Product Liability

  • 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.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    Comcast Faces ERISA Suit Over Employee Tobacco Surcharge

    Comcast Corp. violated federal benefits law by charging employees who use tobacco an extra fee without spelling out alternatives like smoking-cessation programs and making full refunds available to workers who complete them, a worker says in a proposed class action in Pennsylvania federal court.

  • July 20, 2026

    Exxon Climate Suit Fate May Hinge On Preemption Precedent

    A Connecticut state judge on Monday seemed inclined to wait for upcoming U.S. Supreme Court preemption guidance before ruling on the state's attempt to nix one of Exxon Mobil's defenses in an environmental marketing lawsuit, though both sides drew some skepticism during oral argument Monday.

  • July 20, 2026

    Tilray Beats Suit Over Hemp Product Protein Claim, For Now

    A California federal judge dismissed, for now, a Tilray customer's proposed class action alleging she was misled about the protein content of the company's hemp powders on Amazon product listings, ruling Friday they complied with federal labeling requirements, since the listings feature complete nutrition facts panels and percent daily value.

  • July 20, 2026

    Honda Driver Says Defective Camera Disables Safety Features

    A Honda driver said multiple vehicle models have a defect in their windshield-mounted front-facing sensor camera, which causes safety and driver assistance features to malfunction simultaneously, telling a California federal court that drivers are left with clusters of warning messages and costly repairs.

  • July 20, 2026

    Meta Can't Block States' Damages Expert In Addiction Trial

    A California federal judge has denied Meta Platforms Inc.'s bid to exclude testimony from a damages expert offered by a coalition of 29 states from an upcoming trial in a suit alleging Facebook and Instagram are intentionally addictive.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    CBD Co. Says Hemp Farm's Late Filing Warrants $1.7M Award

    A CBD oil company is seeking a default judgment and a $1.7 million award against a hemp farm that accused it of breaching their contract, while the farm is asking the Washington federal court to forgive its late filing in the $14.7 million case.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    Judge Decries 'Extreme' Penalty Bids In Social Media MDL

    A California federal judge overseeing an upcoming trial over states' social media addiction claims against Meta took issue with both sides' "extreme" penalty estimates during a pretrial hearing Friday, saying the states' $1.4 trillion proposal is "unreasonable," but Meta's $4 million estimate "is not even a slap on the hand."

  • July 17, 2026

    Ruger Asked To Pay $90M To Settle Mass Shooting Claims

    The families of the victims of a 2021 mass shooting in Boulder, Colorado, have proposed that gunmaker Sturm Ruger & Co. Inc. pay $90 million to resolve a pair of suits, according to a global offer of compromise filed in Connecticut state court.

  • July 17, 2026

    Taylor Farms, Taco Bell Sued Over Cyclospora Outbreak

    Taylor Farms and Taco Bell are facing proposed class litigation in California, Michigan and Ohio federal courts after public health officials linked contaminated lettuce that was supplied to Taco Bell to a parasitic outbreak that's sickened more than 1,600 people in several states.

  • July 17, 2026

    Law Firm Says Marketer Is On The Hook For Unwanted Calls

    A North Carolina plaintiffs firm facing a lawsuit alleging unwanted calls were made to those on the National Do Not Call Registry says a marketing company should be on the hook for damages, urging a federal court not to allow the vendor to hide behind a predecessor's bankruptcy.

  • July 17, 2026

    Tesla Driver 'Overrode' Autopilot In Fatal Crash, NTSB Says

    The Tesla Model 3 driver who plowed into a Texas family's home, killing a 76-year-old grandmother, fully pressed down on the accelerator, which "overrode" the electric vehicle's so-called Autopilot feature, the National Transportation Safety Board has found.

Expert Analysis

  • 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.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Aviation Watch: Product Safety Lessons From The UPS Crash

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    The National Transportation Safety Board's recent hearing concerning the crash of a UPS jet late last year highlighted the importance of maintaining records documenting analysis of design defects, adequately warning users of defects and related safety issues, and requiring use of improved designs, says Alan Hoffman, a retired attorney and aviation expert.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • How Federal PFAS Bill Would Expand Liability For Companies

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    Recently proposed federal legislation governing per- and polyfluoroalkyl substances would not only phase out nonessential uses of PFAS and prohibit detectable environmental releases, but would also expand liability in ways that will matter to companies with current or historical PFAS exposure, says Ayodeji Ayolola at Gordon Rees.

  • Reducing Youth Product Risks When No Standards Apply

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    As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

  • New State AI Laws Create Dual Misrepresentation Risk

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    As artificial intelligence transparency laws are enacted across the country and the volume and specificity of compliance records increase, companies will be required to speak more often, more precisely and to more audiences about the same systems, compounding the risk of litigation, say attorneys at Cooley.

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