Product Liability

  • March 12, 2025

    Pot Co. Wants Ill. THC Potency Suit Tossed

    Vape oil maker Ascend Wellness Holdings Inc. and its affiliates are urging an Illinois federal judge to throw out a suit alleging it mislabels its vape oils as cannabis concentrates, saying the state's cannabis statutes don't allow for private citizens to seek enforcement through lawsuits.

  • March 12, 2025

    Awning Maker, Feds Settling Safety Defect Claim

    A Massachusetts awning manufacturer and the government told a federal judge Tuesday they are finalizing a settlement of civil claims that the company intentionally hid a safety defect that led to injuries and one death.

  • March 11, 2025

    'Paucity' Of Proof Thwarts NC State Law Claims In Gardasil MDL

    A North Carolina federal judge has found that Merck did not violate state law by not including warnings about its Human Papillomavirus vaccine Gardasil, saying there was a "paucity" of evidence that the vaccines cause certain injuries to recipients.

  • March 11, 2025

    Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit

    Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.

  • March 11, 2025

    Girl Scouts Cookies Contain Unsafe Lead Levels Suit Says

    Cookies sold by the Girl Scouts — including the bestselling Thin Mints, Caramel deLites and Peanut Butter Patties — were tainted with heavy metals and pesticides, according to a New York federal lawsuit that leans on independent laboratory testing of the baked goods.

  • March 11, 2025

    Pharmacies To Appeal In Bid To Keep Making Weight Loss Drug

    A group of compounding pharmacies said Monday they would appeal to the Fifth Circuit after a Texas federal judge denied an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug.

  • March 11, 2025

    NTSB Flags Helicopters Near DCA As 'Intolerable Risk'

    The National Transportation Safety Board recommended Tuesday that helicopter flights near Ronald Reagan Washington National Airport be permanently restricted following January's deadly midair collision over the Potomac River, saying helicopter traffic in the vicinity of a key airport runway poses an "intolerable risk to aviation safety."

  • March 11, 2025

    Infant Death Suit Against Target, Cushion Maker Is Settled

    A federal product liability lawsuit against Target and the maker of a recalled infant cushion, blaming the product for the death of a 4-month-old in Connecticut, has been settled, according to a Tuesday order.

  • March 11, 2025

    Zydus Cuts Deal With States, Tribes In Opioid Nuisance Suit

    Zydus Pharmaceuticals Inc. has reached a deal in principle with states and Native American tribes that should quash claims related to the company's alleged role in exasperating the opioid crisis.

  • March 11, 2025

    Eli Lilly Suit Over Compounded Drugs Survives Dismissal

    A Washington federal judge has trimmed Eli Lilly's lawsuit against two Seattle-area clinics and the doctors who run them for allegedly duping consumers into buying copycat versions of its diabetes and weight loss medications Mounjaro and Zepbound, nixing the pharmaceutical giant's consumer protection claim while preserving its trademark infringement and false advertising allegations.

  • March 11, 2025

    Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims

    Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.

  • March 11, 2025

    Vegan Co. Huel Hit With Class Action Over Quality Of Protein

    Vegan meal and supplement company Huel Ltd. misled consumers into thinking its protein powders were made with high-quality protein when in reality it's made with inferior ingredients that can't be digested as easily, according to a proposed class action filed in California federal court by a health-minded San Jose resident.

  • March 11, 2025

    Insurer Says AIG Unit Must Cover Water Contamination Suit

    An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.

  • March 11, 2025

    Dairy Farmers File Class Claims Over 'Defective' Auto-Milker

    Three farming technology companies were hit with proposed class claims in Pennsylvania state court by farmers alleging they deceptively marketed a defective automatic milking system that fell below performance standards, leading to the harm or death of cows in some cases.

  • March 11, 2025

    Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims

    The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.

  • March 11, 2025

    CEO, Staff Charged After Fatal Oxygen Chamber Explosion

    Three people, including the CEO of a treatment center, have been charged with murder in connection with a hyperbaric oxygen chamber explosion that killed a 5-year-old boy, Michigan's attorney general announced Tuesday.

  • March 10, 2025

    EPA Says It Wants To Redo Biden-Era Chemical Risk Rule

    The U.S. Environmental Protection Agency on Monday told the D.C. Circuit it wants to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 10, 2025

    Starbucks Owes Up To $125M For Hot Water Burns, Jury Told

    Starbucks should pay as much as $125 million for permanent disfigurement to a takeout driver that "changed who he is as a person," a jury heard Monday, after finding last week that the coffee giant was to blame for the spill of scalding water.

  • March 10, 2025

    Mercedes Wins In Mich. Trial Over SUV Fire That Killed 2

    A Michigan state jury has sided with automaker Mercedes-Benz in a lawsuit over its GL450, one of which caught fire following a head-on collision, killing a mother and her 9-year-old daughter and leaving a son and father, a former University of Wisconsin basketball coach, with lifelong injuries.

  • March 10, 2025

    Monsanto Says EPA's Roundup Study Sinks $3.5M Verdict

    Bayer AG unit Monsanto has told a Philadelphia appeals court to wipe out a $3.5 million verdict for a cancer patient who blamed Roundup weedkiller for her disease, saying that the U.S. Environmental Protection Agency has found that the product doesn't cause cancer.

  • March 10, 2025

    Kia Hit With Pa. Class Claims Over Engine Defects In 2 Models

    Kia has been hit with a proposed class action in Pennsylvania federal court alleging that the automaker's recall for more than 137,000 Kia Soul and Seltos models from between 2021 and 2023 didn't go far enough to remedy damages felt by vehicle owners over engine issues.

  • March 10, 2025

    Sig Sauer To Appeal $2.3M Accidental Fire Verdict

    Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.

  • March 10, 2025

    FanDuel Slams 'Baseless' Suit From Jaguars Fraudster

    FanDuel is looking to squash a lawsuit filed by a former Jacksonville Jaguars employee jailed for embezzling millions from the team, slamming the man's "baseless" and "farfetched" claims that the online sportsbook preyed on his addiction and enabled his crimes.

  • March 10, 2025

    Ex-Magellan CEO Pleads Guilty Over Faulty Lead Tests

    The former CEO of Magellan Diagnostics Inc. admitted Monday to selling faulty devices that tested blood lead levels, the final of three defendants to plead guilty ahead of a jury trial scheduled for April.

  • March 10, 2025

    Justices Reject Red-State Bid To End State Climate Torts

    The U.S. Supreme Court on Monday refused to consider a request from red states to stop climate change torts against fossil fuel companies brought by blue-state governments.

Expert Analysis

  • 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.

  • Opinion

    IVF Suits Highlight Need For Better Legal Frameworks

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    The high number of in vitro fertilization embryo losses underscores the need for more cohesive legal and regulatory guidance related to human errors, property versus personhood, and liability, says Jeff Korek at Gersowitz Libo.

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