Product Liability

  • August 22, 2025

    9th Circ. Blocks Meta's MDL Discovery Against State Agencies

    The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.

  • August 22, 2025

    Kratom Co. Says False Ad Addiction Suit Should Be Tossed

    The company behind Kryptic Kratom and K-Chill branded supplements is, once again, urging a California federal court to dismiss a lawsuit claiming that it concealed the "opiate-like" addictive nature of its products, arguing that the latest complaint, which now brings RICO claims, is just as weak as the previous ones.

  • August 22, 2025

    3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening

    A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.

  • August 22, 2025

    Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals

    A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.

  • August 22, 2025

    Amazon Doesn't Let Viewers Keep Movies They 'Buy,' Suit Says

    Amazon has been hit with a proposed class action in Washington federal court claiming the company deceptively "sells" movies on Amazon Prime Video without disclosing to consumers that its limited digital license to any audiovisual work might be inaccessible down the line.

  • August 22, 2025

    2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions

    The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.

  • August 22, 2025

    Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules

    Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.

  • August 22, 2025

    New York City Clears Waymo To Test Self-Driving Cars

    Waymo LLC received the green light to begin testing its self-driving cars in New York City after scoring a permit Friday that could pave the way for autonomous vehicles to roll out in one of the nation's most heavily congested cities.

  • August 22, 2025

    House Oversight Chair Presses DOJ On Chinese Vape Surge

    The Republican head of the U.S. House of Representatives Committee on Oversight and Government Reform is asking the U.S. Department of Justice for an update on how it is combating the import of illicit vape products from China.

  • August 22, 2025

    Panda Express Meal Caused Arterial Damage, Patron Says

    A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.

  • August 22, 2025

    Trump Admin Pauses Visas For Commercial Truck Drivers

    Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.

  • August 22, 2025

    Marketer Who Eyed US Fentanyl 'Grand Lab' Gets 15 Years

    A Manhattan federal judge on Friday sentenced a Chinese marketing manager to 15 years in prison after a jury convicted her of scheming to secretly send large quantities of precursor chemicals into the United States for the production of fentanyl.

  • August 21, 2025

    Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed

    Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.

  • August 21, 2025

    Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash

    The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.

  • August 21, 2025

    Thousands Of Buyers Accuse Temu Of Avoiding Arbitration

    Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.

  • August 21, 2025

    Fertility Co. Says Deception Suit 'Mischaracterizes' Test

    A fertility clinic chain is urging a Colorado federal judge to toss a proposed class action accusing it of deceptively marketing genetic tests of embryos, saying the claims are time-barred, lack required expert backing and specificity, and don't identify any actionable misstatements.

  • August 21, 2025

    Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.

    The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.

  • August 21, 2025

    Roblox Hit With New Accusations Of Child Safety Shortfalls

    The Roblox Corp. prioritized growth and profits over child safety, opening the door to sexual exploitation, a North Carolina mother claimed in the latest complaint the tech giant faces over alleged safety shortfalls. 

  • August 21, 2025

    NHTSA Looking Into Tesla Crash Report Tardiness

    Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.

  • August 21, 2025

    Judge OKs Deal To End Misrepresented Pickleball Paddle Suit

    A Florida federal judge on Wednesday approved a settlement resolving a class action accusing a pickleball paddle manufacturer of deceptively marketing its products as certified by the sport's governing body that will pay out up to $300 to each class member.

  • August 21, 2025

    EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request

    The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."

  • August 20, 2025

    United, Delta Flyers Sue Over Windowless 'Window' Seat Fees

    United and Delta on Tuesday were hit with a pair of proposed breach of contract class actions in California and New York federal courts by customers who accused the airlines of charging premium fees for windowless seats that are misleadingly advertised as having windows. 

  • August 20, 2025

    TikTok Profits From Addicting Children, Minnesota Says

    TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.

  • August 20, 2025

    Character.AI Founder Seeks Exit From Teen's Suicide Suit

    The co-founder of Character.AI has asked a Florida federal judge to toss certain claims in a suit alleging a teen's suicide was caused by a negligently designed artificial intelligence chatbot, saying he can't be sued individually in Florida because he's never done any business in the state.

  • August 20, 2025

    States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate

    Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.

Expert Analysis

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Trump Policies Are Affecting The Right To Repair

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    Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

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    In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • And Now A Word From The Panel: MDL Hubs

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    The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • State Securities Enforcers May Fill A Federal Enforcement Gap

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    The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

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