Product Liability

  • October 06, 2026

    Justices Won't Hear Ex-Theranos Exec's Conviction Challenge

    The U.S. Supreme Court has declined to hear an appeal by Ramesh "Sunny" Balwani, former executive of the blood-testing startup Theranos, of his criminal fraud conviction and nearly 13-year prison sentence,

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    AppLovin Skirts Controls To Show Kids Explicit Ads, Suit Says

    The county of San Diego lodged a lawsuit Monday alleging digital advertising platform AppLovin Corp. strips away parental controls meant to shield children from sexual and violent material in order to steer graphic ads to children and harvest their sensitive information to train its artificial intelligence.

  • October 05, 2026

    Roundup Evidence Strong In Every Research Area, Jury Hears

    A jury weighing cancer claims against Monsanto heard testimony Monday that scientific research shows a "strong" link between glyphosate and cancer in animal, molecular and human epidemiological studies, even when accounting for participants' exposure to other substances.

  • October 05, 2026

    Oil Giants Seek 2029 Trial In Wash. Tribes' Climate Harm Suits

    Oil giants Exxon, Chevron, Shell and others are at odds with two Native American tribes over when to schedule a trial in the tribes' consolidated lawsuits in Washington state court accusing the companies of downplaying the risks of climate harm.

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Unsure Climate Lawsuits Are A Constitutional Matter

    U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

  • October 05, 2026

    Starbucks' Protein Drinks Aren't Sugar-Free, Suit Says

    Starbucks customers filed a proposed class action in Washington federal court on Friday, accusing the coffee chain of trying to capitalize on the protein craze last year by launching a line of protein beverages labeled "sugar-free," even though they contain 13 to 21 grams of sugar per venti-size serving.

  • October 05, 2026

    Ford Didn't Need To Keep Ex-Engineer's Records, Judge Says

    A Massachusetts federal magistrate judge on Monday denied a bid for curative measures from a group of drivers suing Ford Motor Co. over allegedly faulty transmissions, saying their proposed class action failed to show that the automaker had a duty to preserve records from a former chief engineer who left the company years before the suit was filed.

  • October 05, 2026

    Justices Skip American Airlines Teen In-Flight Death Suit

    The U.S. Supreme Court on Monday declined to consider a case from the family of a 14-year-old teenager who died of cardiac arrest on board an American Airlines flight, which sought clarity on what's considered an accident under the Montreal Convention.

  • October 05, 2026

    11th Circ. Won't Revive Carnival Cruise Jacuzzi Hatch Fall Suit

    The Eleventh Circuit won't reinstate a cruise passenger's suit against Carnival Corp. alleging she fell down a jacuzzi maintenance hatch while aboard a 2024 cruise, saying she failed to show the cruise line had any constructive notice of the danger.

  • October 05, 2026

    Tribe, Enviros Say Utility Flouted Nebraska Power Line Block

    Conservation groups and the Rosebud Sioux Tribe are asking a district court to decide a Nebraska utility's motion to lift a partial block on the approval of its 226-mile, 345-kilovolt electricity transmission line before construction starts, arguing that the federal government again ignored important aspects of the problem.

  • October 05, 2026

    Justices Decline To Hear Post-Mallory Forum-Shopping Fight

    The U.S. Supreme Court on Monday declined to consider whether state business-registration laws like Pennsylvania's asserting jurisdiction over out-of-state companies for out-of-state conduct alleged by out-of-state plaintiffs are unconstitutional under the dormant commerce clause.

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 02, 2026

    Uber Settles Bellwether In Sex Assault MDL Before Trial

    Uber Technologies Inc. settled with a Texas woman just ahead of opening statements in the third scheduled bellwether trial in multidistrict litigation over alleged sexual assaults by the ride-hailing company's drivers, her attorneys announced Friday.

  • October 02, 2026

    PACCAR Can't Nix Drivers' Faulty Diesel Engine Warranty Suit

    A Washington federal judge ordered PACCAR Inc. to face a proposed class action alleging it sold faulty diesel engines, rejecting its Clean Air Act preemption defense and ruling that the suit plausibly pleads claims that the alleged defects breached the engine warranty. 

  • October 02, 2026

    Costco 'Health Washing' Electrolyte Drink Mix, Customer Says

    Costco has been accused in Washington federal court of illegally "health-washing" its variety pack of Kirkland brand electrolyte drink mix by labeling the product as though it's sugar-free despite containing an ingredient federal and state labeling standards consider a sugar.

  • October 02, 2026

    NJ County Files Latest Climate Risk Suit Against Big Oil

    ExxonMobil, BP, Chevron and others owe hundreds of millions of dollars for environmental disasters caused by fossil fuels, a New Jersey county claimed in the latest suit accusing the oil giants of concealing the climate change risks purportedly posed by their operations.

  • October 02, 2026

    Dunkin' Sued Over Allulose In 'Zero Sugar' Energy Drinks

    The owner of Dunkin' faces a proposed class action claiming its "zero-sugar" energy drink is deceptively marketed and actually contains "a rare sugar," according to a complaint filed in Massachusetts federal court.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    Mercedes-Benz Beats Class Cert. Bid In Piston Defect Suit

    A California federal judge denied class certification to Mercedes-Benz customers who allege the automaker failed to disclose a major piston defect in certain vehicles, saying issues common to the proposed class as a whole don't predominate over issues that affect only individual members.

  • October 02, 2026

    Bell Sports, AIG Unit Settle Helmet Defect Coverage Dispute

    A motorcycle helmet company and an AIG-affiliated insurance company have resolved a lawsuit filed in California federal court over coverage stemming from claims of defects that allegedly caused a helmet to fly off a rider's head during a collision, according to court documents.

  • October 02, 2026

    Meet The Attys Arguing Colo. Climate Tort At The High Court

    U.S. Supreme Court oral arguments over the future of climate change torts against energy companies on Monday will feature a trio of attorneys who have spent plenty of time at the high court's lectern. Here's who will be arguing for or against letting the city and county of Boulder, Colorado's climate lawsuit against ExxonMobil and Suncor Energy proceed in state court.

  • October 02, 2026

    Millie Moon Diapers Cause Skin Rash And Leaks, Buyers Say

    Zuru's Millie Moon luxury baby diapers suffer from a defect that causes them to leak and contribute to skin peeling, rashes and burn-like injuries, despite being advertised as being "dermatologically tested," and having "12 hour absorbency", alleges a consumer protection proposed class action filed Thursday in California federal court.

Expert Analysis

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • FDA Closeout Letter Suggests Relaxing Stance On Wearables

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    The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

  • How Rogue AI May Shape Corporate Liability, Responsibility

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    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • How Texas' Protein Powder Probe Reflects Prop 65's Influence

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    Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

  • Insurer Spoliation Ruling Flags Continuing Duty To Preserve

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    An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • Del. Boeing Ruling Shows How Compliance Defeats Caremark

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    The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

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