Product Liability

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Dow Pans 'Repackaged' Claims In Retooled NJ Pollution Suit

    Dow Chemical Co. and other manufacturers of a product containing a potentially cancer-causing compound urged a state court on Wednesday to toss for good a portion of New Jersey's lawsuit alleging widespread groundwater pollution, arguing that the state failed to cure deficiencies the court previously identified.

  • September 15, 2026

    Fintech Co. Says Nuvei Bungled Mastercard Transactions

    Chicago-based fintech and futures prop trading firm Topstep has sued Nuvei Technologies in Arizona federal court, alleging the payment processor concealed a system error that bungled 189,000 Mastercard transactions and then tried to improperly resubmit them, leaving Topstep's customers "blindsided with unexpected charges" and resulting in reputational harm to Topstep.

  • September 15, 2026

    Alaska Judge Defers To Army Corps In Gold Mine Permit Row

    An Alaska federal judge has told tribal and environmental groups that they failed to show the U.S. Army Corps of Engineers improperly approved a Clean Water Act permit allowing JT Mining Inc. to develop access to a mineral exploration site on privately owned land in Lake Clark National Park.

  • September 15, 2026

    Disney Wants Kids' Data Privacy Claims Tossed For Good

    Disney on Monday asked a California federal court to once again throw out a proposed class action claiming it allowed advertisers to illegally collect minors' personal information, pressing for the dismissal of a new version of the complaint just days after YouTube said it had reached a settlement in the case.

  • September 15, 2026

    How States' 'Perry Mason Moment' Led To $17B Meta Deal

    A recent landmark $17.1 billion settlement with Meta Platforms Inc. may have never happened if it weren't for a quick-thinking trial attorney and his close-knit team of lawyers representing 29 states, who worked together to swiftly shift strategies midtrial.

  • September 15, 2026

    Hyundai Must Face Trimmed Claims On Braking System

    A California federal judge on Monday dismissed state unfair competition law claims from a proposed class action brought by Hyundai Tucson drivers who said the company equipped the cars with a defective automatic emergency braking system, but preserved warranty, fraud and unjust enrichment claims.

  • September 15, 2026

    Meta's Data Collection From DMV Is Invasive, Calif. Drivers Say

    Golden State drivers seeking to certify two classes over claims that Meta unlawfully obtained information from the state Department of Motor Vehicles' website told a California federal judge Tuesday that they have standing to sue under the Driver's Privacy Protection Act because the collection was invasive, even if it wasn't embarrassing or sensitive.

  • September 15, 2026

    Costco Tequila Buyers Say Agave Certification Isn't Conclusive

    Tequila buyers who claim Costco falsely labeled Kirkland Signature-brand tequila told a Washington federal judge on Tuesday that a Mexico-based council's certification of the bottles as "100% agave" isn't enough to extinguish their deceptive marketing case against the U.S. retailer.

  • September 15, 2026

    DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

    D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

  • September 15, 2026

    Haleon Sued Over 'Zero Sugar' Claim In Emergen-C Gummies

    Haleon US Holdings was hit with a proposed class action in California federal court Sunday, which accused the consumer healthcare giant of deceptively labeling its Emergen-C immune support gummies as containing "zero sugar," even though they are sweetened with allulose, which is a sugar under federal regulations.

  • September 15, 2026

    Talc Co. Barretts' Creditors Again Call For End Of Its Ch. 11

    The unsecured creditors committee in the Chapter 11 case of Barretts Minerals has accused the former talc supplier's parent of not delivering on its promises to fund the proceeding, asserting that this has left the debtor administratively insolvent and its three-year-old bankruptcy in need of dismissal.

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

  • September 15, 2026

    Insurers Can't Nix $195M Opioid Coverage Bid, Trustee Says

    Chubb, Liberty Mutual and Lloyd's of London units and other insurers can't get off the hook for covering the remainder of third-party payor opioid lawsuits against Endo International, a representative for a trust of the bankrupt pharmaceutical company told a Pennsylvania federal court.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

  • September 15, 2026

    Uber Says MDL Bellwether Plaintiff Can't Show Reliance

    Uber Technologies Inc. is urging a California federal judge to throw out claims in a bellwether suit from multidistrict litigation over sexual assaults of its passengers, saying the plaintiff here cannot show she relied on any of the company's representations or features on the night she was allegedly assaulted.

  • September 15, 2026

    F-150 Drivers Denied Class Cert. In Ford Transmission Suit

    An Illinois federal judge has denied class certification to a group of Ford F-150 owners who allege Ford shipped vehicles with defective transmissions, finding their warranty claims are blocked by a class action waiver, and they failed to show there was a common defect among class vehicles.

  • September 14, 2026

    Albertsons Owes $2.2B For Opioids, Wash. Says As Trial Ends

    Albertsons should pay $2.2 billion to address opioid-related harms in Washington, attorneys for the state argued at the close of a two-month bench trial Monday in contending that the pharmacy failed for years to appropriately identify and review suspicious prescriptions that fueled the state's overdose crisis.

  • September 14, 2026

    Facebook Third-Party Apps Took User Data, Jury Told

    A technology expert testified Monday in New Mexico's data privacy trial against Meta that Facebook third-party app developers "rampantly" farmed user data and that the social media giant closed investigations of dubious developers without action.

  • September 14, 2026

    Motor Vehicles Lead Product Liability Litigation, Report Says

    An overall rise in recalls of motor vehicles tracks with an increase of product liability lawsuits over autos in recent years, as motor vehicle lawsuits made up half of all product liability lawsuits outside multidistrict litigation filed in 2025, according to a new report by Lex Machina.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    Mich. Cannabis Regulators Seek Exit From Buyout Suit

    Michigan cannabis regulators are asking a federal court to dismiss an entrepreneur's lawsuit that claims they coordinated with JARS Holdings to push him out of the cannabis business while smearing his professional reputation, arguing that JARS, not the agency, is the source of his harm.

  • September 14, 2026

    Amazon Halts 21 Air Cargo Flights, Faces New Crash Suit

    Amazon has suspended operations with cargo carrier partner 21 Air LLC, a week after one of its planes overran a runway at Miami International Airport and plowed into vehicles, killing five people, as the company faces another negligence and wrongful death lawsuit over the wreck.

Expert Analysis

  • 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.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • Why Ultra-Processed Foods May Be The Next Big Mass Tort

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    With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Aviation Watch: Product Safety Lessons From The UPS Crash

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    The National Transportation Safety Board's recent hearing concerning the crash of a UPS jet late last year highlighted the importance of maintaining records documenting analysis of design defects, adequately warning users of defects and related safety issues, and requiring use of improved designs, says Alan Hoffman, a retired attorney and aviation expert.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • How Federal PFAS Bill Would Expand Liability For Companies

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    Recently proposed federal legislation governing per- and polyfluoroalkyl substances would not only phase out nonessential uses of PFAS and prohibit detectable environmental releases, but would also expand liability in ways that will matter to companies with current or historical PFAS exposure, says Ayodeji Ayolola at Gordon Rees.

  • Reducing Youth Product Risks When No Standards Apply

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    As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

  • New State AI Laws Create Dual Misrepresentation Risk

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    As artificial intelligence transparency laws are enacted across the country and the volume and specificity of compliance records increase, companies will be required to speak more often, more precisely and to more audiences about the same systems, compounding the risk of litigation, say attorneys at Cooley.

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