Product Liability

  • March 28, 2025

    Tribe Not Ready For '2nd Bite' In Pipeline Row, Judge Says

    A D.C. federal judge on Friday dismissed a lawsuit by the Standing Rock Sioux Tribe that looked to shut down the Dakota Access Pipeline, saying the litigation was prematurely filed and the precise nature of relief requested by the tribe remains unclear.

  • March 28, 2025

    Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death

    The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."

  • March 28, 2025

    Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension

    In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.

  • March 28, 2025

    Vape Co. Sued Over Burns From Exploding Battery

    A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.

  • March 27, 2025

    Tesla Faces Fraud Claims Over Fatal Autopilot Crash

    A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Fertility Co. Wants To Pull Device Maker Into Negligence Suit 

    A fertility products company wants two other companies to share potential liability from a Connecticut state lawsuit alleging that a recalled culture medium was responsible for the loss of embryos a couple were planning to use for in vitro fertilization.

  • March 27, 2025

    Sikorsky Loses Bid To Move Fatal Crash Suit To Conn.

    Sikorsky Aircraft Corp. can't get a lawsuit over a fatal helicopter crash transferred from Pennsylvania to Connecticut, in part because the crashed helicopter underwent finishing and flight testing at Sikorsky's former facility in the Keystone State, a federal judge has ruled.

  • March 27, 2025

    Senate Panel Grills FAA, Army On DCA Midair Collision

    U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.

  • March 27, 2025

    Barretts Mediator Feinberg Blames Committee For Impasse

    The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."

  • March 27, 2025

    AIG Drops Water Damage Suit Against NFL Player's Contractor

    An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.

  • March 27, 2025

    Feds Allowed To Weigh In On MultiPlan Pricing MDL

    The federal government will be allowed to appear in multidistrict antitrust litigation targeting MultiPlan's out-of-network reimbursement rates to offer input on the legal framework for analyzing claims involving the joint use of algorithms, a practice it says poses "a growing threat" to free market competition.

  • March 27, 2025

    Costco Settles Listeria-Contaminated Chicken Wrap Claims

    Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.

  • March 27, 2025

    Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal

    A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.

  • March 27, 2025

    HHS To Cut 10,000 Jobs As RFK Jr. Reorganizes Agency

    The U.S. Department of Health and Human Services said Thursday that it would lay off 10,000 employees as part of a "dramatic" plan to restructure the agency and downsize its workforce by about 24%.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Supreme Court Skeptical Of Nixing FCC Subsidy Fund

    Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.

  • March 26, 2025

    Pepperidge Farm Can't Outswim Goldfish False Ad Suit

    Pepperidge Farm can't escape a proposed class action alleging it falsely labels its Goldfish crackers as containing no artificial flavors or preservatives, despite citric acid being part of the ingredients list, after a New York federal judge said Wednesday the plaintiff demonstrated the statement could be deceptive to reasonable consumers.  

  • March 26, 2025

    Tesla Can't DQ Calif. Judge Over His Old Firm's Prior Work

    A California federal judge has rejected Tesla Inc.'s bid to disqualify him from an accident case over his prior law firm's work on employment cases against the automaker, saying that aside from that the motion was not brought in time.

  • March 26, 2025

    Big Oil Cos. Must Face Tribal Climate Suits In State Court

    A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.

  • March 26, 2025

    2 Class Actions Over Cannabis Cos.' Product Labels Dropped

    The plaintiffs who were leading two proposed class actions in Illinois federal court alleging that cannabis companies have mislabeled their products to get around Illinois state law have dropped their cases.

  • March 26, 2025

    False COVID Cure Claims No Longer Feds' 'Current Priority'

    The Trump administration has abandoned another case targeting allegedly false claims that an over-the-counter product could treat, or even cure, COVID-19 by dropping its case against a one-man herbal tea operation.

  • March 26, 2025

    Insurers Must Cover $29M Axle Defect Costs, Co. Says

    A successor company to an auto parts manufacturer told a Michigan federal court Wednesday its commercial general liability insurers must help cover nearly $29 million a German company said it lost from faulty axle shafts it purchased and were ultimately installed in certain Dodge Ram pickup trucks.

  • March 26, 2025

    Del. Justices Urged Not To Open Malpractice Suit 'Floodgates'

    Attorneys representing Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA urged the Delaware Supreme Court on Wednesday to reject a bid to revive a malpractice suit filed over damages sought for a child's "catastrophic injuries" allegedly caused by contamination from a chicken plant, saying doing so could open "floodgates" for similar suits.

  • March 26, 2025

    High Court Upholds ATF's Ghost Gun Rule

    The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.

Expert Analysis

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Opinion

    Big Oil Climate Ruling Sets Dangerous Liability Precedent

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    The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

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