Product Liability

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Pa. Paraquat, Gov. Shapiro's Neighbors: A Midyear Report

    Mass tort and antitrust cases advanced this year in Pennsylvania, where attorneys await Philadelphia's first paraquat trial and more developments in the class action against the Law School Admissions Council over test fees.

  • July 29, 2026

    Albertsons Pharmacy Work Was 'House Of Cards,' Judge Told

    Albertsons pharmacists in Washington state repeatedly warned supervisors that busy workloads and limited staffing were making it difficult to review prescriptions before filling them, a state judge in Seattle heard Monday, during a bench trial in Washington's case accusing Albertsons and its Safeway subsidiary of fueling the state's opioid crisis.

  • July 29, 2026

    Meta's View Of 'Problematic Use' Has Holes, Ex-Exec Testifies

    A former Facebook safety executive testified Wednesday in Tennessee's trial against Meta over youth mental health that Meta's definition of "problematic use" of apps is deficient and suffers from a lack of data.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    BNSF Reaches Deal Over Ex-Conductor's Post-Injury Firing

    A former conductor has reached a deal with BNSF Railway Co. to end an employment retaliation lawsuit that claims the company wrongfully fired him based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    3M, DuPont Ordered To Face Montana PFAS Lawsuit, For Now

    DuPont de Nemours Inc., 3M Co. and other manufacturers of firefighter turnout gear must for now face a retooled class action complaint by local governments in a dozen states who claim an industrywide conspiracy concealed the dangers of per- and polyfluoroalkyl substances, a Montana federal judge ruled Tuesday.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Delta Can't Knock Out Consumer's Greenwashing Suit

    A California federal judge narrowed a proposed class action accusing Delta Air Lines of overstating its emissions progress and falsely touting itself as the first carbon-neutral airline, denying a bid for injunctive relief but refusing to toss California law claims. 

  • July 29, 2026

    Depo-Provera MDL Gets New Lead Plaintiffs After Settlement

    The Florida federal judge overseeing the multidistrict litigation over a link between brain tumors and the hormonal contraceptive Depo-Provera on Wednesday approved three new pilot plaintiffs for the cases remaining after a global settlement that the judge called an "excellent outcome."

  • July 29, 2026

    Curaleaf Says Pot Suit Is Long On Length But Not Substance

    Cannabis giant Curaleaf Holdings Inc. on Tuesday slammed as "ill-conceived" a proposed class action by consumers who claim the company falsely marketed its products as medical treatments for mental health disorders and physical pain, saying none of the buyers are even medical cannabis patients.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Meta Set For 2027 Trial In Mass. Social Media Addiction Case

    A Massachusetts judge on Wednesday agreed to schedule a jury-waived trial for next May in the state's social media addiction lawsuit against Instagram and its owner, Meta Platforms.

  • July 29, 2026

    DraftKings Offers Sports Bets In Barred States, Suit Alleges

    A proposed class action in Massachusetts federal court accuses DraftKings of conducting sports betting in states that outlaw it, through prediction markets that are accessible through the same app as its sportsbook and daily fantasy sports.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

  • July 29, 2026

    Amicus Briefs Back Decertification In Juul, Altria Antitrust Suit

    The U.S. Chamber of Commerce, 14 states led by Iowa, and legal interest groups are urging the Ninth Circuit to throw out class certification in antitrust litigation against Altria and Juul, joining the companies in arguing that the trial court misapplied California law to apply to other states.

  • July 29, 2026

    Attys Secure $15M Fees In Abbott Formula Shareholder Suit

    An Illinois federal judge on Wednesday approved class counsel's $15.3 million fee request in a shareholder dispute over Abbott Laboratories' management of a 2022 infant formula contamination crisis, satisfied with the elaboration he called for during an earlier settlement fairness hearing.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

  • July 28, 2026

    Man Sues NC City Over Arrest For Smoking Legal Hemp

    A man arrested in 2023 after smoking a legal hemp cigarette is suing the city of Charlotte, North Carolina, and two of its police officers, saying the city had made the officers aware that they couldn't distinguish between cannabis and hemp by smell, but they still arrested him and a companion anyway.

  • July 28, 2026

    UPPAbaby Beats Suit Over Infant Car Seat Defect Claims

    Baby equipment maker UPPAbaby has for the time being avoided a grandmother's proposed class action claiming its infant car seats are dangerously defective, after a New Jersey federal judge dismissed her claims as unsupported "assumptions."

  • July 28, 2026

    Tesla Told To Disclose Reported Events In Fla. Fatal Crash Suit

    A Florida judge ruled on Tuesday that a Tesla engineer must disclose all publicly reported incidents in an internal database, affirming a special magistrate's order in a lawsuit accusing the carmaker of negligence stemming from a crash that killed the driver and his 19-year-old passenger. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Union Pacific Won't Hire Drivers Using Opioid Meds, Suit Says

    Union Pacific Railroad Co. refuses to hire train drivers who take certain medications for opioid use disorder without evaluating their cases individually, in violation of the Americans with Disabilities Act, according to a proposed class action filed in Wisconsin federal court.

Expert Analysis

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Gatorade Suit Offers Lessons On Product Performance Claims

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    A proposed class action in New York federal court disputing PepsiCo's claim that Gatorade "hydrates better than water" presents a broad challenge to the way food and beverage companies communicate product benefits — and the risks that arise when marketing claims outpace the evidence supporting them, says Pejman Javaheri at Juris Law Group.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Colorado's New Chatbot Law May Be Defined By Its Carveouts

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    What makes Colorado's conversational artificial intelligence service law worth close attention is what it leaves out, so a thorough scoping analysis may be as important as compliance planning for companies that develop, license or deploy conversational AI, say attorneys at Eversheds Sutherland.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • Why Ultra-Processed Foods May Be The Next Big Mass Tort

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    With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

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