Product Liability

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 04, 2026

    Exclusion Extinguishes PPE Maker's PFAS Coverage Bid

    A commercial general liability insurer owes no coverage to a personal protective equipment manufacturer sued by firefighters who said the company's gear exposed them to forever chemicals, an Ohio federal court ruled, finding that the claimed injuries fall under an occupational disease exclusion.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    CVS Escapes Customer's Generic Mucinex Benzene Suit

    An Illinois federal judge threw out a CVS customer's lawsuit claiming the pharmacy retailer sells an "economically worthless" generic Mucinex drug containing a known carcinogen, finding Thursday that his claims are preempted.

  • September 03, 2026

    MDL Attys Want Special Master To Vet Meta Privilege Claims

    Personal injury plaintiffs' counsel asked a California federal judge Wednesday to appoint a special master to review Meta's attorney-client privilege designations in social media addiction multidistrict litigation, arguing that Meta can't be trusted to review them in light of the judge's recent rulings that certain Meta trial-exhibit redactions were "entirely inappropriate."

  • September 03, 2026

    More Suits Filed Blaming ChatGPT In Canada School Shooting

    OpenAI Inc. on Wednesday was hit with another wave of 30 lawsuits in California federal court over the February school shooting in Canada brought by surviving teachers, staff members and students who say that ChatGPT assisted and encouraged the shooter in planning the attack.

  • September 03, 2026

    Alaska's Izembek Road Work OK'd Despite Axed Land Swap

    A federal judge has slapped down an environmental group's bid to preliminarily stop the state of Alaska and a Native village corporation from beginning construction on 2.8 miles of road adjacent to the Izembek National Wildlife Refuge.

  • September 03, 2026

    Boeing Investors Say 4th Circ. Ruling Imperils Class Actions

    Boeing investors have asked the full Fourth Circuit to rehear a panel's "extreme" decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet, arguing that the panel decision will create a "vague and unworkable standard" in the circuit if left intact.

  • September 03, 2026

    Williams-Sonoma Urges 9th Circ. To Snip Thread-Count Class

    Williams-Sonoma told the Ninth Circuit on Thursday that a district judge overseeing a certified false advertising class action over bedsheet thread-count labels should have excluded certain class members who purportedly agreed to arbitrate, arguing that the court wrongly couched the arbitration decision in a ruling on the class' definition.

  • September 03, 2026

    Philly Firm Says Recent Discovery Dooms Uber's RICO Suit

    Philadelphia personal injury firm Simon & Simon PC has asked a Pennsylvania federal judge to dismiss Uber's complaint accusing it of orchestrating a fraudulent scheme to inflate settlements, claiming it learned through discovery that the company has not been damaged by the payouts.

  • September 03, 2026

    Baltimore Says Kratom Sellers Hid Addictive Qualities

    The city of Baltimore is suing three kratom product distributors, alleging they violate city law by advertising kratom as having therapeutic qualities it doesn't possess, while downplaying or hiding its addictive nature.

  • September 02, 2026

    Akerman Hires Consumer Protection Law Ace From Steptoe

    Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

  • September 02, 2026

    Snap Mobile Skims From Online Fundraisers, Donor Claims

    A Washington woman who donated through Snap Mobile's online fundraising platform filed a proposed class action claiming that the company deceptively skims up to 20% of donations as a platform fee on top of a 4% processing fee and a prepopulated "tip" that users must affirmatively decline.

  • September 02, 2026

    Baby Formula Machine Makes Infants Lose Weight, Suit Says

    The makers of the Baby Brezza formula mixing machine are facing a proposed class action in New York federal court from a group of parents who say the $200 device dispenses dangerously diluted formula, even when properly used, causing infant weight loss and hospitalizations.

  • September 02, 2026

    Cruise Says GM Investors Can't Pursue Robotaxi Fraud Suit

    Cruise LLC told a Michigan federal judge Tuesday that lead plaintiffs lack standing to pursue their securities fraud class action alleging General Motors Co.'s self-driving car unit misrepresented the technological capabilities and commercial readiness of its robotaxis, and that their class certification bid should be rejected.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Unilever, Gruns Sued Over Gummies Marketed As 'Sugar-Free'

    Unilever United States Inc. and Gruns Nutrition Inc. have been hit with class claims in New Jersey federal court alleging that they falsely labeled a line of gummies as "sugar-free" even though the nutritional supplements are sweetened with allulose, which the four suing consumers say is a sugar under federal regulations.

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    Insurers Needn't Cover Retailer In 'Ghost Gun' Sale Suit

    Two insurers have no duty to defend or indemnify a Missouri-based firearm retailer accused of contributing to gun violence by selling "ghost gun" kits, a New York federal court ruled, saying the underlying claims did not allege harm caused by an accident.

  • September 01, 2026

    Samsung Mini LED TVs Lack Actual Mini LED Tech, Rival Says

    Samsung is falsely touting some of its televisions as incorporating advanced Mini LED technology that provides higher quality picture, despite that it simply "recycled" its preexisting low-end standard LED TV and relabeled them as a "supreme" Mini LED, alleges a Lanham Act suit filed Monday in California federal court.

  • September 01, 2026

    GM Can't Escape Fla. EV Charger Defect Class Action

    A Florida federal judge largely rejected GM's attempt to dismiss a proposed class action over its Ultium electric vehicle chargers, allowing a couple's deceptive trade practice claims to proceed on the theory that the automaker hid defects causing the chargers to repeatedly fail and overheat.

  • September 01, 2026

    Meta AI Glasses Privacy Suit Expands To Add Bystander Class

    Dozens of consumers are joining forces to sue Meta Platforms over allegations that the tech giant surreptitiously stores private videos captured by its "smart" glasses to train its artificial intelligence models, adding claims on behalf of bystanders who never agreed to be recorded, let alone used for training.

Expert Analysis

  • 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.

  • 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.

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