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

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    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.

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Gatorade Suit Offers Lessons On Product Performance Claims

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    A proposed class action in New York federal court disputing PepsiCo's claim that Gatorade "hydrates better than water" presents a broad challenge to the way food and beverage companies communicate product benefits — and the risks that arise when marketing claims outpace the evidence supporting them, says Pejman Javaheri at Juris Law Group.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Colorado's New Chatbot Law May Be Defined By Its Carveouts

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    What makes Colorado's conversational artificial intelligence service law worth close attention is what it leaves out, so a thorough scoping analysis may be as important as compliance planning for companies that develop, license or deploy conversational AI, say attorneys at Eversheds Sutherland.

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