Product Liability

  • March 06, 2025

    FDA Nominee Hedges On Job Cuts, Abortion Drug In Hearing

    The nominee to lead the U.S. Food and Drug Administration, Dr. Marty Makary, repeatedly hedged about whether he would reconvene a flu vaccine committee, maintain access to the abortion drug mifepristone or control future job cuts during his confirmation hearing in front of a Senate panel on Thursday. 

  • March 05, 2025

    Starbucks Let Hot Drink Spill On Driver, Jury Hears

    Starbucks went to trial Wednesday over a delivery window drink pickup gone wrong, as lawyers for a driver who had scalding water spill in his lap told a Los Angeles jury the coffee giant's employee left one of three cups "not safely secured" in a cardboard drink holder.

  • March 05, 2025

    Chrysler Sold Jeeps With Batteries That Catch Fire, Suit Says

    Newer-model plug-in hybrid Jeep Wranglers can catch fire due to a defect in its high-voltage battery, according to a proposed class action filed in Michigan federal court that accuses Fiat Chrysler America of concealing the problems.

  • March 05, 2025

    Los Angeles County Sues SoCal Edison Over Eaton Fire

    Los Angeles County joined the many dozens suing Southern California Edison over the devastating Eaton Fire on Wednesday, as the most populous county in the United States alleges in its lawsuit that the utility's faulty equipment caused the destructive blaze.

  • March 05, 2025

    Igloo Must Pay For Finger-Chopping Coolers, Consumer Says

    A California man is suing beverage storage company Igloo over its popular coolers and ice chests that he says have pinched, broken and even amputated fingertips, saying in a federal suit that the company's remedial efforts haven't been enough.

  • March 05, 2025

    Feds Urge Justices To Allow Nuke Waste Storage In Texas

    The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.

  • March 05, 2025

    Gun Group Urges Full 6th Circ. Take Up Sig Sauer Safety Case

    The right to keep and bear arms would be infringed if customers can sue gun manufacturers on a theory that a pistol without an external safety is defectively designed, a gun advocacy group is arguing, urging the full Sixth Circuit to review a product liability lawsuit against Sig Sauer Inc.

  • March 05, 2025

    Another Illinois Cannabis Biz Targeted In Potency Class Action

    A plaintiffs firm that has represented consumers in multiple proposed class actions against Illinois cannabis companies, alleging unlawfully high THC levels in their wares, has launched a new suit, while a pending state court action against pot giant Ascend Wellness was moved to federal court.

  • March 05, 2025

    Bauer Hockey Helmet To Blame For Nose Injury, NJ Man Says

    A New Jersey man says a hockey helmet made by Bauer is to blame for his nose injury when he was hit into the rink boards, according to a suit removed to federal court Tuesday.

  • March 05, 2025

    Insurer Wants Out Of Covering Ill. Pot Potency Suit

    Admiral Insurance Co. is asking an Illinois federal court to clear it of any duty to cover a Shelbyville dispensary in a suit alleging that it mislabeled its products to get around the state's limits on THC.

  • March 05, 2025

    Airplane Parts Makers Say Fatal Crash Order Invites 'Chaos'

    A pair of airplane parts makers have urged the North Carolina Supreme Court to reverse the dismissal of their appeal in a fatal crash case, arguing that the lower appellate court "usurped" the justices' authority by tossing the appeal despite an active stay order from the high court.

  • March 04, 2025

    Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach

    Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.

  • March 04, 2025

    Agencies Have 'Ultimate' Authority Over Firings, OPM Says

    The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."

  • March 04, 2025

    House Aviation Panel Weighs Air Traffic Control Fixes

    Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.

  • March 04, 2025

    Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny

    With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.

  • March 04, 2025

    Health Providers Fight To Keep MultiPlan Pricing MDL Alive

    Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.

  • March 04, 2025

    Pool-Maker Hit With $25M Defect Verdict In Child's Drowning

    A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.

  • March 04, 2025

    Volkswagen Settling Drivers' Suit Over Turbocharger

    Volkswagen and Audi drivers who claim their cars contained defective turbochargers have asked a New Jersey federal judge to preliminarily approve a proposed class settlement that would have the automaker cover as much as half of certain out-of-pocket expenses the vehicle owners paid during the first 85,000 miles.

  • March 04, 2025

    Ruger Must Face Colorado Shooting Suits In Connecticut

    Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.

  • 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.

Expert Analysis

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Liability Risk For AI In Medical Devices Demands Greater Care

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    As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

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