Product Liability

  • July 23, 2026

    CGL Cases To Watch In The 2nd Half Of 2026

    Heading into the back half of 2026, insurance attorneys can expect federal and state courts to interpret how general liability policy language applies to some of the industry's biggest emerging risks. Law360 Insurance Authority breaks down three CGL-related cases.

  • July 23, 2026

    Target Sold Baby Formula That Caused Botulism, Parents Say

    Two parents claim their baby came down with infant botulism after drinking tainted whole milk powdered formula sold by Target and formula-maker Nara Organics, which later recalled the product amid an outbreak that sickened at least three other children, according to a lawsuit filed Thursday in Washington federal court.

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    Ford Can't Ditch Bulk Of F-150 Oil Guzzling Defect Suit

    A Michigan federal judge won't let Ford Motor Co. escape a proposed class action alleging its F-150 vehicles shipped with an engine defect causing excessive oil consumption, finding there is enough evidence to show that Ford was aware of the defect and failed to disclose it to buyers.

  • July 23, 2026

    J&J's Delays Should End $25M Asbestos Appeal, Builder Says

    A western Massachusetts real estate developer has asked a Connecticut appeals court to toss Johnson & Johnson's appeal of a $25 million asbestos cancer verdict in his favor, saying the company has yet to file an opening brief despite receiving five deadline extensions.

  • July 22, 2026

    J&J Talc Plaintiffs Must Back Up Cancer Link Or Risk MDL

    Plaintiffs alleging Johnson & Johnson's talcum powder products caused ovarian cancer must show they can offer expert opinions on the link between the disease and talc use or risk having their lawsuits tossed, a New Jersey federal judge ruled Wednesday.

  • July 22, 2026

    Teen Drops Meta Mental Health Suit Ahead Of Bellwether Trial

    A Florida teenager on Wednesday withdrew his suit claiming that Meta Platforms Inc.'s social media products harm young users' mental health, walking away from the litigation five days before his bellwether trial was set to kick off in Los Angeles.

  • July 22, 2026

    Amazon's Deal To End Gambling Suit Draws App Makers' Ire

    Developers of casino-style mobile apps sought to intervene Wednesday in Amazon's tentative deal to end consumers' proposed class action accusing the platform of enabling illegal online gambling, arguing that the settlement would leave the developers on the hook for $140 million while forcing Amazon to pay just $2.5 million.

  • July 22, 2026

    Fla. Pastor Sues OpenAI Over ChatGPT Health Advice

    A Florida pastor has sued OpenAI in California state court alleging that ChatGPT gave him dangerous and inaccurate medical advice, often couched with spiritual guidance, causing him to delay care until he suffered a massive pulmonary embolism.

  • July 22, 2026

    States Seek Win Over Trump Admin In DEI Contracts Dispute

    Nineteen states and the District of Columbia are urging a Maryland federal judge to vacate federal agencies' implementation of President Donald Trump's executive order requiring government contractors to agree that they won't engage in "racially discriminatory" diversity, equity and inclusion activities.

  • July 22, 2026

    Kratom Cos. Must Face Conn. OD Liability Claims, Father Says

    The makers of the Whole Herbs brand of kratom products shouldn't be allowed to trim a lawsuit claiming it's partially liable for the overdose death of a 33-year-old man, the man's father has told a Connecticut state court, saying his suit sufficiently pled all claims and that "there is no such thing as 'good kratom.'"

  • July 22, 2026

    RI Guardrail Builder Sued Over Conn. Woman's Fatal Crash

    A Rhode Island construction contractor installed defective and "unreasonably dangerous" guardrails on Interstate 95 in Connecticut, which caused a 34-year-old woman to die in a collision and car fire, her estate said in a wrongful death lawsuit filed in Connecticut state court Monday.

  • July 22, 2026

    Insurer Sanctioned For Destroying Opioid Coverage Evidence

    An Illinois federal court Wednesday sanctioned an insurer in a drug wholesaler's suit seeking coverage for underlying opioid litigation, finding that the carrier intentionally destroyed key emails and underwriting records in order to deprive the wholesaler of that information.

  • July 22, 2026

    Altria, Juul Ask 9th Circ. To Nix Antitrust Classes

    Altria and Juul are urging the Ninth Circuit to undo a class certification ruling in an antitrust case over Altria's past investment in the e-cigarette maker, saying the classes include disparate groups of purchasers from across the country.

  • July 22, 2026

    Cessna Maker Wants Cockpit Recording For Fatal Crash Case

    Textron Aviation Inc. wants a Connecticut state judge to order the National Transportation Safety Board to release a two-hour-long cockpit voice recording from a Cessna airplane that crashed into an industrial campus shortly after takeoff, saying the full recording is necessary for fair trials in wrongful death and insurance disputes.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    Truck Bound By Pact Not To Sue Arbitrator, NY Judge Says

    A New York federal judge refused to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims, ruling that Truck Insurance Exchange's lawsuit is barred under a "hold harmless" pact it inked with the counterparty, a group of foreign reinsurers.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    Nike's Discounts Based On Phony Reference Prices, Suit Says

    Nike was slapped with a proposed class action in California federal court on Tuesday that accuses it of hawking bogus discounts and savings on footwear and other goods sold online by displaying reference prices that don't reflect the actual prevailing market prices. 

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    Norfolk Southern Sued Over Worker's Lung Cancer Diagnosis

    A former track laborer claims Norfolk Southern caused his lung cancer after exposing him to carcinogenic chemicals, including benzene, for decades, according to a Pennsylvania state court lawsuit that could be "the first in a wave" filed by former railroad workers, plaintiffs' counsel said.

  • July 21, 2026

    18 State AGs Sue EPA Over Hydrofluorocarbons Rollback

    Eighteen Democratic attorneys general and the city of New York filed a petition with the D.C. Circuit Tuesday over a U.S. Environmental Protection Agency rule they argue will weaken federal limits on hydrofluorocarbons, which are refrigerants used in air conditioning and cooling systems.

  • July 21, 2026

    High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

    California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

Expert Analysis

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Leveraging AI In MDL Discovery And Case Management

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    Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

  • Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

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    A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

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