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Product Liability
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February 26, 2026
PacifiCorp Hit With $305M Verdict For Oregon Fire
Multnomah County jurors have awarded a $305 million verdict to 16 people who sued electric power company PacifiCorp for damages stemming from a Santiam Canyon fire in Oregon.
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February 26, 2026
Judge Scolds 'Impenetrable' TikTok In NY AG's Addiction Suit
A New York state judge Thursday chided TikTok's attorneys for failing to search for financial and corporate records in the state's social media child addiction lawsuit, appearing poised to force TikTok companies to hand over more business data to calculate potential damages or disgorgement.
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February 26, 2026
TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal
Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
Product Liability Group Of The Year: Covington
Covington & Burling LLP helped Proctor & Gamble prevail in cold medicine multidistrict litigation and won a high-stakes baby formula trial for Mead Johnson in a plaintiff-friendly venue, earning it a spot among the 2025 Law360 Product Liability Groups of the Year.
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February 25, 2026
Lawsuit Over Recalled Lowe's Batteries Tossed, For Now
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC have, for now, beaten a proposed class action accusing them of selling lithium-ion batteries that caught fire, after an Illinois federal judge ruled that the buyer failed to point to any particular "promise regarding safety."
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
NJ Judge Trims J&J And Neutrogena Benzene Suit
A New Jersey federal judge has slashed state and common law claims in a multistate proposed class action alleging that acne cream produced by Johnson & Johnson Consumer Inc. and Kenvue Inc. contained a cancer-causing chemical without warning labels, saying the buyers' claims missed "a step" and were "circular."
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February 25, 2026
BP Says Wash. 'Odors' Suit Smells No Better 2nd Time Around
BP Products North America Inc. again urged a Seattle federal judge to reject a putative class action over fumes from the petroleum company's Cherry Point Refinery in Blaine, Washington, arguing the two named plaintiffs are poor representatives of the proposed class.
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February 25, 2026
Fungi-Nail Co. Says False Advertising Class Action Must Fail
Arcadia Consumer Healthcare Inc. on Tuesday urged a North Carolina federal judge to toss once and for all a proposed class action alleging that its Fungi-Nail product is falsely marketed as a treatment for nail fungus, saying that the plaintiff has tried and failed several times to point to specific statements that it treats the infection.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Mass. Town Targets Georgia-Pacific, Honeywell In PFAS Suit
A Massachusetts town has sued several industrial paper manufacturers in federal court, seeking to force the companies to pay for removal of forever chemicals that have contaminated the local water supply.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
Product Liability Group Of The Year: Jones Day
Jones Day last year successfully defended the entire U.S.-based firearm manufacturing industry in a $10 billion complaint filed by the government of Mexico that eventually made its way to the U.S. Supreme Court, one of several wins that earned the firm a place on the 2025 Law360 Product Liability Groups of the Year.
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February 24, 2026
YouTube-Watching Plaintiff Saw 17K Ads In 1 Year, Jury Hears
A YouTube executive testifying in a California bellwether trial over allegations the platform and Instagram harm children confirmed Tuesday that the company's data found the plaintiff viewed over 17,000 advertisements in one year, with her lawyer suggesting the number reflects that she spent an extraordinary amount of time on the platform.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Tesla Says Calif. DMV 'Baselessly' Called It A False Advertiser
Tesla asked a Los Angeles County Superior Court to vacate a California Department of Motor Vehicles order that it said "wrongfully and baselessly" labels the automaker a false advertiser for marketing its vehicles' "autopilot" function, calling the order "deeply flawed."
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February 24, 2026
Miller Lite Glass Injury Jury Will Hear That Bottle Was Emptied
A federal judge ruled Tuesday that jurors set to weigh injury claims by a Miller Lite drinker who swallowed glass will be told that he altered evidence out of the beer giant's presence.
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February 24, 2026
Meta Encrypted Messages At Expense Of Safety, Jury Hears
Meta made it harder to take action on conversations between predators and teens by instituting higher message encryption over the objections of the nation's child exploitation coordinating body, an executive of that group testified Tuesday in the New Mexico attorney general's mental health trial against the social media giant.
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February 24, 2026
High Court Won't Stay Dow Corning Breast Implant Fund Row
The U.S. Supreme Court on Tuesday denied a request to stay a lower court's order permanently wiping out the claims of more than 2,600 Koreans who said they were failed by how the settlement was structured, as they were given notice only in English regarding their claims.
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February 24, 2026
Trucking Biz Says Cummins Must Face Warranty Denial Suit
A trucking company has told a Michigan federal court it has evidence showing Cummins Inc. decided to cite dust damage to avoid repairing its broken-down engines before even checking inside them, arguing the court should not let the engine maker out of the proposed class action.
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February 24, 2026
Hyundai Braking System A 'Safety Hazard,' Class Action Says
Hyundai used "cheap" components in its automatic emergency braking system, causing its vehicles to erroneously detect objects that aren't there and suddenly brake in traffic, according to a California federal lawsuit which claims the system is a hazard.
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February 24, 2026
Novo Nordisk Wants Expert Cut From Hospital Insulin Pen Suit
Novo Nordisk on Tuesday asked a Connecticut federal judge to remove an expert witness's report and related testimony from an insulin pen contamination lawsuit, hoping a hospital's entire case fails once the expert's opinions are blocked.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.