Product Liability

  • August 22, 2025

    Kratom Co. Says False Ad Addiction Suit Should Be Tossed

    The company behind Kryptic Kratom and K-Chill branded supplements is, once again, urging a California federal court to dismiss a lawsuit claiming that it concealed the "opiate-like" addictive nature of its products, arguing that the latest complaint, which now brings RICO claims, is just as weak as the previous ones.

  • August 22, 2025

    3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening

    A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.

  • August 22, 2025

    Altria Unit Says FDA Stonewalled On Flavored E-Cig Approvals

    A subsidiary of tobacco giant Altria has filed a new lawsuit in Louisiana federal court against U.S. health regulators it alleges unlawfully delayed processing the company's applications to market flavored e-cigarettes for almost three years.

  • August 22, 2025

    Amazon Doesn't Let Viewers Keep Movies They 'Buy,' Suit Says

    Amazon has been hit with a proposed class action in Washington federal court claiming the company deceptively "sells" movies on Amazon Prime Video without disclosing to consumers that its limited digital license to any audiovisual work might be inaccessible down the line.

  • August 22, 2025

    2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions

    The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.

  • August 22, 2025

    Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules

    Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.

  • August 22, 2025

    New York City Clears Waymo To Test Self-Driving Cars

    Waymo LLC received the green light to begin testing its self-driving cars in New York City after scoring a permit Friday that could pave the way for autonomous vehicles to roll out in one of the nation's most heavily congested cities.

  • August 22, 2025

    House Oversight Chair Presses DOJ On Chinese Vape Surge

    The Republican head of the U.S. House of Representatives Committee on Oversight and Government Reform is asking the U.S. Department of Justice for an update on how it is combating the import of illicit vape products from China.

  • August 22, 2025

    Panda Express Meal Caused Arterial Damage, Patron Says

    A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.

  • August 22, 2025

    Trump Admin Pauses Visas For Commercial Truck Drivers

    Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.

  • August 22, 2025

    Marketer Who Eyed US Fentanyl 'Grand Lab' Gets 15 Years

    A Manhattan federal judge on Friday sentenced a Chinese marketing manager to 15 years in prison after a jury convicted her of scheming to secretly send large quantities of precursor chemicals into the United States for the production of fentanyl.

  • August 21, 2025

    Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed

    Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.

  • August 21, 2025

    Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash

    The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.

  • August 21, 2025

    Thousands Of Buyers Accuse Temu Of Avoiding Arbitration

    Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.

  • August 21, 2025

    Fertility Co. Says Deception Suit 'Mischaracterizes' Test

    A fertility clinic chain is urging a Colorado federal judge to toss a proposed class action accusing it of deceptively marketing genetic tests of embryos, saying the claims are time-barred, lack required expert backing and specificity, and don't identify any actionable misstatements.

  • August 21, 2025

    Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.

    The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.

  • August 21, 2025

    Roblox Hit With New Accusations Of Child Safety Shortfalls

    The Roblox Corp. prioritized growth and profits over child safety, opening the door to sexual exploitation, a North Carolina mother claimed in the latest complaint the tech giant faces over alleged safety shortfalls. 

  • August 21, 2025

    NHTSA Looking Into Tesla Crash Report Tardiness

    Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.

  • August 21, 2025

    Judge OKs Deal To End Misrepresented Pickleball Paddle Suit

    A Florida federal judge on Wednesday approved a settlement resolving a class action accusing a pickleball paddle manufacturer of deceptively marketing its products as certified by the sport's governing body that will pay out up to $300 to each class member.

  • August 21, 2025

    EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request

    The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."

  • August 20, 2025

    United, Delta Flyers Sue Over Windowless 'Window' Seat Fees

    United and Delta on Tuesday were hit with a pair of proposed breach of contract class actions in California and New York federal courts by customers who accused the airlines of charging premium fees for windowless seats that are misleadingly advertised as having windows. 

  • August 20, 2025

    TikTok Profits From Addicting Children, Minnesota Says

    TikTok Inc. knowingly designed its social media platform to be addictive to children, according to a state court lawsuit filed by Minnesota, which also accuses the company of operating an unlicensed virtual currency system that facilitates financial and sexual exploitation of minors.

  • August 20, 2025

    Character.AI Founder Seeks Exit From Teen's Suicide Suit

    The co-founder of Character.AI has asked a Florida federal judge to toss certain claims in a suit alleging a teen's suicide was caused by a negligently designed artificial intelligence chatbot, saying he can't be sued individually in Florida because he's never done any business in the state.

  • August 20, 2025

    States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate

    Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.

  • August 20, 2025

    Talphera Beats Investors' Bid To Save Slogan Suit At 9th Circ.

    The Ninth Circuit on Wednesday refused to revive a proposed shareholder class action accusing Talphera Inc. of misleading investors about the simplicity of administering the pharmaceutical company's "Tongue and Done" opioid, saying in a published opinion that no reasonable investor would "blindly" accept the slogan without considering other information.

Expert Analysis

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Opinion

    California Climate Lawsuit Bill Is Constitutionally Flawed

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    A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

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