Product Liability

  • March 04, 2025

    Reynolds Wrap Maker Must Face 'Made In The USA' Case

    A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.

  • March 04, 2025

    American Airlines Seeks Win In Suit Over In-Flight Death

    American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.

  • March 04, 2025

    Ga. PFAS Liability Bill Faces Debate Ahead Of Key Deadline

    A Georgia bill to reduce corporate liability for PFAS contamination on Tuesday received strong industry backing and intense pushback from North Georgia residents and communities who warned state lawmakers against handing "a get-out-of-jail-free card" to carpet manufacturers accused of polluting waterways.

  • March 04, 2025

    Freezer Co. Drops Supplier Suit Over $15M Embryo Loss

    Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.

  • March 04, 2025

    FCA Hit With Suit Alleging Power-Steering Pump Fire Risk

    Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.

  • March 04, 2025

    Lead Testing Operations Chief To Admit Misbranding Charge

    The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.

  • March 04, 2025

    Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.

    The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.

  • March 03, 2025

    Wrongful Death Claims Go Ahead In Social Media MDL

    A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.

  • March 03, 2025

    Fiji Beats Ill. Microplastics Suit Over Lack Of Testing

    An Illinois federal judge has tossed out proposed class claims that the company behind Fiji Water illegally labels the product as "natural" artesian water knowing it contains microplastics, saying Monday the consumers haven't pointed to scientific evidence directly tying the product to their claims.  

  • March 03, 2025

    Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit

    Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."

  • March 03, 2025

    National Gaming Chair Gets Pause In Alaskan Casino Suit

    A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.

  • March 03, 2025

    Chamber Leads Group Challenging NY Climate Superfund Bill

    A U.S. Chamber of Commerce-led coalition asked a New York federal judge to block a "plainly unconstitutional" Empire State law that promises to impose $75 billion in cost-recovery demands on fossil fuel companies to help pay for climate adaptation projects.

  • March 03, 2025

    Ex-Jaguars Worker Tells FanDuel Arbitration Isn't Enforceable

    A former Jacksonville Jaguars employee urged a New York federal court to deny FanDuel's bid to arbitrate his claims in a lawsuit that alleges the company facilitated a gambling addiction, saying the company aggressively lured him with predatory tactics and must be held accountable.

  • March 03, 2025

    Countertop Co. Demands Insurer Cover Over 100 Injury Suits

    A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.

  • March 03, 2025

    10th Circ. Backs CPSC In Challenge To New Magnet Rule

    The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.

  • March 03, 2025

    Justices Turn Away Peru Mining Pollution Suit

    The U.S. Supreme Court on Monday rejected a bid by a mining company controlled by billionaire Ira Rennert to resolve whether the Eighth Circuit incorrectly denied the dismissal of claims raised by over 1,000 Peruvians alleging improper pollution.

  • February 28, 2025

    J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial

    A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.

  • February 28, 2025

    Group Blasts Judge's Call For Women In Contraception MDL

    A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.

  • February 28, 2025

    Ford Insists Recalls Thwart Engine Fire Defect Class Action

    Ford Motor Co. asked a Michigan federal judge on Friday to snuff an amended proposed class action alleging it sold hybrid electric vehicles with defective engines that could spontaneously stall and catch fire, reiterating that two voluntary recalls of affected vehicles voids the drivers' claims.

  • February 28, 2025

    Galaxy Gas Hides A Dangerous Buzz, Class Action Says

    Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."

  • February 28, 2025

    Seattle Property Owner Slaps Exxon With Cleanup Suit

    A Seattle property owner hit Exxon Mobil Corp. with a lawsuit seeking to hold it liable for the costs of cleaning up pollution from a former gas station, according to a complaint the energy giant removed to federal court on Friday.

  • February 28, 2025

    GM Parking Defect Suit Dismissed After Settlement

    A Michigan federal judge has dismissed a class action alleging General Motors LLC sold vehicles with a defective shifter that couldn't detect when the vehicles are in park following a notice that the parties had reached a settlement.

  • February 28, 2025

    11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit

    The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.

  • February 28, 2025

    Lewis Brisbois Adds Miami Litigation Trio From Fowler White

    Lewis Brisbois Bisgaard & Smith LLP added a trio of experienced litigation partners to its products liability practice in Miami from Fowler White Burnett PA.

  • February 28, 2025

    Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits

    The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

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