Driving' False Ad Classes

    The Ninth Circuit on Friday decertified a class action alleging Tesla deceived consumers into believing that its cars could fully drive themselves, saying there's no proof that all class members saw the same purportedly false statement on Tesla's website about its cars' hardware.

  • October 16, 2026

    NCR, Hydropower Cos. Settle Michigan River Cleanup Fight

    NCR Voyix Corp. and two hydropower companies have reached a settlement resolving litigation over whether sediment released during a reservoir drawdown complicated the cleanup of a Michigan Superfund site contaminated by decades of paper mill waste, according to a joint notice filed in Michigan federal court.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    Fla. Court Won't Halt Fatal Crash Suit During Tesla Venue Bid

    A Florida state judge on Friday denied Tesla Inc.'s request to pause proceedings in a fatal crash lawsuit as the company appeals an order blocking transfer to a neighboring county, citing a trial that's tentatively scheduled to commence in a matter of weeks. 

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Baby Food Cos. Get ADHD, Autism Claims Cut From MDL

    A California federal judge granted summary judgment on Wednesday to baby food manufacturers including Gerber and Walmart, ruling that children diagnosed with autism and ADHD had no admissible expert evidence showing that lead and arsenic in the products caused their conditions.

  • October 15, 2026

    Boeing Beats Investment Fund's 737 Max Fraud Suit For Good

    An Illinois federal judge on Thursday permanently dismissed an investment fund's suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying the investment fund has again failed to show it can pursue claims despite never purchasing Boeing shares.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Tesla Says Mass. Fiery Death Crash Suit Has Repetitive Claims

    Tesla is looking to trim a wrongful-death lawsuit filed in Massachusetts federal court by a mother who claims her 20-year-old son burned alive while trapped inside a crashed 2021 Model Y, arguing that half of the claims are duplicative or can't stand independently.

  • October 15, 2026

    OptumHealth Can't Get Out Of PBM Cases In Opioid MDL

    The healthcare delivery arm of UnitedHealth Group's Optum division can't escape bellwether cases alleging pharmacy benefit managers contributed to the opioid epidemic, an Ohio federal judge ruled Thursday, finding a recent Sixth Circuit decision didn't alter the court's jurisdiction over related state-law claims.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Insurer Seeks To Curb Coverage For Talc Co. Asbestos Suits

    An insurer said it owes limited or no coverage to a mineral producer in lawsuits bringing claims of injuries caused by exposure to asbestos in talc that the company mined and distributed, telling a Vermont federal court it has already paid beyond its appropriate pro-rata share of defense and indemnity costs.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

Expert Analysis

  • Opinion

    Clancy Trial Shows Need For Juror Anonymity Reforms

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    Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

  • Calif. AV Notices Reshape Crash Data Preservation, Discovery

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    California's new autonomous vehicle noncompliance notice process does not decide fault or establish that an AV is unsafe, but it can create a contemporaneous regulatory record and accelerate decisions about what crash-related data must be preserved, reviewed and potentially disclosed in litigation, says attorney Lem Garcia.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • How ChatGPT Teen Version Raises Product Liability Questions

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    OpenAI's recent rollout of ChatGPT for Teens offers younger users a purportedly safer version of the software — but it could also help plaintiffs who are questioning whether earlier versions were safe for minors, when the company identified risks and when safeguards became technically viable, says Michael McCready at McCready Law.

  • AG Watch: Va. Vape Product Regulations Enter A New Phase

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    Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • First Steps For Companies Facing AI-Assisted Pro Se Suits

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    As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.

  • PFAS Risks Require Due Diligence Beyond Compliance

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    While traditional environmental due diligence questions remain important, concern over perfluoroalkyl and polyfluoroalkyl substances has highlighted the growing problem of environmental conditions that create material business risk, even though no regulatory violation, enforcement action or lawsuit exists, say attorneys at Greenberg Traurig.

  • Elder Fraud Risk And Pleading Lessons From Meta Cases

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    Michael Gilfix and Benjamin Gicqueau at Gilfix & La Poll discuss how a recent Meta youth settlement and an April decision involving social media harms to children may point to a broader pleading framework in cases of elder fraud, and offer practical measures for platforms and consumers seeking to reduce elder fraud risk.

  • FTC Push May Create Dual Origin-Claim Risks For Contractors

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    Recent Federal Trade Commission actions involving Made in USA advertising requirements offer a preview of enforcement themes that may impose dual compliance burdens on government contractors that are also subject to Federal Acquisition Regulation Buy American restrictions, says Amy Hoang at Seyfarth.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

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    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • What Greek Tragedy Teaches About Mediating AI Disputes

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    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • 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.

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