Product Liability

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    Conn. Judge Again Bars Wrongful Death Claims In Cookie Suit

    A Connecticut state court judge has stopped wrongful death claims from proceeding against grocery store chain Stew Leonard's, its CEO and several employees over a professional ballet dancer's allergy death from eating an allegedly mislabeled cookie, reiterating a previous ruling.

  • October 16, 2026

    Florida Says Discord Misled Families On Child Safety

    The Florida attorney general on Thursday sued messaging platform Discord Inc. in state court, accusing it of enabling the sexual abuse of minors with a lack of age-verification measures and safeguards.

  • October 16, 2026

    San Benito Foods Deal Gets Early OK, With Notice Concerns

    A California federal judge has given her initial blessing to a nearly $1 million deal that would end a Monterey Bay-area township's lawsuit against a tomato cannery that claimed the cannery's noxious odors diminished residents' property values.

  • October 16, 2026

    9th Circ. Decertifies Tesla 'Full Self-Driving' False Ad Classes

    The Ninth Circuit on Friday decertified a class action alleging Tesla deceived consumers into believing that its cars could fully drive themselves, saying there's no proof that all class members saw the same purportedly false statement on Tesla's website about its cars' hardware.

  • October 16, 2026

    NCR, Hydropower Cos. Settle Michigan River Cleanup Fight

    NCR Voyix Corp. and two hydropower companies have reached a settlement resolving litigation over whether sediment released during a reservoir drawdown complicated the cleanup of a Michigan Superfund site contaminated by decades of paper mill waste, according to a joint notice filed in Michigan federal court.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    Fla. Court Won't Halt Fatal Crash Suit During Tesla Venue Bid

    A Florida state judge on Friday denied Tesla Inc.'s request to pause proceedings in a fatal crash lawsuit as the company appeals an order blocking transfer to a neighboring county, citing a trial that's tentatively scheduled to commence in a matter of weeks. 

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Baby Food Cos. Get ADHD, Autism Claims Cut From MDL

    A California federal judge granted summary judgment on Wednesday to baby food manufacturers including Gerber and Walmart, ruling that children diagnosed with autism and ADHD had no admissible expert evidence showing that lead and arsenic in the products caused their conditions.

  • October 15, 2026

    Boeing Beats Investment Fund's 737 Max Fraud Suit For Good

    An Illinois federal judge on Thursday permanently dismissed an investment fund's suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying the investment fund has again failed to show it can pursue claims despite never purchasing Boeing shares.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Tesla Says Mass. Fiery Death Crash Suit Has Repetitive Claims

    Tesla is looking to trim a wrongful-death lawsuit filed in Massachusetts federal court by a mother who claims her 20-year-old son burned alive while trapped inside a crashed 2021 Model Y, arguing that half of the claims are duplicative or can't stand independently.

  • October 15, 2026

    OptumHealth Can't Get Out Of PBM Cases In Opioid MDL

    The healthcare delivery arm of UnitedHealth Group's Optum division can't escape bellwether cases alleging pharmacy benefit managers contributed to the opioid epidemic, an Ohio federal judge ruled Thursday, finding a recent Sixth Circuit decision didn't alter the court's jurisdiction over related state-law claims.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Insurer Seeks To Curb Coverage For Talc Co. Asbestos Suits

    An insurer said it owes limited or no coverage to a mineral producer in lawsuits bringing claims of injuries caused by exposure to asbestos in talc that the company mined and distributed, telling a Vermont federal court it has already paid beyond its appropriate pro-rata share of defense and indemnity costs.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

Expert Analysis

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • FTC-Deere Deal Tells Cautionary Tale On Repair Access Limits

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    A recent proposed Federal Trade Commission antitrust settlement in Illinois federal court requires Deere & Co. to provide access to repair services previously available only to authorized dealers, and companies that limit access to aftermarket resources should ensure they can substantiate the reasoning behind any restrictions, say attorneys at Freshfields.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • And Now A Word From The Panel: MDL Judge Selection

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    To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

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