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Product Liability
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January 07, 2026
FDA Pushes Back On Vape Cos.' 5th Circ. Appeal
The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.
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January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay
The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
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January 06, 2026
Texas Court Reverses Halt On Samsung's TV Data Collection
A Texas state judge Tuesday lifted his temporary block on Samsung deploying technology that the state's attorney general has alleged the television maker is using to unlawfully spy on viewers and harvest their data.
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January 06, 2026
Uber Can't Show Bellwether Jury That Driver Wasn't Charged
Ahead of next week's first-ever bellwether trial in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers, a California federal judge ruled Tuesday that Uber can't introduce evidence that the alleged assailant wasn't criminally charged.
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January 06, 2026
Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.
Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."
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January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban
A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
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January 06, 2026
Cider-Maker Challenges Federal Ban On Vintage Labeling
A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.
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January 06, 2026
NJ Judge Signals Green Light To Revive J&J Unit's Libel Suit
A New Jersey federal judge has indicated she is planning to grant a bankrupt Johnson & Johnson talc subsidiary's bid to revive its trade libel claim over a scientific article linking asbestos in talc to mesothelioma.
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January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing
Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight
A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
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January 06, 2026
Calif. Locomotive Emissions Rule Repeal Ends Industry Suit
A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.
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January 06, 2026
Meta Can't Revisit Order Blocking Clawback Of Attorney Docs
A District of Columbia Superior Court judge has refused to reconsider her order finding that Meta Platforms Inc. couldn't claim attorney-client privilege over documents it sought to claw back from discovery, saying the company can't use "sleight of hand" to recharacterize the communications in the documents.
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January 06, 2026
Federal Prosecutor Rejoins King & Spalding In Atlanta
A former federal prosecutor who left King & Spalding LLP five years ago for an assistant U.S. attorney role has returned to the firm as an Atlanta-based partner in its product liability and mass torts practice, according to a Tuesday announcement.
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January 06, 2026
San Diego Sues DHS Over Marines' Border Barrier
The city of San Diego has sued the Department of Homeland Security over what it described as an unauthorized installation of razor-wire fencing by the U.S. Marines in a city-owned protected wildlife habitat area near the southern border.
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January 06, 2026
Top Personal Injury, Medical Malpractice Cases Of 2025
A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.
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January 06, 2026
Teva Gets Claims Trimmed Ahead Of IUD MDL Bellwether Trial
A Georgia federal judge has trimmed some claims from a bellwether trial against original manufacturer Teva Pharmaceuticals over alleged defects in the Paragard intrauterine device that a woman says caused her injuries requiring surgery, while allowing some failure to warn, design defect and punitive damages claims to proceed.
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January 05, 2026
Amazon Plaintiff Says 'Buy Movie' Button Fools Shoppers
A California woman accusing Amazon of lying to consumers about whether they own movies purchased on its Prime Video platform said the e-commerce giant can't avoid the proposed class action by hiding behind fine print, arguing shoppers who bought media weren't sufficiently informed they could lose access at any time.
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January 05, 2026
Hawaiian Electric Reaches $47.8M Investor Deal Over Wildfires
Hawaiian Electric Industries Inc. shareholders reached a nearly $48 million settlement with the company and some of its leaders in a suit blaming it for the downturn in its stock price following a deadly 2023 fire on Maui, and asked a California federal judge on Monday to grant the deal preliminary approval.
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January 05, 2026
Uber Sex Assault MDL Judge Won't Delay Bellwether Trial
A California federal judge on Monday denied Uber's request to postpone the first of some 20 bellwether trials in multidistrict litigation over passenger sexual assaults despite the company's assertion that the jury pool will be tainted by what it said was a plaintiffs' counsel advocacy group commercial saying Uber refused to make safety improvements.
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January 05, 2026
Owlet Investors Seek Final OK For $3.5M Deal, Atty Fees
Investors suing digital baby monitoring device manufacturer Owlet Inc. have asked a California federal court to grant final approval to a $3.5 million deal settling claims the company misled investors about approvals required from the U.S. Food and Drug Administration to sell its "smart socks."
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January 05, 2026
OpenAI Sued Again Over ChatGPT's Role In Murder-Suicide
A second lawsuit has been filed against OpenAI accusing it of negligently designing its artificial intelligence tool ChatGPT, which caused a man to murder his mother and commit suicide, according to the complaint in California federal court.
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January 05, 2026
Quince Moves To Toss Williams Sonoma's False Ad Suit
Quince urged a California federal court on Friday to dismiss Williams-Sonoma Inc.'s lawsuit that accuses the online retailer of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, saying Williams Sonoma's complaint cuts out "key context" regarding Quince's ads.
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January 05, 2026
PG&E Inks $100M Deal To Settle Investors' Wildfire Suit
California utility Pacific Gas & Electric Co., its brass and its underwriters have reached a $100 million deal ending investor claims over allegedly misleading statements about the company's safety practices ahead of deadly wildfires in the past decade.
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January 05, 2026
9th Circ. Creates Split On Dormant Commerce And Cannabis
The Ninth Circuit's decision Friday finding that a constitutional doctrine barring states from enacting protectionist policies does not apply to federally illegal retail marijuana sets up an apparent circuit split and may bring the matter closer to U.S. Supreme Court review.
Expert Analysis
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Navigating DEA Quotas: Key To Psychedelics Industry Growth
As new compounds like DOI enter the Schedule I landscape, manufacturers who anticipate U.S. Drug Enforcement Administration quota regulations, and build quota management into their broader strategy, will be best equipped to meet the growing demand, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Opinion
Punitive Damages Awards Should Be Limited To 1st Instance
Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Justices' LabCorp Punt Leaves Deeper Class Cert. Circuit Split
In its ruling in LabCorp v. Davis, the U.S. Supreme Court left unresolved a standing-related class certification issue that has plagued class action jurisprudence for years — and subsequent conflicting decisions among federal circuit courts have left district courts and litigants struggling with conflicting and uncertain standards, say attorneys at Cozen O'Connor.
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10 Quick Tips To Elevate Your Evidence Presentation At Trial
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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AI Product Safety Insights May Expand Foreseeability
Product liability law has long held that companies are responsible for risks they knew about or should have known about — and with AI systems now able to assess and predict hazards during the design process, companies should expect that courts will likely treat such hazards as foreseeable, says Donald Fountain at Clark Fountain.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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How A 9th Circ. False Ad Ruling Could Shift Class Certification
The Ninth Circuit's July decision in Noohi v. Johnson & Johnson, holding that unexecuted damages models may suffice for purposes of class certification, has the potential to create judicial inefficiencies and crippling uncertainties for class action defendants, say attorneys at Alston & Bird.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Compliance Tips Amid Rising FTC Scrutiny Of Minors' Privacy
The Federal Trade Commission has recently rolled out multiple enforcement actions related to children's privacy, highlighting a renewed focus on federal regulation of minors' personal information and the evolving challenges of establishing effective, privacy-protective age assurance solutions, say attorneys at Nelson Mullins.