Product Liability

  • April 23, 2025

    Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit

    A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.

  • April 23, 2025

    FDA Warns Of Health Risks In Topical Hair Loss Drug

    The U.S. Food and Drug Administration on Wednesday alerted healthcare providers, pharmaceutical compounders and consumers about potential safety risks tied to certain hair loss treatment products, citing reports of persistent adverse side effects, including sexual dysfunction, depression and suicidal thoughts.

  • April 23, 2025

    Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.

    A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.

  • April 23, 2025

    Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict

    A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.

  • April 23, 2025

    Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit

    Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.

  • April 23, 2025

    New Mexico Wildfire Sparks Suit Against Federal Government

    The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.

  • April 23, 2025

    Colgate Faces New Suit Over Lead In Children's Toothpaste

    Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.

  • April 23, 2025

    Railcar Co. Owes Nothing In $600M Ohio Derailment Deal

    A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.   

  • April 23, 2025

    Eli Lilly Sues 4 Telehealth Cos. For Weight Loss Drug Copies

    Eli Lilly filed a new round of lawsuits Wednesday over the compounding of its popular weight loss drugs Mounjaro and Zepbound, accusing four telehealth companies of making copies of the medications while alleging that two companies violated laws requiring doctors to make medical decisions, not corporations. 

  • April 23, 2025

    Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'

    A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.

  • April 23, 2025

    Insurers Settle $1.1M Ryobi Battery Fire Claims

    A group of insurers including The Hartford has agreed to settle a consolidated lawsuit alleging that a defective Ryobi power tool battery caused a fire that led to at least $1.1 million in losses to three businesses, according to a Wednesday notice filed in Connecticut federal court.

  • April 22, 2025

    PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told

    A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.

  • April 22, 2025

    US Intends To Proceed With Ariz. Copper Mine, Justices Told

    The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.

  • April 22, 2025

    Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty

    Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.

  • April 22, 2025

    Customer Sues Amazon Over Burns From Heating Pad

    A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.

  • April 22, 2025

    Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit

    Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.

  • April 22, 2025

    Tesla Reaches Settlement With Widow In Wrongful Death Suit

    Tesla Inc. has reached a settlement resolving a woman's wrongful death suit claiming her husband was killed after his Tesla Model Y suddenly accelerated and crashed into a gas station pump support column, according to a notice filed Monday in California federal court.

  • April 22, 2025

    Cummins Inc. Can't Dodge Engine Warranty Class Claims

    A Michigan federal judge on Monday said Cummins Inc. must face a trucking company's proposed class action alleging the engine maker routinely cites dust damage to refuse warranty replacements and repairs without determining if it really was the cause.

  • April 22, 2025

    Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says

    Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.

  • April 22, 2025

    Amazon Settles Suit Over Deadly La. House Fire

    Amazon.com Inc. and the family of a man who died in a house fire caused by a faulty battery charger sold on the online platform have reached a settlement ending a wrongful death suit, with a Louisiana federal judge dismissing the case with prejudice on Tuesday.

  • April 22, 2025

    Subaru Buyers' Attys Get $7.25M As Windshield Deal OK'd

    A New Jersey federal judge on Monday gave final approval to a settlement between Subaru and a class of nearly 2 million customers in a suit that accused the automaker of selling vehicles with windshields vulnerable to cracks and other breakage, and granted class counsel $7.25 million in attorney fees.

  • April 21, 2025

    5th Circ. Lifts Block On Mississippi Social Media Law

    The Fifth Circuit lifted a preliminary injunction on a Mississippi law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, saying that under the U.S. Supreme Court's 2024 decision in Moody, a "more detailed analysis" of the act is required.

  • April 21, 2025

    'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit

    A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.

  • April 21, 2025

    New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit

    Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.

  • April 21, 2025

    Kentuckian Sues Medtronic, FDA Over Spinal Cord Stimulator

    A Kentucky woman has hit Medtronic and the U.S. Food and Drug Administration with a suit alleging that a 41-year-old spinal cord stimulator device worsened her pain, and that updates to the device over the years weren't diligently reviewed by the agency.

Expert Analysis

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Anticipating Direction Of Cosmetics Regulation Under Trump

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    It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

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