Product Liability

  • 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.

  • July 28, 2026

    NC Woman Drops Bone Cement Suit Against Zimmer Biomet

    A woman agreed to permanently end her lawsuit against medical device manufacturer Zimmer Biomet, in which she claimed its compound for bonding prosthetics to bone was defective and caused her to suffer following a knee replacement surgery.

  • July 28, 2026

    Papaya Owes $719M, Atty Fees In Gaming False Ad Case

    A New York federal judge has granted Firy Inc.'s request to order Papaya Gaming Ltd. to disgorge $719 million and pay $10.1 million in attorney fees to Firy on top of a $420 million jury verdict in April for alleged misrepresentations about its mobile games being based on skill and not using bots.

  • July 27, 2026

    7th Circ. Revives Suit Over Chobani's 'Sugar Free' Labeling

    The Seventh Circuit Monday resurrected a proposed class action claiming Chobani misled customers by labeling its yogurt as "sugar free," ruling that the naturally occurring sweetener in the yogurt constitutes a sugar under federal regulation and thus the customers have plausibly alleged consumer deception.

  • July 27, 2026

    Albertsons Opioid Trial Told Of Needles, ODs In Library

    A witness in Washington's case accusing Albertsons Cos. Inc. of fueling the state's opioid crisis testified at a bench trial Monday that problem drug use was evident in a city library system she's led for nearly a decade, pointing to syringes scattered across the facility and multiple instances of overdoses.

  • July 27, 2026

    J&J, Ovarian Cancer Talc Claimants Unveil $5.5B Global Deal

    Johnson & Johnson announced Monday that it has agreed to pay some $5.5 billion to put to rest tens of thousands of lawsuits alleging its talcum powder products caused ovarian cancer, with plaintiffs' counsel calling the deal "long-delayed justice" for their clients.

  • July 27, 2026

    Tech Co.'s 'Mass Surveillance' Tracks US Drivers, Suit Says

    Fleet management company Motive Technologies Inc. is accused of violating California privacy laws by secretly and "on a massive scale" running a license plate surveillance network through its artificial intelligence-powered software, according to a lawsuit filed in California federal court.

  • July 27, 2026

    Meta Left Users In Dark About Danger, Tenn. AG Tells Jury

    Tennessee's attorney general went to trial Monday against Meta over claims the social media giant concealed teen mental health harms, telling a jury that despite the revelations employees saw from its systematic research program, the public "warning never came."

  • July 27, 2026

    Union Funds Seek Final OK For $180M In Opioid Deals

    Union health and welfare funds have asked the Ohio federal judge overseeing the sprawling national opioid litigation to approve settlements totaling $180 million with CVS, Walgreens, Walmart and three pharmaceutical companies to compensate for the costs of opioid use disorder treatment.

  • July 27, 2026

    Sig Sauer Likely Faces Remand Of NJ Gun Marketing Suit

    A New Jersey judge on Monday recommended sending the state attorney general's lawsuit alleging Sig Sauer Inc. deceptively marketed its P320 handgun back to state court, concluding the firearms-maker failed to establish that the case belonged in federal court.

  • July 27, 2026

    Taco Bell, Taylor Farms Hit With Another Cyclospora Suit

    Consumers have filed another suit in Michigan federal court against Taco Bell and produce supplier Taylor Farms, alleging that the companies' negligence caused them to suffer cyclospora infections after eating contaminated iceberg lettuce sold at Taco Bell restaurants.

  • July 27, 2026

    GoodPop, JonnyPops Trade Blows In Fruit Pop False Ad Fight

    GoodPop and JonnyPops have both filed summary judgment bids in a false advertising battle in Texas federal court that was filed two years ago by GoodPop, each arguing that their rival's claims over their respective frozen pops' fruit and sugar content can be tossed without going to trial.

  • July 27, 2026

    GM Says Airbag Defect Suit Fails After Plaintiffs Recast Case

    General Motors has urged a California federal court to end a proposed class action by truck and SUV drivers, arguing that after five years of litigation, they still cannot plausibly allege any defect exists in their vehicles' safety software.

  • July 27, 2026

    OceanGate Foundation Insurer Launches Titan Coverage Suit

    Philadelphia Indemnity Insurance Co. urged a Seattle federal court Friday to find it has no duty to defend nonprofit OceanGate Foundation from a lawsuit filed by the family of a French explorer who died during the Titan deep-sea submersible's 2023 expedition, or otherwise rule any coverage obligations are capped at $100,000.

  • July 27, 2026

    Hygiene Co. Can't Fight FTC's Need To Back Up COVID Claims

    Xylitol-based hygiene products company Xlear can't challenge the Federal Trade Commission's general insistence that companies "substantiate" health claims like COVID-19 protections, because the FTC isn't currently suing over those claims, a Utah federal judge ruled Monday.

  • July 27, 2026

    Insurers Don't Owe Grocer Coverage For Opioid Settlement

    A group of insurers owes no coverage to grocery chain Harris Teeter for amounts that its parent company, Kroger, paid as part of a $1.37 billion global settlement of opioid suits brought by government entities, North Carolina's business court ruled.

  • July 27, 2026

    Chobani Can't Escape Danone's Coffee TM Suit

    A New York federal judge on Monday refused to toss Danone's unregistered trademark infringement suit against Chobani over use of the phrase "Bright & Mellow," saying Danone plausibly backed up its argument that the mark was not simply generic.

  • July 27, 2026

    Railroads, Feds Spar Over Train Crew Size Rule In 11th Circ.

    Railroads have told the Eleventh Circuit that the Federal Railroad Administration failed to properly justify its 2024 two-person train crew rule, saying the agency flip-flopped from its previous determination that such a rule was unnecessary.

  • July 27, 2026

    Honda Says Recall Wipes Out Odyssey Faulty Air Bag Suit

    American Honda Motor Co. Inc. and an affiliate are asking a California federal court to throw out a proposed class action alleging that its Odyssey minivans have defective side air bags, saying a government-supervised recall means there is no injury to the buyers.

Expert Analysis

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 5 Risks For US Cos. From New EU Product Liability Directive

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    When the European Union's revised Product Liability Directive takes effect this year, it will fundamentally reshape product liability litigation across all EU member states — so U.S.-based companies operating in Europe should prepare now for broader discovery rules, narrower attorney-client privilege and heightened forum-shopping risks, say attorneys at DLA Piper.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • What New PFAS Rule Means For Tracking And Disclosure

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    In the wake of the U.S. Environmental Protection Agency's publication of its rule adding PFHxS-Na to the Toxics Release Inventory, companies should identify this substance in their facilities and supply chains, and prepare for disclosures to both regulators and the public, says Ayodeji Ayolola at Gordon Rees.

  • AI-Proofing Class Action Notices From Pro Se Objection Surge

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    Class action practitioners should prepare for a likely surge in artificial intelligence-enabled pro se objections by implementing several practical strategies to navigate this shift, says Britany Wessan at Almeida Law Group.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

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