Product Liability

  • October 09, 2026

    Amazon, Nitrous Cos. Marketed Gas For Inhaling, Suit Says

    Nearly 100 consumers are suing Amazon.com Inc. and multiple nitrous oxide manufacturers in Washington state court, alleging the companies marketed candy-flavored gas canisters for recreational inhalation without warning them that they are addictive or could cause paralysis, brain damage and even death.

  • October 09, 2026

    Vape Cos. FDA Suit On Hold As Agency Reviews Policy

    A Texas federal court has granted a joint motion to stay litigation by an Altria Group Inc. vape subsidiary challenging the U.S. Food and Drug Administration's premarket authorization rule, pausing proceedings while the FDA pursues rulemaking to replace the challenged framework.

  • October 09, 2026

    Cannabis Wholesaler Settles Conn. AG's Consumer Claims

    A wholesaler that allegedly supplied Connecticut stores with high-potency cannabis products has agreed to settle a state enforcement action for $2 million and a promise not to operate without a license, according to a stipulated judgment Thursday.

  • October 09, 2026

    Apple Faces Trimmed Down BIPA Trial Over Faceprint Claims

    An Illinois federal judge has ruled Apple must face a jury over claims its Photos app unlawfully collects Illinois users' faceprints, rejecting the company's argument that encryption shields it from liability under the state's biometric privacy law but scrapping claims over cropped facial images.

  • October 09, 2026

    Kimberly-Clark Says Huggies 'Hypoallergenic' Claim Is True

    Kimberly-Clark Corp. is urging a New York federal court to throw out a woman's suit alleging that Huggies diapers are falsely advertised as hypoallergenic, saying she's stretching the word too thin to make her case.

  • October 09, 2026

    Eli Lilly Lobs 4 Suits Alleging Illegal Weight Loss Drug Sales

    Eli Lilly and Co. has sued an Arizona weight loss clinic and three online sellers, alleging they are illegally selling products containing the pharmaceutical giant's investigational molecule that has not yet been approved for use in any drug, endangering consumers in a mockery of safety guidelines.

  • October 09, 2026

    IVF Genetic Test Class Can't Prove Inaccurate Results

    A New Jersey federal judge has thrown out a proposed class action alleging a genetic testing company misled consumers about the accuracy of in-vitro fertilization patient tests, ruling the plaintiffs failed to show they actually received inaccurate results.

  • October 09, 2026

    Anti-SLAPP Law Doesn't Tank Firm Breakup Case, Judge Says

    A Connecticut trial attorney and his new firm cannot invoke the state's anti-SLAPP law to dismiss claims brought by his former law partner, a state court judge held Thursday in one of multiple lawsuits stemming from Connecticut Trial Firm LLC's dissolution less than two years after it gained prominence with a record-setting personal injury verdict.

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 08, 2026

    Roundup Is The Cancer Culprit For 3 Plaintiffs, Jury Hears

    A prominent oncologist testified Thursday that Roundup use is the factor responsible for the blood cancers of three plaintiffs, including one "without any risk factors" other than her use of the Monsanto pesticide.

  • October 08, 2026

    Boeing Plaintiffs Seek Board, Exec Records In Door-Plug Suit

    Passengers suing The Boeing Co. over the 2024 blowout of an aircraft door panel urged a Washington state judge to force the aerospace giant to hand over documents that allegedly tie the incident to decisions made at the company's former headquarters in Illinois.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    Kratom Cos. Say Baltimore Overreached With Marketing Suit

    Three kratom sellers and distributors are asking a Maryland federal court to throw out a suit from the city of Baltimore alleging they misled consumers about the addictive nature of kratom, and saying the city is trying to step into enforcement shoes that are meant to be filled by state actors.

  • October 08, 2026

    DA Looks To Stifle Subpoena In NC Digital Court Class Claims

    A local district attorney is seeking to quash a subpoena in a proposed class action alleging glitches in North Carolina's electronic court system led to scores of individuals being wrongfully arrested or detained, calling the request "overly broad" and "unduly burdensome."

  • October 08, 2026

    IP Rights Group Urges Against Litigation Funding Disclosure

    An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

  • October 08, 2026

    Pa. Justices To Hear Philly's Suit Over Opioid-Spurred Crime

    The Pennsylvania Supreme Court has agreed to weigh in on whether the city of Philadelphia can sue CVS Pharmacy Inc. and other stores under state public nuisance laws for allegedly exacerbating the opioid epidemic with their prescription drug sales.

  • October 08, 2026

    Oil Co. Moves To Toss Landowners' Well Cleanup Claims

    Colorado landowners who won class certification in a federal suit accusing an oil and gas company of transferring well rights to avoid cleanup obligations faced the company's bid to dismiss court-ordered cleanup claims, with the company saying the landowners cannot show that any court order would result in the wells being plugged.

  • October 08, 2026

    Amazon Sued Over Child And Woman's Fire Pit Fuel Burns

    A minor and a family friend are suing Amazon.com Inc. in a New Jersey state court, alleging they were severely burned when a defective fueling bottle for a tabletop fire pit experienced "flame jetting" while the fire pit was being refueled.

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 07, 2026

    Florida AG Seeks To Force Meta To Curb Addictive Features

    The Florida attorney general Wednesday asked a state court to compel Meta Platforms Inc. to impose age verification measures and curb addictive features, saying that a recent $17.1 billion settlement with other state attorneys general shows that the social media giant can do so.

  • October 07, 2026

    House, Senate Dems Pitch Plans To Clamp Down On AI Harms

    A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

  • October 07, 2026

    Ill. Widow Sues Over Fatal 'Projectile' Whipped Cream

    Walmart, Sam's Club and an Illinois container company are facing Illinois state wrongful death claims from a widow who claims they sold whipped cream in a defective cannister that exploded after falling from her fridge and contributed to her husband's premature death.

  • October 07, 2026

    JPML Consolidates Nevro, Abbott Spinal Cord Device Suits

    The Judicial Panel on Multidistrict Litigation has created separate MDLs over purportedly defective spinal cord stimulators manufactured by Nevro LLC and Abbott Laboratories, rejecting the manufacturers' arguments that the cases' plaintiffs do not share enough common factual questions to warrant consolidation.

  • October 07, 2026

    Alito Explains Recusal But Says It Shouldn't Become Practice

    U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

Expert Analysis

  • 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.

  • Costco Chicken Case Highlights Food Labeling Lessons

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    Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • AI Chatbot's Medical Claims Highlight Enforcement Risks

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    The Pennsylvania State Board of Medicine's recent lawsuit against Character Technologies, arguing that an artificial intelligence chatbot engaged in the unlicensed practice of medicine, may provide other state licensing boards with a road map for going after AI platforms, and counsel should advise clients to calibrate compliance accordingly, say attorneys at Cooley.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

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