Product Liability

  • October 24, 2025

    NFL Players' Race Bias Claims Tossed In Concussion Case

    A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.

  • October 24, 2025

    Abbott Wins Third Bellwether In Cow Milk Baby Formula MDL

    An Illinois federal judge has given Abbott Laboratories Inc. its third bellwether win in multidistrict litigation alleging that its cow-milk-based baby formula gives infants necrotizing enterocolitis, saying the company successfully demonstrated that the plaintiff's proffered human-milk-based alternative would not be feasible.

  • October 23, 2025

    Delta Workers Can't Revive Claim Lands' End Uniforms Toxic

    The Seventh Circuit refused to revive a suit Thursday against Lands' End brought by hundreds of Delta Air Lines employees who claim their Lands' End-produced Delta uniforms were toxic and made them sick, saying none of the employees' experts offered testimony establishing that the uniforms were defective.

  • October 23, 2025

    DC Judge Won't Let Meta Claw Back Discovery Docs

    A D.C. Superior Court judge on Thursday said that attorneys for Meta told researchers to modify their research into its platform's effects on teens' mental health to curtail liability, finding that the crime-fraud exception to communications between attorney and client applies.

  • October 23, 2025

    OpenAI Reduced Suicide Safety Before Teen Died, Parents Say

    OpenAI decided to remove some longstanding suicide prevention protocols and cut short its safety testing in the months before a California teenager died by suicide, according to an updated version of the wrongful death suit filed by the teen's parents in San Francisco County Superior Court.

  • October 23, 2025

    NY AG Sues Vape Shop Owners For Selling To Kids

    New York's attorney general is looking to permanently shut down two smoke shops and ban their owners from ever working in the vape industry again, claiming they flagrantly sold illegal flavored vapes to customers including children, according to a petition filed Oct. 23.

  • October 23, 2025

    Boeing Asks Justices To Ax Texas Court Ruling In Union Suit

    The U.S. Supreme Court should review the Texas Supreme Court's decision to let a Southwest pilots union sue Boeing after a pair of plane crashes in the late 2010s, Boeing argued, claiming Texas' high court erred by not deeming the lawsuit preempted by the Railway Labor Act.

  • October 23, 2025

    4th Circ. Pushed To Retain Block On Chemours PFAS Dumping

    A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.

  • October 23, 2025

    Telehealth Ketamine Provider Hit With Wrongful Death Suit

    Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.

  • October 23, 2025

    Pet Food Container Maker Sued Over Design After Kitten Dies

    A Pennsylvania woman whose 3-lb. kitten got trapped inside an airtight Iris USA brand pet food container and suffocated to death filed a putative negligence class action in federal court Wednesday, accusing the company of failing to warn pet owners of the risks of pet suffocation associated with the container's design.

  • October 23, 2025

    Derailment Counsel Fee Provision 'Troubles' 6th Circ. Judge

    A three-judge Sixth Circuit panel on Thursday seemed skeptical that counsel representing victims of the fiery 2023 train derailment in East Palestine, Ohio, was blindsided by a "quick-pay" provision in the attorney fee agreement that saw class lawyers get paid before their clients.

  • October 23, 2025

    Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told

    The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.

  • October 23, 2025

    Feds, Ex-Magellan CEO Still Split Over Sentencing Factors

    Lawyers for a former Magellan Diagnostics CEO and the government are still at odds over whether a judge should consider the product mislabeling charge she pled guilty to in March to be tantamount to fraud — an assertion the defense says is an attempt by prosecutors to "shoehorn" in allegations never put to proof.

  • October 23, 2025

    Buyers Sue Colgate Over Lead Found In Kids' Toothpaste

    A proposed class of buyers is suing Colgate-Palmolive Co. in California federal court, alleging that it sold children's toothpaste that contains substantial amounts of lead without warning consumers.

  • October 22, 2025

    Colgate-Palmolive Can't Yet Ditch Soap Contamination Suit

    A New York federal judge on Wednesday refused to throw out a Texas woman's suit alleging she developed a wound infection from contaminated multi-purpose cleaner made by Colgate-Palmotive Co., finding that the allegations are adequate for this stage in the litigation.

  • October 22, 2025

    Monsanto's Roundup Blamed For Husband's Fatal Cancer

    A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.

  • October 22, 2025

    ISIS Victims Ask 9th Circ. To Revive YouTube Negligence Suit

    Victims of the 2015 Paris terrorist attack urged the Ninth Circuit on Wednesday to revive negligence claims against YouTube over the rise of ISIS, arguing the district court erroneously found that federal courts lack jurisdiction over the winding case, which has spanned nine years and a trip to the U.S. Supreme Court.

  • October 22, 2025

    RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive

    R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.

  • October 22, 2025

    Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit

    Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.

  • October 22, 2025

    Presidential Firing Limits Fight Builds At High Court

    The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo. 

  • October 22, 2025

    Pool Maker Hit With Suit Over Deadly Design Flaw

    Bestway on Tuesday was hit with a proposed class action in Illinois federal court over five million recalled above-ground pools that resulted in the deaths of nine children, saying that the company's recall after years of failing to act burdens consumers.

  • October 22, 2025

    Purdue Fights Baltimore Objection Ahead Of Ch. 11 Plan Trial

    Purdue Pharma LP told a New York bankruptcy judge on Wednesday it is concerned a recent objection to its Chapter 11 plan brought by the city of Baltimore could disrupt its case just weeks before the drugmaker is set to begin trial on a deal that creditors overwhelmingly support.

  • October 22, 2025

    Winix Air Purifier's HEPA Filter Claims Are False, Suit Says

    A Winix Global customer has filed a proposed false advertising class action in Illinois federal court alleging that the company is "making a killing" selling air purifiers and replacement filters that fail to live up to claims that they can capture at least 99.97% of dust, pollen and any airborne particles.

  • October 22, 2025

    Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims

    Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.

  • October 22, 2025

    Naked Whey Sued Over Reports Of Lead In Protein Powder

    A proposed class of consumers is suing Naked Whey Inc. in California federal court, alleging that it knew its products contained, or risked containing, dangerous heavy metals like lead, but advertised them as clean, tested and safe protein supplements.

Expert Analysis

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Opinion

    State AGs, Not Local Officials, Should Lead Public Litigation

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    Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.

  • Keys To Extended Producer Responsibility Compliance

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    As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.

  • Demystifying Generative AI For The Modern Juror

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    In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • How New Rule On Illustrative Aids Is Faring In Federal Courts

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    In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.

  • Analyzing AI's Evolving Role In Class Action Claims Admin

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    Artificial intelligence is becoming a strategic asset in the hands of skilled litigators, reshaping everything from class certification strategy to claims analysis — and now, the nuts and bolts of settlement administration, with synthetic fraud, algorithmic review and ethical tension emerging as central concerns, says Dominique Fite at CPT Group.

  • Vanda Ruling Opens Door For Contesting FDA Drug Denials

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

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