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

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • Resetting For Success After Corporate Litigation Loses Focus

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    Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

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    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • How Cos. Can Avoid Infant Product False Advertising Suits

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    As lawsuits proliferate over products marketed for infant use and sold at a premium that are identical to cheaper general-use products, manufacturers should review related product lines, and scrutinize contextual cues that may contribute to the overall message received by consumers, say attorneys at Chamberlain Hrdlicka.

  • Meta Deal Highlights Advisory Jury Issues, Litigation Risk

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    The $17 billion settlement of youth safety claims brought against Meta offers lessons for all consumer-facing companies because the court made the rare move of empaneling an advisory jury and the case was built on what the company learned from its own studies, says Mark Morgan at McCarter & English.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Retailers Must Navigate State Innocent-Seller Law Patchwork

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    States' innocent-seller statutes can shield nonmanufacturing retailers from product liability claims to varying degrees, and by building the evidentiary record strategically throughout discovery, companies can improve their chances of obtaining summary judgment — but it is essential to stay abreast of the rapidly evolving policy environment, say attorneys at Chamberlain Hrdlicka.

  • State AI Safety Laws Raise New Liabilities For Healthcare Cos.

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    Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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