Product Liability

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Baby Food Cos. Get ADHD, Autism Claims Cut From MDL

    A California federal judge granted summary judgment on Wednesday to baby food manufacturers including Gerber and Walmart, ruling that children diagnosed with autism and ADHD had no admissible expert evidence showing that lead and arsenic in the products caused their conditions.

  • October 15, 2026

    Boeing Beats Investment Fund's 737 Max Fraud Suit For Good

    An Illinois federal judge on Thursday permanently dismissed an investment fund's suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying the investment fund has again failed to show it can pursue claims despite never purchasing Boeing shares.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Tesla Says Mass. Fiery Death Crash Suit Has Repetitive Claims

    Tesla is looking to trim a wrongful-death lawsuit filed in Massachusetts federal court by a mother who claims her 20-year-old son burned alive while trapped inside a crashed 2021 Model Y, arguing that half of the claims are duplicative or can't stand independently.

  • October 15, 2026

    OptumHealth Can't Get Out Of PBM Cases In Opioid MDL

    The healthcare delivery arm of UnitedHealth Group's Optum division can't escape bellwether cases alleging pharmacy benefit managers contributed to the opioid epidemic, an Ohio federal judge ruled Thursday, finding a recent Sixth Circuit decision didn't alter the court's jurisdiction over related state-law claims.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently plead the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Insurer Seeks To Curb Coverage For Talc Co. Asbestos Suits

    An insurer said it owes limited or no coverage to a mineral producer in lawsuits bringing claims of injuries caused by exposure to asbestos in talc that the company mined and distributed, telling a Vermont federal court it has already paid beyond its appropriate pro-rata share of defense and indemnity costs.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    GKN Says Insurers Owe Defense In Overheated Tank Suits

    GKN Aerospace Transparency Systems Inc. told a California federal court Thursday that its insurers are improperly refusing to honor their duty to defend the company in lawsuits and a civil investigation stemming from the overheating of a storage tank and subsequent evacuation of residents in Orange County.

  • October 15, 2026

    Calif. Pot Shop Escapes Suit Over Alleged Gummy Reaction

    A California appeals court threw out a man's fraud and unfair competition claims against a cannabis dispensary that sold him a gummy he said induced a panic attack, saying his complaint fails to indicate the dispensary or its employee knowingly misled him.

  • October 14, 2026

    Samsung Says Rival Leans On Fabricated 'Mini LED' Definition

    Samsung moved to dismiss a competitor's suit alleging it falsely markets some of its TVs as having Mini LED technology that provides a higher-quality picture, telling a California federal judge Tuesday the plaintiff wants her to adopt a "fabricated three-part definition" for Mini LED that only exists in the complaint. 

  • October 14, 2026

    Widow Says Free Speech Can't Shield OpenAI In Shooting Suit

    A widow who says ChatGPT helped a mass shooter plan the attack that killed her husband at Florida State University has told a federal court that OpenAI can't hide behind the First Amendment to shield its conduct.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    Paraquat Judge Demands To Meet 700 Opt-Out Plaintiffs

    The Illinois federal judge overseeing mass litigation claiming the herbicide paraquat causes Parkinson's disease ordered a plaintiffs' lawyer Wednesday to reveal who is funding his cases and to start attending fortnightly conferences so she can speak to each of his 700 clients who have opted out of a global settlement.

  • October 14, 2026

    Jury Says Homebuilder Owes $21.6M For Sewer Gas Exposure

    A Texas jury hit a Fort Worth homebuilder with a $21.6 million verdict after finding the company built plumbing vents that ended in the attic of a custom home, causing sewer gas exposure for the family that lived there and leading to lasting health issues.

  • October 14, 2026

    Roblox, Epic Say Minor Can't Buck Arbitration, Keep Gaming

    Roblox Corp., Epic Games Inc. and Microsoft Corp. are each asking a Pennsylvania federal judge to reconsider an order denying their bids to arbitrate a suit alleging their platforms addicted a minor to gaming, saying the minor can't disaffirm the arbitration agreement and keep using the platforms.

  • October 14, 2026

    Insurer Can't Dodge Igloo Cooler Injury Suit Coverage Row

    Several class actions alleging consumers were injured by defective handles on Igloo roller coolers triggered an insurer's duty to defend the company, an Illinois federal judge said Wednesday, denying most of the insurer's bid to toss the breach of contract claims against it.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Utz Sued Again Over Avocado Oil Potato Chip Labeling

    Utz was sued again Wednesday by customers who alleged in California federal court that they were misled into thinking its Boulder Canyon potato chips are cooked only with avocado oil, despite a recent UC Davis study that suggests the chips aren't consistent with a product containing only avocado oil.

  • October 14, 2026

    Pa. County Urges Appeals Court To Revive Climate Suit

    A Pennsylvania county's lawsuit that accuses oil companies of concealing the impacts of fossil fuels on climate change isn't preempted by federal law and should be revived, a state appellate court heard Wednesday.

  • October 14, 2026

    LG Says It Doesn't Owe Insurer For Range Fire Damage

    LG Electronics USA Inc. doesn't owe an insurer for coverage it paid to a pair of homeowners after the cooktop burner on their LG electric range allegedly caused a fire, LG said in an answer to an insurer complaint removed to North Carolina federal court.

Expert Analysis

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • Why Vaccine Court Inoculates Drugmakers Against Litigation

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    Most claimants alleging injuries from routine childhood vaccines must complete an administrative compensation proceeding before they can sue in civil court — and recent legislative efforts aimed at weakening vaccine manufacturers' legal protections do not account for the important reasons the existing framework was put in place, say attorneys at Goldman Ismail.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Cos. Face Growing Exposure To Unfair Trade Practice Suits

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    Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

  • Cos. Must Prep For Changes To Calif. Battery Recycling Law

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    With important changes to California's Responsible Battery Recycling Act taking effect in January, manufacturers and retailers should review updated format and product definitions and exclusions, determine their new responsibilities, and be prepared to submit new stewardship plans in advance of the deadline, says Thierry Montoya at FBT Gibbons.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • W.Va. Case Could Be An Existential Threat To Citizen Suits

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    Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • AG Watch: Texas Takes A Lone State Stand Against Tech Cos.

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    A look at Texas Attorney General Ken Paxton's recent actions against Meta Platforms and Amazon.com illustrates how Texas is distancing itself from multistate coordination, offering practitioners a crucial perspective on navigating individual state actions amid coordinated attorney general litigation, say attorneys at Kelley Drye.

  • Upholding Energy Efficiency Rules If DOE Eases Enforcement

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    Despite recent moves by the Energy Department and Congress to limit energy efficiency enforcement, companies should maintain current efficiency standards and testing procedures lest they risk state or private action, enforcement lookbacks during future administrations, truth-in-advertising complaints and more, say attorneys at HWG.

  • New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

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    The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

  • Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

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    In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.

  • Abbott FCA Deal Shows Enforcement Adequacy Quandaries

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    Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q3

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    We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

  • Opinion

    Clancy Trial Shows Need For Juror Anonymity Reforms

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    Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

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