Product Liability

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    Driscoll's Hit With NY Suit Over Alleged PFAS On Berries

    A consumer on Thursday hit California-based Driscoll's Inc. with a proposed class action in New York federal court, alleging the berry-producing giant failed to disclose the presence of PFAS residue from pesticides on its strawberries.

  • September 25, 2026

    Unilever Says Web Safety Pledges Can't Support Benzene Suit

    Unilever is urging a Connecticut federal judge to toss a consumer class action alleging benzene contamination in dry shampoos, arguing a plaintiff can't rely on statements that appeared on websites, not product labels, to support the case after a $3.6 million deal was torpedoed.

  • September 25, 2026

    Clorox Sued Over 6.3M-Bottle Bacteria Risk Recall

    A pair of Puerto Rican buyers are suing The Clorox Co. in California federal court over the recent recall of 6.3 million bottles of Mistolin and Lestoil cleaners for bacterial contamination risks, saying the company should have been aware of the risk sooner and its recall falls well short of making consumers whole.

  • September 25, 2026

    Meta Lied About Data Privacy, New Mexico Jury Finds

    A New Mexico jury said Friday that Meta lied willfully on 26 different occasions regarding data privacy, hate speech, misinformation and Facebook's outside investigation of third-party app developers after the Cambridge Analytica scandal.

  • September 25, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Glencore Energy sue a refinery for allegedly defrauding it out of more than $236 million worth of crude oil, the former CEO of ankle-tag maker Big Technologies file a defamation claim against the company, and property investment group Hunter Jones hit by a claim from the Financial Conduct Authority. 

  • September 24, 2026

    Expedia Hit With Smoke Detector Suit Over Deadly VRBO Fire

    A Massachusetts family has accused Expedia of negligently listing VRBO vacation rental properties without smoke detectors after an apartment they booked in the Dominican Republic caught fire, leading to the deaths of four family members, according to a Washington state court lawsuit.

  • September 24, 2026

    Bid For Conn. High Court Help Turned Down By PFAS Judge

    A Connecticut federal judge has, for now, declined a request seeking to ask the state's high court to determine whether state law allows for a medical monitoring remedy for firefighters who suffered forever-chemicals exposure from their protective gear that was manufactured with chemicals provided by 3M, DuPont and others.

  • September 24, 2026

    FTC Eyes Tech Cos.' Profits In Fight Against Online Scam Ads

    The Federal Trade Commission said Thursday it wants input on whether it should update rules for preventing impersonation scams online, homing in on ad optimization tools that have helped scammers net billions from consumers while allowing tech companies to "internalize the revenue but externalize the risk."

  • September 24, 2026

    GM Accused Of Defective Oil Cooling System In Trucks

    Certain models of Chevrolet Silverado and GMC Sierra vehicles have a defective oil cooling system that can cause complete engine failure, a group of truck owners alleged Thursday in a proposed class action claiming General Motors knew about the problem, never issued a recall and refused to honor warranties when engines failed.

  • September 24, 2026

    RICO Suit Claims CH Robinson, TQL Are Using Illegal Carriers

    Family-owned trucking companies have accused two of North America's largest freight brokers, C.H. Robinson Worldwide Inc. and Total Quality Logistics LLC, of steering long-haul shipments to illegal "fly-by-night" or "chameleon" carriers, muscling out legitimate trucking firms, according to a suit filed in Texas federal court.

  • September 24, 2026

    TikTok Loses Bid To Trim Kids' Data Privacy Suit In Calif.

    A California federal judge on Thursday refused TikTok's bid to trim claims from a proposed class action alleging that the platform exploits the private information of users under 13, saying at a hearing that the question of whether previous TikTok settlements bar the plaintiffs' claims should be saved for later.

  • September 24, 2026

    Plaintiffs Bar Says $243M Tesla Verdict Doesn't Hurt Innovation

    An association of plaintiffs attorneys is urging the Eleventh Circuit to reject Tesla Inc.'s appeal of a $243 million verdict against it in a fatal crash suit, saying products liability law and punitive damages don't hinder or put a "tax" on innovation, but rather encourage it by creating an incentive to create better, safer products.

  • September 24, 2026

    Court Urged To Trim TM Claim From Fake Google Charger Suit

    An accessories company has asked for dismissal of part of a suit brought by Google accusing it of trademark infringement by selling counterfeit charging devices with an imitation of Google's logo, arguing that the registrations don't cover the types of cables at issue.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    SC Judge Wants Clarity On Opioid 'Bodily Injury' Coverage

    A South Carolina federal judge said Thursday she is likely to ask the state supreme court to weigh in on whether certain language in a pharmaceutical company's insurance policies applies only to identified individuals in underlying opioid epidemic-related lawsuits.

  • September 24, 2026

    Walmart Pays $16M To End Expired Formula Sales Claims

    Walmart has agreed to pay $16 million to resolve claims that it sold expired infant formula and over-the-counter drug products to consumers after their expiration dates, the Sonoma County District Attorney's Office announced on Wednesday.

  • September 24, 2026

    Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

    Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

  • September 24, 2026

    Litigation Spending To Keep Climbing While Biz Risks Mount

    Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

  • September 23, 2026

    NM Offers Infernal Literature Lesson In Meta Trial Closing

    New Mexico wrapped its data privacy trial against Meta on Wednesday by likening the social media company's alleged habitual lying about data protection to the worst of sins in Dante's "Inferno," asking the jury, "Does lying matter?"

  • September 23, 2026

    Nestle Asks Justices To Review 'Sustainable' Cocoa Classes

    Nestle asked the U.S. Supreme Court to review a divided Ninth Circuit decision upholding class certification of millions of consumers who bought chocolate labeled "sustainably sourced" in a lawsuit claiming the chocolate is produced through child labor and deforestation.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    Google MDL Coverage Suit Belongs In Calif., Del. Judge Rules

    A Delaware state judge has stayed a lawsuit by American International Group subsidiaries seeking a declaration that they're not liable for covering Google's defense costs tied to social-media addiction multidistrict litigation, finding the parties must litigate in California where Google filed its own coverage suit weeks before the insurers.

  • September 23, 2026

    Boeing Pushes For Pretrial Win In Norwegian Air 737 Max Suit

    The Boeing Co. has asked a Washington federal judge to hand it a win in Norwegian Air subsidiaries' suit over their purchase of 737 Max airplanes, arguing there is no evidence supporting the subsidiaries' claims that Boeing misled them as to the safety and reliability of the aircraft.

Expert Analysis

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

    Author Photo

    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

    Author Photo

    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • How Cos. Can Prep For Ultra-Processed Food Legal Risks

    Author Photo

    A wave of litigation and government scrutiny directed against ultra-processed foods is now gaining momentum, following patterns seen previously in other industries — and food companies that recognize those patterns early will be better positioned to manage the increasing risks, say attorneys at Arnold & Porter.

  • Series

    Bass Fishing Makes Me A Better Lawyer

    Author Photo

    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

    Author Photo

    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

    Author Photo

    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

    Author Photo

    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • What Durnell Ruling Means For Mo. Roundup Settlement

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

  • Generative AI Is Reshaping The Defense Of Complex Litigation

    Author Photo

    Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams with legal research and drafting, fact witness development, and expert witness strategy, say attorneys at Arnold & Porter.

  • Justices Stand On Statutory Specifics In Cisco And Landor

    Author Photo

    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

    Author Photo

    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • After Durnell, Connecting Science And Causation Will Be Key

    Author Photo

    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

    Author Photo

    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

    Author Photo

    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

    Author Photo

    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

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.