Product Liability

  • July 22, 2026

    Kratom Cos. Must Face Conn. OD Liability Claims, Father Says

    The maker of the Whole Herbs brand of kratom products shouldn't be allowed to trim a lawsuit claiming it's partially liable for the overdose death of a 33-year-old man, the man's father has told a Connecticut state court, saying his suit sufficiently pled all claims and that "there is no such thing as 'good kratom.'"

  • July 22, 2026

    RI Guardrail Builder Sued Over Conn. Woman's Fatal Crash

    A Rhode Island construction contractor installed defective and "unreasonably dangerous" guardrails on Interstate 95 in Connecticut, which caused a 34-year-old woman to die in a collision and car fire, her estate said in a wrongful death lawsuit filed in Connecticut state court Monday.

  • July 22, 2026

    Insurer Sanctioned For Destroying Opioid Coverage Evidence

    An Illinois federal court Wednesday sanctioned an insurer in a drug wholesaler's suit seeking coverage for underlying opioid litigation, finding that the carrier intentionally destroyed key emails and underwriting records in order to deprive the wholesaler of that information.

  • July 22, 2026

    Altria, Juul Ask 9th Circ. To Nix Antitrust Classes

    Altria and Juul are urging the Ninth Circuit to undo a class certification ruling in an antitrust case over Altria's past investment in the e-cigarette maker, saying the classes include disparate groups of purchasers from across the country.

  • July 22, 2026

    Cessna Maker Wants Cockpit Recording For Fatal Crash Case

    Textron Aviation Inc. wants a Connecticut state judge to order the National Transportation Safety Board to release a two-hour-long cockpit voice recording from a Cessna airplane that crashed into an industrial campus shortly after takeoff, saying the full recording is necessary for fair trials in wrongful death and insurance disputes.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    Truck Bound By Pact Not To Sue Arbitrator, NY Judge Says

    A New York federal judge refused to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims, ruling that Truck Insurance Exchange's lawsuit is barred under a "hold harmless" pact it inked with the counterparty, a group of foreign reinsurers.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    Nike's Discounts Based On Phony Reference Prices, Suit Says

    Nike was slapped with a proposed class action in California federal court on Tuesday that accuses it of hawking bogus discounts and savings on footwear and other goods sold online by displaying reference prices that don't reflect the actual prevailing market prices. 

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    Norfolk Southern Sued Over Worker's Lung Cancer Diagnosis

    A former track laborer claims Norfolk Southern caused his lung cancer after exposing him to carcinogenic chemicals, including benzene, for decades, according to a Pennsylvania state court lawsuit that could be "the first in a wave" filed by former railroad workers, plaintiffs' counsel said.

  • July 21, 2026

    18 State AGs Sue EPA Over Hydrofluorocarbons Rollback

    Eighteen Democratic attorneys general and the city of New York filed a petition with the D.C. Circuit Tuesday over a U.S. Environmental Protection Agency rule they argue will weaken federal limits on hydrofluorocarbons, which are refrigerants used in air conditioning and cooling systems.

  • July 21, 2026

    High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

    California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

  • July 21, 2026

    High Court To Hear Alaskan Pilot Plane Forfeiture Case

    The U.S. Supreme Court has agreed to review a case in which the Alaska Supreme Court held that a pilot must forfeit his $95,000 plane to the state for transporting a six-pack of beer in a dry village.

  • July 21, 2026

    Mich. Panel Revives Forklift Injury Suit Against Meijer

    A warehouse worker whose leg was crushed between a forklift and a metal desk at a Meijer Inc. distribution center can proceed with his negligence suit after a Michigan appellate panel ruled a jury must decide whether faulty brakes, inadequate maintenance or his own actions caused the accident. 

  • July 21, 2026

    Smucker's Says It Didn't Claim 'Only' Splenda On Fudge Label

    The J.M. Smucker Co. is asking a New York federal court to throw out a proposed class action alleging that it misleads consumers by claiming its fudge topping is "Sweetened with Splenda," despite it using other sweeteners, saying the label never claims that Splenda is the only sweetener.

  • July 21, 2026

    Judge Wary Of Philly Firm's Uber, FedEx Antitrust Claims

    A Pennsylvania federal judge on Tuesday appeared doubtful that Uber and FedEx engaged in anticompetitive conduct when they accused Philadelphia injury firm Simon & Simon of a medical records falsification scheme meant to boost injury claims, pointing out during a hearing that the companies and the firm operated different types of businesses.

  • July 21, 2026

    Nintendo Seeks Game Over For Tariff Refund Class Suit

    A proposed class action looking to force Nintendo to reimburse customers for increased costs that were explicitly tied to President Donald Trump's now struck-down tariff regime should be handled in arbitration or tossed entirely, the company told a Seattle federal court.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 20, 2026

    Albertsons Data Suggests Opioids Were Diverted, Expert Says

    Albertsons pharmacies in Washington state received considerably more opioid medications from distributors between 2009 and 2015 than the company reported dispensing — a sign of potential diversion, according to an expert witness who testified Monday at a bench trial in Washington's lawsuit accusing the chain of exacerbating the state's opioid crisis.

  • July 20, 2026

    Boeing Sues To Stop Cameroon Airlines' 1995 Crash Claims

    Boeing launched a lawsuit in Washington federal court on Friday accusing now-defunct Cameroon Airlines of wrongfully demanding $179 million in damages for a deadly 737 crash in 1995, saying the airline's jet purchase deal bars such claims and the African country did not fault Boeing in the accident investigation.

  • July 20, 2026

    Int'l Standards Preserve QLED False Ad Suit Against Hisense

    Hisense USA Corp. can't pull the plug on a proposed class action accusing it of falsely advertising its high-definition televisions as having QLED technology, a California federal judge has ruled, saying the buyers have sufficiently pled their case by leaning on articles and international standards.

  • July 20, 2026

    Uber Decries Punitive-Damages Bid Ahead Of Sex Assault Trial

    Ahead of a third bellwether trial in multidistrict litigation over alleged sexual assaults by Uber drivers, the company has asked a Texas federal judge to toss a bid for punitive damages, saying state law doesn't allow punitive damages for third-party criminal conduct.

Expert Analysis

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Opinion

    Justices' Monsanto Decision May Fix A Preemption Mistake

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    In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.

  • What Rescheduling Means For Cannabis Labels, Marketing

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    The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.

  • NC Ruling Shows Mallory's Evolving Effects For Policyholders

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    A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • When Bankruptcy Collides With Product Recalls

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    The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • New State Regs On PFAS In Products Complicate Compliance

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    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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