Product Liability

  • March 28, 2025

    Judge Ends $400M Air Force Base PFAS Contamination Case

    A Court of Federal Claims judge has dismissed a $400 million lawsuit from New Mexico landowners alleging that PFAS runoff from a nearby U.S. Air Force base contaminated their land, saying they hadn't shown any taking by the government.

  • March 28, 2025

    Chinese Pool Parts Supplier Can't Undo False Ads Verdict

    A Chinese pool parts supplier can't reverse a jury verdict for false advertising and deceptive business practices, a North Carolina federal judge has said, finding the company tried to bring new arguments that weren't raised at trial.

  • March 28, 2025

    Tribe Not Ready For '2nd Bite' In Pipeline Row, Judge Says

    A D.C. federal judge on Friday dismissed a lawsuit by the Standing Rock Sioux Tribe that looked to shut down the Dakota Access Pipeline, saying the litigation was prematurely filed and the precise nature of relief requested by the tribe remains unclear.

  • March 28, 2025

    Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death

    The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."

  • March 28, 2025

    Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension

    In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.

  • March 28, 2025

    Vape Co. Sued Over Burns From Exploding Battery

    A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.

  • March 27, 2025

    Tesla Faces Fraud Claims Over Fatal Autopilot Crash

    A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Fertility Co. Wants To Pull Device Maker Into Negligence Suit 

    A fertility products company wants two other companies to share potential liability from a Connecticut state lawsuit alleging that a recalled culture medium was responsible for the loss of embryos a couple were planning to use for in vitro fertilization.

  • March 27, 2025

    Sikorsky Loses Bid To Move Fatal Crash Suit To Conn.

    Sikorsky Aircraft Corp. can't get a lawsuit over a fatal helicopter crash transferred from Pennsylvania to Connecticut, in part because the crashed helicopter underwent finishing and flight testing at Sikorsky's former facility in the Keystone State, a federal judge has ruled.

  • March 27, 2025

    Senate Panel Grills FAA, Army On DCA Midair Collision

    U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.

  • March 27, 2025

    Barretts Mediator Feinberg Blames Committee For Impasse

    The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."

  • March 27, 2025

    AIG Drops Water Damage Suit Against NFL Player's Contractor

    An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.

  • March 27, 2025

    Feds Allowed To Weigh In On MultiPlan Pricing MDL

    The federal government will be allowed to appear in multidistrict antitrust litigation targeting MultiPlan's out-of-network reimbursement rates to offer input on the legal framework for analyzing claims involving the joint use of algorithms, a practice it says poses "a growing threat" to free market competition.

  • March 27, 2025

    Costco Settles Listeria-Contaminated Chicken Wrap Claims

    Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.

  • March 27, 2025

    Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal

    A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.

  • March 27, 2025

    HHS To Cut 10,000 Jobs As RFK Jr. Reorganizes Agency

    The U.S. Department of Health and Human Services said Thursday that it would lay off 10,000 employees as part of a "dramatic" plan to restructure the agency and downsize its workforce by about 24%.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Supreme Court Skeptical Of Nixing FCC Subsidy Fund

    Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.

  • March 26, 2025

    Pepperidge Farm Can't Outswim Goldfish False Ad Suit

    Pepperidge Farm can't escape a proposed class action alleging it falsely labels its Goldfish crackers as containing no artificial flavors or preservatives, despite citric acid being part of the ingredients list, after a New York federal judge said Wednesday the plaintiff demonstrated the statement could be deceptive to reasonable consumers.  

  • March 26, 2025

    Tesla Can't DQ Calif. Judge Over His Old Firm's Prior Work

    A California federal judge has rejected Tesla Inc.'s bid to disqualify him from an accident case over his prior law firm's work on employment cases against the automaker, saying that aside from that the motion was not brought in time.

  • March 26, 2025

    Big Oil Cos. Must Face Tribal Climate Suits In State Court

    A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.

  • March 26, 2025

    2 Class Actions Over Cannabis Cos.' Product Labels Dropped

    The plaintiffs who were leading two proposed class actions in Illinois federal court alleging that cannabis companies have mislabeled their products to get around Illinois state law have dropped their cases.

  • March 26, 2025

    False COVID Cure Claims No Longer Feds' 'Current Priority'

    The Trump administration has abandoned another case targeting allegedly false claims that an over-the-counter product could treat, or even cure, COVID-19 by dropping its case against a one-man herbal tea operation.

  • March 26, 2025

    Insurers Must Cover $29M Axle Defect Costs, Co. Says

    A successor company to an auto parts manufacturer told a Michigan federal court Wednesday its commercial general liability insurers must help cover nearly $29 million a German company said it lost from faulty axle shafts it purchased and were ultimately installed in certain Dodge Ram pickup trucks.

Expert Analysis

  • What NHTSA's Autonomous Vehicle Proposal Means For Cos.

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    The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • 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.

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