Product Liability

  • 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.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    CH Robinson CLO Talks Montgomery, Dallas Verdict Impacts

    Nearly five months after the U.S. Supreme Court delivered its pivotal ruling reshaping freight brokers' liability exposure, C.H. Robinson Worldwide Inc. said lingering uncertainty over protracted litigation and volatile verdicts will upend the U.S. supply chain without some intervention by regulators or Congress.

  • October 02, 2026

    Century Surety Escapes Vape Battery Injury Coverage Suit

    An Alabama federal judge said Century Surety Co. has no duty to indemnify or defend a smoke shop being sued by a customer burned by a vape pen battery that caught fire in his pocket because the incident didn't take place at one of the retailer's locations.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    Calif. AG Latest To Subpoena OpenAI Over Hacking Risks

    California Attorney General Rob Bonta revealed Thursday that he has served an investigative subpoena on OpenAI as part of his office's broader probe into cybersecurity risks posed by the company's artificial intelligence models, including a recent incident where its autonomous AI agents hacked third-party platform Hugging Face. 

  • October 01, 2026

    Quince Gets Williams Sonoma's False Ad Suit Axed For Now

    A California federal judge threw out Williams-Sonoma Inc.'s lawsuit accusing online retailer Quince of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, though the judge gave Williams Sonoma the opportunity to take another stab at its complaint.

  • October 01, 2026

    DuPont, Corteva Accused Of $40B PFAS Asset Shielding

    The company formerly known as DuPont and its parent Corteva Inc. were sued in Indiana state court Thursday by 15 states and Guam alleging a newly completed seeds business spinoff is nothing more than an illegal effort to place $40 billion in assets beyond the reach of creditors pursuing forever chemicals claims.

  • October 01, 2026

    Judge Should Penalize Meta $40B In Latest Trial, NM Argues

    The state of New Mexico asked a judge Thursday to penalize Meta $35 billion to $40 billion for statements that a jury found grossly misrepresented the social media giant's actual data privacy practices, while Meta argued no harm was proven and the damages should be in the $345 million to $3.45 billion range.

  • October 01, 2026

    Classes Certified In Ford Diesel Fuel Pump Suit

    A Michigan federal judge has certified classes of truck owners in five states who allege that defective fuel pumps in Ford Motor Co.'s diesel trucks can suddenly fail and cost more than $10,000 in repairs, and, despite trimming some claims, also denied Ford judgment on the core causation issue in the case. 

  • October 01, 2026

    NFL Concussion Claims Constitute Separate Occurrences

    A New York appeals court held Thursday that concussion-related injury claims brought by former professional football players should be treated as separate occurrences under the NFL's insurance policies, thus implicating coverage under a primary policy but not a fifth-layer excess policy.

Expert Analysis

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • And Now A Word From The Panel: MDL Judge Selection

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    To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

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    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

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