Product Liability

  • October 05, 2026

    Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

    U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

  • October 05, 2026

    AppLovin Skirts Controls To Show Kids Explicit Ads, Suit Says

    The county of San Diego lodged a lawsuit Monday alleging digital advertising platform AppLovin Corp. strips away parental controls meant to shield children from sexual and violent material in order to steer graphic ads to children and harvest their sensitive information to train its artificial intelligence.

  • October 05, 2026

    Roundup Evidence Strong In Every Research Area, Jury Hears

    A jury weighing cancer claims against Monsanto heard testimony Monday that scientific research shows a "strong" link between glyphosate and cancer in animal, molecular and human epidemiological studies, even when accounting for participants' exposure to other substances.

  • October 05, 2026

    Oil Giants Seek 2029 Trial In Wash. Tribes' Climate Harm Suits

    Oil giants Exxon, Chevron, Shell and others are at odds with two Native American tribes over when to schedule a trial in the tribes' consolidated lawsuits in Washington state court accusing the companies of downplaying the risks of climate harm.

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    Justices Unsure Climate Lawsuits Are A Constitutional Matter

    U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

  • October 05, 2026

    Starbucks' Protein Drinks Aren't Sugar-Free, Suit Says

    Starbucks customers filed a proposed class action in Washington federal court on Friday, accusing the coffee chain of trying to capitalize on the protein craze last year by launching a line of protein beverages labeled "sugar-free," even though they contain 13 to 21 grams of sugar per venti-size serving.

  • October 05, 2026

    Ford Didn't Need To Keep Ex-Engineer's Records, Judge Says

    A Massachusetts federal magistrate judge on Monday denied a bid for curative measures from a group of drivers suing Ford Motor Co. over allegedly faulty transmissions, saying their proposed class action failed to show that the automaker had a duty to preserve records from a former chief engineer who left the company years before the suit was filed.

  • October 05, 2026

    Justices Skip American Airlines Teen In-Flight Death Suit

    The U.S. Supreme Court on Monday declined to consider a case from the family of a 14-year-old teenager who died of cardiac arrest on board an American Airlines flight, which sought clarity on what's considered an accident under the Montreal Convention.

  • October 05, 2026

    11th Circ. Won't Revive Carnival Cruise Jacuzzi Hatch Fall Suit

    The Eleventh Circuit won't reinstate a cruise passenger's suit against Carnival Corp. alleging she fell down a jacuzzi maintenance hatch while aboard a 2024 cruise, saying she failed to show the cruise line had any constructive notice of the danger.

  • October 05, 2026

    Tribe, Enviros Say Utility Flouted Nebraska Power Line Block

    Conservation groups and the Rosebud Sioux Tribe are asking a district court to decide a Nebraska utility's motion to lift a partial block on the approval of its 226-mile, 345-kilovolt electricity transmission line before construction starts, arguing that the federal government again ignored important aspects of the problem.

  • October 05, 2026

    Justices Decline To Hear Post-Mallory Forum-Shopping Fight

    The U.S. Supreme Court on Monday declined to consider whether state business-registration laws like Pennsylvania's asserting jurisdiction over out-of-state companies for out-of-state conduct alleged by out-of-state plaintiffs are unconstitutional under the dormant commerce clause.

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 02, 2026

    Uber Settles Bellwether In Sex Assault MDL Before Trial

    Uber Technologies Inc. settled with a Texas woman just ahead of opening statements in the third scheduled bellwether trial in multidistrict litigation over alleged sexual assaults by the ride-hailing company's drivers, her attorneys announced Friday.

  • October 02, 2026

    PACCAR Can't Nix Drivers' Faulty Diesel Engine Warranty Suit

    A Washington federal judge ordered PACCAR Inc. to face a proposed class action alleging it sold faulty diesel engines, rejecting its Clean Air Act preemption defense and ruling that the suit plausibly pleads claims that the alleged defects breached the engine warranty. 

  • October 02, 2026

    Costco 'Health Washing' Electrolyte Drink Mix, Customer Says

    Costco has been accused in Washington federal court of illegally "health-washing" its variety pack of Kirkland brand electrolyte drink mix by labeling the product as though it's sugar-free despite containing an ingredient federal and state labeling standards consider a sugar.

  • October 02, 2026

    NJ County Files Latest Climate Risk Suit Against Big Oil

    ExxonMobil, BP, Chevron and others owe hundreds of millions of dollars for environmental disasters caused by fossil fuels, a New Jersey county claimed in the latest suit accusing the oil giants of concealing the climate change risks purportedly posed by their operations.

  • October 02, 2026

    Dunkin' Sued Over Allulose In 'Zero Sugar' Energy Drinks

    The owner of Dunkin' faces a proposed class action claiming its "zero-sugar" energy drink is deceptively marketed and actually contains "a rare sugar," according to a complaint filed in Massachusetts federal court.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    Mercedes-Benz Beats Class Cert. Bid In Piston Defect Suit

    A California federal judge denied class certification to Mercedes-Benz customers who allege the automaker failed to disclose a major piston defect in certain vehicles, saying issues common to the proposed class as a whole don't predominate over issues that affect only individual members.

  • October 02, 2026

    Bell Sports, AIG Unit Settle Helmet Defect Coverage Dispute

    A motorcycle helmet company and an AIG-affiliated insurance company have resolved a lawsuit filed in California federal court over coverage stemming from claims of defects that allegedly caused a helmet to fly off a rider's head during a collision, according to court documents.

  • October 02, 2026

    Meet The Attys Arguing Colo. Climate Tort At The High Court

    U.S. Supreme Court oral arguments over the future of climate change torts against energy companies on Monday will feature a trio of attorneys who have spent plenty of time at the high court's lectern. Here's who will be arguing for or against letting the city and county of Boulder, Colorado's climate lawsuit against ExxonMobil and Suncor Energy proceed in state court.

  • October 02, 2026

    Millie Moon Diapers Cause Skin Rash And Leaks, Buyers Say

    Zuru's Millie Moon luxury baby diapers suffer from a defect that causes them to leak and contribute to skin peeling, rashes and burn-like injuries, despite being advertised as being "dermatologically tested," and having "12 hour absorbency", alleges a consumer protection proposed class action filed Thursday in California federal court.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

Expert Analysis

  • Costco Chicken Case Highlights Food Labeling Lessons

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    Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Mich. Ruling Gives Consumer Protection Law Its Teeth Back

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    The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • AI Chatbot's Medical Claims Highlight Enforcement Risks

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    The Pennsylvania State Board of Medicine's recent lawsuit against Character Technologies, arguing that an artificial intelligence chatbot engaged in the unlicensed practice of medicine, may provide other state licensing boards with a road map for going after AI platforms, and counsel should advise clients to calibrate compliance accordingly, say attorneys at Cooley.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

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    The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • FTC-Deere Deal Tells Cautionary Tale On Repair Access Limits

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    A recent proposed Federal Trade Commission antitrust settlement in Illinois federal court requires Deere & Co. to provide access to repair services previously available only to authorized dealers, and companies that limit access to aftermarket resources should ensure they can substantiate the reasoning behind any restrictions, say attorneys at Freshfields.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

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