Product Liability

  • June 12, 2025

    Hemp Retailer Sues DC, Feds Over District's Cannabis Policy

    A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.

  • June 12, 2025

    8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

    The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.

  • June 12, 2025

    Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid

    A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.

  • June 12, 2025

    Approach The Bench: Judge Proctor On Civility, Civil Rules

    R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.

  • June 11, 2025

    9th Circ. Doubts Kleenex Ad Fight Belongs In District Court

    Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.

  • June 11, 2025

    Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement

    A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.

  • June 11, 2025

    Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities

    President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.

  • June 11, 2025

    Wash. Panel Grills Worker Family On $5M Asbestos Win Basis

    A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.

  • June 11, 2025

    9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal

    A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."

  • June 11, 2025

    American Airlines Workers Win $18.7M Toxic Uniform Award

    A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    Paddle Maker Wants Counterclaims Tossed In Contract Row

    Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.

  • June 11, 2025

    Insurer Says Law Firm Mishandled Pesticide Exposure Suit

    An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit above policy limits due to the firm's negligence and malpractice.

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 11, 2025

    Gun Groups Sue NJ, Bondi Over Handgun Age Restriction

    A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.

  • June 10, 2025

    Stewart's Newest Discretionary Denial Has Attys On Edge

    The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.

  • June 10, 2025

    Amazon Can't Duck Suit Over Non-FDA Approved Supplements

    Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.

  • June 10, 2025

    Feds Aim To Trim Ga. Suit Over Air Force Wall Collapse Death

    The U.S. government has urged a Georgia federal judge to dismiss negligent inspection and maintenance claims by the parents of a teen killed when a partition wall at Robins Air Force Base collapsed, arguing they are barred under the Federal Tort Claims Act.

  • June 10, 2025

    Samsung, Home Depot Liable For Home Fire, Insurer Says

    Samsung and Home Depot owe an insurer more than $330,000 for payments made to a policyholder for fire damage, the insurer said in a suit removed to Pennsylvania federal court, alleging that an electric range manufactured by Samsung and sold by Home Depot caused the blaze.

  • June 10, 2025

    Jury Awards $28M In Latest PacifiCorp Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.

  • June 10, 2025

    Mazda Driver Says Emissions Claims Distinct From Calif. Case

    A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.

  • June 10, 2025

    Deere & Co. Must Face FTC Suit Over Repair Restrictions

    An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.

  • June 10, 2025

    Apple Faces Class Cert. Bid Over AirTag Stalking Risks

    Victims stalked by abusers of Apple's AirTag asked a California federal judge to certify their proposed class action, arguing their negligence and product liability claims can be adjudicated in one fell-swoop since they rest on the same question of whether the tag's design unreasonably put them at risk of harm.

  • June 10, 2025

    Insurer Exposed Drivers' Personal Information, Court Told

    An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.

  • June 10, 2025

    Mo. Verdict Winner Urges Justices To Deny Roundup Appeal

    A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.

Expert Analysis

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • How Cos. Can Mitigate Increasing Microplastics Liability Risk

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    Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

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