Product Liability

  • June 09, 2025

    'No Question' DuPont Polluted Delaware River, NJ Court Told

    New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.

  • June 09, 2025

    Hinshaw Welcomes Insurance Litigator To New Orleans Team

    Hinshaw & Culbertson has added a partner from Baker Donelson Bearman Caldwell & Berkowitz to its global insurance services practice in New Orleans, where she will represent insurance companies and other entities, the 500-lawyer firm announced Monday.

  • June 09, 2025

    Textron Can't Sidestep Plane Crash Case, NC Panel Told

    The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.

  • June 09, 2025

    Tesla Buyers End 'Right To Repair' Monopoly Suit

    Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.

  • June 09, 2025

    Fruits, Veggies Supplement Label Isn't Deceiving, Judge Says

    An Illinois consumer who says Balance of Nature misrepresents its dietary supplements' nutritional value cannot pursue legal claims over the assertion because he's reading too much into the product label, an Illinois federal judge said Monday.

  • June 09, 2025

    Southwest Beats Customers' 737 Max Overcharge Suit

    A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.

  • June 09, 2025

    Feds Argue Koi Nation's Historic Ties Justify Calif. Land Trust

    The Interior Department is looking to dismiss a challenge to its decision to take 70 acres into trust for a proposed tribal hotel and casino project in Sonoma County, California, telling a federal court that the Koi Nation has a significant historical connection to the site.

  • June 09, 2025

    15 States, DC Sue ATF Over Machine Gun Trigger Turnaround

    Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.

  • June 09, 2025

    Sam's Club Sued Over Botulism Death Linked To Potato Soup

    Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.

  • June 06, 2025

    Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal

    R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.

  • June 06, 2025

    LA Fitness Beats DOJ's ADA Suit, For Now

    A California federal judge tossed the U.S. Department of Justice's lawsuit Friday alleging LA Fitness did not accommodate disabled patrons, ruling the government failed to allege a pattern or practice of discrimination or put the gym chain on notice of claims the attorney general determined are of public importance.

  • June 06, 2025

    6th Circ. Sends GM Emissions Fraud Claims Back To Michigan

    The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.

  • June 06, 2025

    Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'

    The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.

  • June 06, 2025

    Kroger-Owned Grocery Escapes Baby Food Metal Claims

    Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.

  • June 06, 2025

    Feds Tee Up Redo Of Vehicle Fuel Economy Standards

    The U.S. Department of Transportation said Friday that vehicle fuel economy standards issued by the Biden administration improperly factored electric vehicles into the calculus, resulting in overly stringent standards that the Trump administration will soon revise.

  • June 06, 2025

    Goldberg Segalla Adds Toxic Torts Expert In NY

    Civil litigation firm Goldberg Segalla LLP has added a trial lawyer who is an expert in complex asbestos litigation, product liability, personal injury and commercial litigation matters to its toxic torts and environmental law group in Garden City, New York.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 05, 2025

    Jeep Maker FCA Can't Send Battery Defect Suit To Arbitration

    A Michigan federal judge on Thursday refused to throw out or send to arbitration a proposed class action accusing automaker FCA US LLC of knowingly selling certain electric vehicles with defective batteries, ruling the Stellantis unit hasn't shown that drivers had sufficient notice of arbitration provisions.

  • June 05, 2025

    Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule

    A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.

  • June 05, 2025

    Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert

    The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.

  • June 05, 2025

    Starbucks Can't Scotch $50M Verdict For Tea-Scorched Driver

    A California judge has affirmed a jury verdict awarding $50 million to a gig economy driver who suffered a severely burned penis after scalding hot tea spilled in his lap due to a Starbucks worker's negligence, saying the verdict was not excessive given his "horrific injuries."

  • June 05, 2025

    Grindr Sued Over Teen's Death, Alleged Negligence In Fla.

    The family of a 16-year-old girl who was allegedly killed and later dismembered by a couple she met through the Grindr dating app has sued the company in Florida federal court, alleging there were no age verification safeguards that prevented the teen from being targeted by sexual predators.

  • June 05, 2025

    Spice Co. Hid Lead Levels In Products, Suit Claims

    Florida-based Badia Spices sold ground ginger and cinnamon with elevated levels of lead, according to a New York federal lawsuit that leans on laboratory testing conducted by state food safety regulators.

  • June 05, 2025

    Walgreens Says No Standing In Suit Over Tobacco Surcharge

    Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.

  • June 05, 2025

    Feds Invest Millions To Revitalize Former Coal Mine Sites

    The U.S. Department of the Interior is doling out $130 million to help states and tribes redevelop former coal mine sites.

Expert Analysis

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • The AI Consumer Class Action Threat Is Not A Hallucination

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    As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

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