Product Liability

  • August 31, 2026

    NY's Landmark Climate Change Superfund Law Blocked

    A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Tesla Asks 9th Circ. To Decertify 'Full Self-Driving' Ad Class

    Tesla urged the Ninth Circuit on Monday to decertify classes of Tesla buyers who accuse the company of making false and deceptive promises about the capabilities of their "self-driving" electric vehicles, arguing that there's no proof showing all class members viewed the alleged misstatement at issue on Tesla's webpage.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    Zimmer Wins Hip Implant Suit After Expert Testimony Tossed

    A New York federal judge handed Zimmer Inc. an early win in a multidistrict litigation case alleging its hip prosthetics are faulty, after finding that the plaintiff's only expert witness could not testify because his opinion that the device was defective was based solely on the fact that it broke.

  • August 31, 2026

    Defamation Litigation Roundup: NYT, J&J, Azerbaijan

    In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

  • August 31, 2026

    SEC, FDA Enter Info-Sharing Pact To Bolster Enforcement

    The U.S. Securities and Exchange Commission and U.S. Food and Drug Administration are looking to bolster information-sharing related to FDA-regulated products in a bid to help each other in their respective oversight and compliance efforts, according to a three-year memorandum of understanding the agencies announced Monday.

  • August 31, 2026

    Oregon Packaging Law Survives Constitutional Challenge

    An Oregon federal judge ruled against a national trade association's challenge of an Oregon law that imposed recycling system costs on producers of packaging materials, rejecting arguments that it was unconstitutional.

  • August 31, 2026

    Ford, Bronco Builder Rev Up TM Fight Over Custom Builds

    Ford Motor Co. and a custom Bronco builder are trying to pare down their trademark fight in dueling summary judgment bids, with Ford targeting defenses to its claims over Bronco-inspired SUVs and the defendants accusing the automaker of improperly renewing its Bronco registration while the model was out of production.

  • August 31, 2026

    Dupray Hit With Suit Over Steam Cleaner Recall

    Canadian appliance company Dupray faces a proposed class action over more than 650,000 steam cleaners it recalled earlier this year due to complaints of ruptures that expelled hot water onto users, according to a complaint filed in New York federal court.

  • August 31, 2026

    Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

    Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

  • August 31, 2026

    Tesla, Calif. Family Settle Suit Over Fatal Autopilot Crash

    Tesla has agreed to settle a suit alleging the automaker's autopilot technology and marketing of its self-driving capabilities contributed to a fatal 2023 crash that killed a driver and seriously injured his passenger, according to documents filed in California federal court.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

  • August 31, 2026

    Kind Hit With False-Ad Suit Over 'ZEROg Added Sugar' Label

    Kind LLC violates food labeling regulations by selling snack bars containing the added monosaccharide allulose while prominently representing that they contain zero grams of added sugar, according to a proposed false advertising class action filed Friday in New York federal court. 

  • August 31, 2026

    Businesses Agree To Drop Norfolk Southern Derailment Suits

    Ohio federal judges on Monday tossed more than a half dozen lawsuits business owners filed against Norfolk Southern Corp. over the East Palestine train derailment and chemical spill in the state after the plaintiffs and the railroad moved to have them dismissed.

  • August 31, 2026

    3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

    The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

  • August 31, 2026

    Mead Johnson Prevails In 1st Infant Formula MDL Trial

    An Illinois federal jury sided with Mead Johnson on Monday in a lawsuit claiming its infant formula caused a premature baby boy to develop a fatal intestinal disease, rejecting his mother's claims that the company should be held liable for making a defective product and failing to adequately warn doctors of the risks associated with it.

  • August 31, 2026

    Feds' Crackdown Targets Commercial Trucking Fraud

    The Trump administration said Monday it is immediately shutting down 110 commercial driver's license schools for certifying truck drivers who can't read or speak English, and pledged to aggressively prosecute accused "fraudsters" who knowingly put untrained or unskilled truck drivers on American roads.

  • August 28, 2026

    Meta's $17B Child Safety Deal Puts Heat On Congress To Act

    Meta's landmark $17.1 billion settlement of states' claims that it purposely addicted kids to social media mandates many of the safeguards increasingly being required by a growing patchwork of largely contested state child safety laws, boosting not only the profile of these measures but also the push for Congress to enact a more comprehensive fix.

  • August 28, 2026

    Uber Text Doesn't Bind Guest Rider To Arbitrate, DC Circ. Says

    Uber cannot force into arbitration a passenger who sued over a crash in which he was severely injured when the ride was requested by his wife since he never created an account or agreed to the ride-hailing company's terms of service, the D.C. Circuit said in a published opinion Friday.

  • August 28, 2026

    Mead Johnson, Mom Clash On Formula Risks In Trial Closing

    An Illinois federal jury is set to begin deliberating Monday on a mother's claims that Mead Johnson is liable for her infant son's death, with attorneys making closing remarks Friday in the first test case to be tried among more than 800 consolidated lawsuits linking a deadly bowel condition to premature baby formula.

  • August 28, 2026

    Walmart Pays $50M To End DOJ's Suit Over Opioid Crisis

    Walmart has agreed to pay $50 million to settle the U.S. Department of Justice's nearly 6-year-old lawsuit in Delaware federal court alleging the big-box retailer helped spur the nationwide opioid crisis by unlawfully dispensing controlled drugs from its pharmacies, the department announced Friday.

  • August 28, 2026

    Ex-Eli Lilly Rep Can't File Whistleblower Claims In NJ

    A New Jersey federal judge on Friday dismissed a former Eli Lilly sales manager's suit alleging she was fired after objecting to pressure to promote off-label use of the diabetes drug Mounjaro, finding that the court lacked personal jurisdiction over the Indiana‑based drugmaker.

  • August 28, 2026

    AT&T Says Charter Is Misleading Consumers With 'Fiber' Claims

    AT&T Teleholdings Inc. told a Texas federal judge on Friday that Charter Communications Inc. duped consumers by falsely touting its Spectrum brand residential internet service as being entirely fiber, when in reality the company uses copper cable to make the connection to a consumer's home.

  • August 28, 2026

    ConocoPhillips Can't Dodge Climate Torts, Wash. Tribes Say

    Two Native American tribes urged a Washington state judge Friday to preserve their climate change tort claims against ConocoPhillips, contending there's a "clear connection" between the oil company's Washington ties, its alleged actions downplaying the dangers of burning fossil fuels and the tribes' purported injuries.

Expert Analysis

  • Malpractice Claim Assignability Continues To Divide Courts

    Author Photo

    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

    Author Photo

    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • When Bankruptcy Collides With Product Recalls

    Author Photo

    The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

  • Series

    Teaching Logic Makes Me A Better Lawyer

    Author Photo

    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

    Author Photo

    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • New State Regs On PFAS In Products Complicate Compliance

    Author Photo

    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

    Author Photo

    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

    Author Photo

    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

    Author Photo

    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Rescheduling Cannabis Marks New Tax Era For Operators

    Author Photo

    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Series

    Playing Tennis Makes Me A Better Lawyer

    Author Photo

    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

    Author Photo

    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • How Generative AI Cos. Can Navigate Product Liability Claims

    Author Photo

    Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

  • And Now A Word From The Panel: MDL Year In Review

    Author Photo

    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Class Actions At The Circuit Courts: January Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.