Product Liability

  • June 13, 2025

    10th Circ. Affirms Expert DQ In Sig Sauer Gun Discharge Suit

    Gunmaker Sig Sauer Inc. scored a win at the Tenth Circuit on Friday with the panel disqualifying two experts who were ready to testify that its P320 pistol was defectively designed, giving the company an appeals court ruling to lean on as it continues to fend off a rash of suits claiming the gun fires unintentionally.

  • June 13, 2025

    GM Can't Arbitrate Driver's Transmission Defect Suit

    General Motors can't rely on an arbitration clause contained in a purchase agreement between a plaintiff customer and a dealership to arbitrate his claims alleging GM made cars with a defective transmission, after a Michigan federal judge ruled Friday the clause doesn't cover GM, which wasn't a party to the contract. 

  • June 13, 2025

    Shein Faces Arbitration Push Over Paid Influencer Claims

    The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.

  • June 13, 2025

    DC Circ. Urged To Reject Approval For Braille-Free Drug Label

    Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.

  • June 13, 2025

    Trump's Firing Of CPSC Commissioners Ruled Illegal

    A Maryland judge ruled Friday that the removal of three U.S. Consumer Product Safety Commission commissioners by President Donald Trump was unlawful, finding a 1935 U.S. Supreme Court ruling that protected a Federal Trade Commission member from removal applies to the members of the CPSC. 

  • June 13, 2025

    Chervon, Lowe's Say Recall Blocks Explosive Battery Suit

    Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.

  • June 13, 2025

    Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit

    The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.

  • June 12, 2025

    Air India Crash — Boeing 787 Dreamliner: What Do We Know?

    The Boeing Co. is bracing for renewed scrutiny after Thursday's deadly crash of an Air India flight with 242 people onboard as another line of its jets — this time, its 787-8 Dreamliner — is involved in an overseas aviation disaster just as the company was eyeing a fresh chapter following its 737 Max crisis.

  • June 12, 2025

    'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny

    A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."

  • June 12, 2025

    Roundup Plaintiffs' Rip Of Expert Was Off Base, Jury Hears

    A Missouri jury weighing a Roundup cancer case heard expert testimony Thursday that plaintiffs offered a "remarkable mischaracterization" of a defense expert witness on cancer causation when they said in openings that he was "discredited."

  • June 12, 2025

    Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit

    An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.

  • June 12, 2025

    Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work

    Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.

  • June 12, 2025

    Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia

    A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.

  • June 12, 2025

    Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits

    An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.

  • June 12, 2025

    GlaxoSmithKline Settles Conn. Generic Zantac Suits

    GlaxoSmithKline on Thursday agreed to settle two Connecticut lawsuits, one by seven plaintiffs and the other by 11, that claimed generic forms of the brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • June 12, 2025

    Hemp Retailer Sues DC, Feds Over District's Cannabis Policy

    A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.

  • June 12, 2025

    8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

    The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.

  • June 12, 2025

    Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid

    A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.

  • June 12, 2025

    Approach The Bench: Judge Proctor On Civility, Civil Rules

    R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.

  • June 11, 2025

    9th Circ. Doubts Kleenex Ad Fight Belongs In District Court

    Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.

  • June 11, 2025

    Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement

    A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.

  • June 11, 2025

    Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities

    President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.

  • June 11, 2025

    Wash. Panel Grills Worker Family On $5M Asbestos Win Basis

    A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.

  • June 11, 2025

    9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal

    A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."

Expert Analysis

  • Aviation Watch: New FAA Chief Will Face Strong Headwinds

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    Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • AI Use In Class Actions Comes With Risks And Rewards

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    The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Opinion

    Asbestos Trusts' Records Purge Threatens Claims Process

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    Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

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    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts

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    The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

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