Product Liability

  • August 28, 2026

    NJ Says TikTok Is Withholding Key Child Usage Data

    New Jersey urged a state judge to force TikTok to hand over detailed user engagement data the state said was essential in proving that the platform's design harmed children, accusing the company of months of evasive answers, shifting explanations and contradictory statements about whether the information even exists.

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    Medical Marijuana Industry Grapples With DEA's New Role

    After years of allowing the state-sanctioned medical marijuana industry to operate without interference, the U.S. Drug Enforcement Administration is stepping in to regulate a drug it once treated exclusively as contraband, but attorneys and regulators say the cannabis industry's interactions with the agency are off to a rocky start.

  • August 28, 2026

    Mazda Driver Avoids Sanctions In Oil-Burning Defect Suit

    A North Carolina federal judge has refused to sanction a Mazda driver and his attorneys for their attempt to revive a proposed class action over an alleged oil‑burning defect, finding the effort unlikely to succeed but not improper.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

    Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

  • August 27, 2026

    Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

    Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

  • August 27, 2026

    Colo. Pro Racer Says Botched Mold Cleanup Shut Down Shop

    A professional race car driver in Denver, Colorado, accused several companies Thursday of failing to address mold and asbestos contamination that eventually shut down his auto shop, canceled a commercial shoot and caused him an estimated loss of more than $2.9 million.

  • August 27, 2026

    VW Can't Toss Claims Audi E-Tron Batteries Are 'Time Bombs'

    A Georgia federal judge refused to dismiss a proposed class action Thursday accusing Volkswagen Group of America Inc. of concealing and failing to adequately repair an alleged defect in the high-voltage batteries of certain Audi electric vehicles, keeping alive claims the autos are "ticking time bombs" that can lose power, short-circuit and catch fire.

  • August 27, 2026

    Mead Johnson Nutrition Head Defends Formula In MDL Trial

    Mead Johnson's head of nutrition testified Thursday in a trial over whether its preterm infant formula led to a newborn's serious and ultimately fatal gut illness, saying she had no reasons to worry about the product's safety but acknowledging it carries a higher risk for the disease than human breast milk.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    AG Says Florida Won't Take Part In Meta's 'Weak' $17B Deal

    Florida will take no part in Meta's $17 billion social media addiction settlement, according to state Attorney General James Uthmeier, who has slammed the sum as "weak" and said the Sunshine State will not be bought off for "pennies on the dollar."

  • August 27, 2026

    Biz Group Urges 11th Circ. To Toss $243M Tesla Crash Verdict

    A trade association of product manufacturers has told the Eleventh Circuit that a $243 million verdict against Tesla over a fatal crash involving Autopilot technology should be reversed, saying letting the verdict stand would improperly punish automakers failing to prevent reckless driver behavior.

  • August 27, 2026

    Ukrainians Still Can't Tie Cos. To Russian Missiles, TI Says

    Several semiconductor manufacturers, including Mouser Electronics Inc. and Texas Instruments Inc., asked a Texas federal court to throw out claims brought by Ukrainian civilians alleging the companies' parts ended up in Russian missiles, saying the civilians failed to cure defects in their pleadings.

  • August 27, 2026

    Lack Of Reliance Dooms Uponor Leaky Pipes Class Action

    A California federal judge has thrown out a proposed class action alleging Uponor Inc.'s plastic pipes were defective and prone to leaking, saying the homeowner plaintiffs failed to establish that they relied on or could have relied on any misrepresentations allegedly made by the company.

  • August 27, 2026

    Boeing Says Bid To Depose Ex-Exec In 737 Suit Is Off Base

    The Boeing Co. is urging a Washington federal judge to toss a motion by Norwegian Air subsidiaries to depose a former senior executive in a suit over their purchase of 737 Max airplanes, saying it has no control over him, and he wouldn't have unique information relevant to the case anyway.

  • August 27, 2026

    Kratom Group Says DEA Order Could Snare Natural Wares

    A kratom trade group has asked a D.C. federal judge to find that a recent U.S. Drug Enforcement Administration rule change targeting certain kratom-derived compounds should not apply when those compounds naturally occur in the kratom leaf.

  • August 27, 2026

    Rising Star: Sidley's Morgan Branch

    Morgan Branch of Sidley Austin LLP helped defend Kraft Heinz in groundbreaking "ultraprocessed foods" litigation and Bayer in high-stakes litigation over a contraceptive device, earning her a spot among the product liability law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 27, 2026

    Uber Beats Defamation Claims In Philly RICO Fight

    A Pennsylvania federal judge on Thursday tossed Philadelphia personal injury firm Simon & Simon PC's counterclaim accusing Uber and FedEx of sham litigation, extortion and abuse of process in response to the companies' ongoing RICO lawsuit against the firm.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    Oil Cos. Insist High Court Must End Colo. Climate Suit

    Exxon and Suncor Energy argued Wednesday in their latest brief urging the U.S. Supreme Court to end the city and county of Boulder, Colorado's climate change tort lawsuit against them that allowing the case to proceed would set a precedent that juries can make decisions on energy policy.

  • August 26, 2026

    Amazon Fatal Crash Suit Axed Over Diversity Gaps, For Now

    A Texas federal judge on Wednesday tossed a suit against Amazon entities and others in litigation over a fatal vehicle crash involving an Amazon-owned trailer, saying the court was not provided with the evidence to determine if it has jurisdiction over the claims.

  • August 26, 2026

    Norfolk Southern Says Precedent Undermines Derailment Suit

    Norfolk Southern urged a Georgia federal judge Wednesday to deny class treatment to investors who allege they were deceived about the company's safety operations before a fiery train derailment in Ohio in 2023, arguing U.S. Supreme Court precedent undercut the argument that the rail carrier's share price was unlawfully inflated.

  • August 26, 2026

    Groups Ask Congress To Reject Idaho Toxic Waste Land Swap

    The Center for Biological Diversity, Snake River Waterkeeper and ManaSota-88 Inc. urged Congress on Wednesday to remove a provision from the National Defense Authorization Act that the center says would "cede historic lands of the Shoshone-Bannock Tribes in Idaho to expand a radioactive waste dump at one of the country's largest Superfund sites."

  • August 26, 2026

    X Loses Challenge To NY Social Media Disclosure Law

    New York's law requiring social media companies to divulge details of their content-moderation policies does not run afoul of the First Amendment, a federal judge ruled Wednesday, throwing out X Corp.'s challenge seeking to block enforcement of the measure.

Expert Analysis

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

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    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • How Cos. Can Prep For Ultra-Processed Food Legal Risks

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    A wave of litigation and government scrutiny directed against ultra-processed foods is now gaining momentum, following patterns seen previously in other industries — and food companies that recognize those patterns early will be better positioned to manage the increasing risks, say attorneys at Arnold & Porter.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • What Durnell Ruling Means For Mo. Roundup Settlement

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    While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

  • Generative AI Is Reshaping The Defense Of Complex Litigation

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    Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams with legal research and drafting, fact witness development, and expert witness strategy, say attorneys at Arnold & Porter.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • 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.

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