Product Liability

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 03, 2026

    Up First At High Court: Climate Torts & Munitions Disposal

    The U.S. Supreme Court will begin its new term on Monday, when the justices consider whether state courts have the authority to hear climate change lawsuits that seek to hold fossil fuel companies liable for local damages caused by greenhouse-gas emissions and whether federal courts can hear constitutional challenges to veterans benefits laws.

  • October 02, 2026

    Uber Settles Bellwether In Sex Assault MDL Before Trial

    Uber Technologies Inc. settled with a Texas woman just ahead of opening statements in the third scheduled bellwether trial in multidistrict litigation over alleged sexual assaults by the ride-hailing company's drivers, her attorneys announced Friday.

  • October 02, 2026

    PACCAR Can't Nix Drivers' Faulty Diesel Engine Warranty Suit

    A Washington federal judge ordered PACCAR Inc. to face a proposed class action alleging it sold faulty diesel engines, rejecting its Clean Air Act preemption defense and ruling that the suit plausibly pleads claims that the alleged defects breached the engine warranty. 

  • October 02, 2026

    Costco 'Health Washing' Electrolyte Drink Mix, Customer Says

    Costco has been accused in Washington federal court of illegally "health-washing" its variety pack of Kirkland brand electrolyte drink mix by labeling the product as though it's sugar-free despite containing an ingredient federal and state labeling standards consider a sugar.

  • October 02, 2026

    NJ County Files Latest Climate Risk Suit Against Big Oil

    ExxonMobil, BP, Chevron and others owe hundreds of millions of dollars for environmental disasters caused by fossil fuels, a New Jersey county claimed in the latest suit accusing the oil giants of concealing the climate change risks purportedly posed by their operations.

  • October 02, 2026

    Dunkin' Sued Over Allulose In 'Zero Sugar' Energy Drinks

    The owner of Dunkin' faces a proposed class action claiming its "zero-sugar" energy drink is deceptively marketed and actually contains "a rare sugar," according to a complaint filed in Massachusetts federal court.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    Mercedes-Benz Beats Class Cert. Bid In Piston Defect Suit

    A California federal judge denied class certification to Mercedes-Benz customers who allege the automaker failed to disclose a major piston defect in certain vehicles, saying issues common to the proposed class as a whole don't predominate over issues that affect only individual members.

  • October 02, 2026

    Bell Sports, AIG Unit Settle Helmet Defect Coverage Dispute

    A motorcycle helmet company and an AIG-affiliated insurance company have resolved a lawsuit filed in California federal court over coverage stemming from claims of defects that allegedly caused a helmet to fly off a rider's head during a collision, according to court documents.

  • October 02, 2026

    Meet The Attys Arguing Colo. Climate Tort At The High Court

    U.S. Supreme Court oral arguments over the future of climate change torts against energy companies on Monday will feature a trio of attorneys who have spent plenty of time at the high court's lectern. Here's who will be arguing for or against letting the city and county of Boulder, Colorado's climate lawsuit against ExxonMobil and Suncor Energy proceed in state court.

  • October 02, 2026

    Millie Moon Diapers Cause Skin Rash And Leaks, Buyers Say

    Zuru's Millie Moon luxury baby diapers suffer from a defect that causes them to leak and contribute to skin peeling, rashes and burn-like injuries, despite being advertised as being "dermatologically tested," and having "12 hour absorbency", alleges a consumer protection proposed class action filed Thursday in California federal court.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    CH Robinson CLO Talks Montgomery, Dallas Verdict Impacts

    Nearly five months after the U.S. Supreme Court delivered its pivotal ruling reshaping freight brokers' liability exposure, C.H. Robinson Worldwide Inc. said lingering uncertainty over protracted litigation and volatile verdicts will upend the U.S. supply chain without some intervention by regulators or Congress.

  • October 02, 2026

    Century Surety Escapes Vape Battery Injury Coverage Suit

    An Alabama federal judge said Century Surety Co. has no duty to indemnify or defend a smoke shop being sued by a customer burned by a vape pen battery that caught fire in his pocket because the incident didn't take place at one of the retailer's locations.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    Calif. AG Latest To Subpoena OpenAI Over Hacking Risks

    California Attorney General Rob Bonta revealed Thursday that he has served an investigative subpoena on OpenAI as part of his office's broader probe into cybersecurity risks posed by the company's artificial intelligence models, including a recent incident where its autonomous AI agents hacked third-party platform Hugging Face. 

  • October 01, 2026

    Quince Gets Williams Sonoma's False Ad Suit Axed For Now

    A California federal judge threw out Williams-Sonoma Inc.'s lawsuit accusing online retailer Quince of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, though the judge gave Williams Sonoma the opportunity to take another stab at its complaint.

  • October 01, 2026

    DuPont, Corteva Accused Of $40B PFAS Asset Shielding

    The company formerly known as DuPont and its parent Corteva Inc. were sued in Indiana state court Thursday by 15 states and Guam alleging a newly completed seeds business spinoff is nothing more than an illegal effort to place $40 billion in assets beyond the reach of creditors pursuing forever chemicals claims.

  • October 01, 2026

    Judge Should Penalize Meta $40B In Latest Trial, NM Argues

    The state of New Mexico asked a judge Thursday to penalize Meta $35 billion to $40 billion for statements that a jury found grossly misrepresented the social media giant's actual data privacy practices, while Meta argued no harm was proven and the damages should be in the $345 million to $3.45 billion range.

  • October 01, 2026

    Classes Certified In Ford Diesel Fuel Pump Suit

    A Michigan federal judge has certified classes of truck owners in five states who allege that defective fuel pumps in Ford Motor Co.'s diesel trucks can suddenly fail and cost more than $10,000 in repairs, and, despite trimming some claims, also denied Ford judgment on the core causation issue in the case. 

  • October 01, 2026

    NFL Concussion Claims Constitute Separate Occurrences

    A New York appeals court held Thursday that concussion-related injury claims brought by former professional football players should be treated as separate occurrences under the NFL's insurance policies, thus implicating coverage under a primary policy but not a fifth-layer excess policy.

  • October 01, 2026

    SmartSweets Sued Over Artificial Citric Acid In 'Natural' Candy

    A New York woman is suing SmartSweets Inc. in New York federal court, alleging its "better-for-you" candy, which is marketed as having no artificial flavors, contains artificial citric acid, deceiving consumers.

  • October 01, 2026

    Diageo Beats Tequila Purity Suit Due To Sparse Testing

    Global liquor giant Diageo North America Inc. has defeated claims that it falsely labeled tequilas Casamigos and Don Julio as 100% agave after a New York federal judge said the plaintiff consumers failed to show the alleged adulteration was widespread or found within their bottles.

Expert Analysis

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • How Cos. Can Avoid Infant Product False Advertising Suits

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    As lawsuits proliferate over products marketed for infant use and sold at a premium that are identical to cheaper general-use products, manufacturers should review related product lines, and scrutinize contextual cues that may contribute to the overall message received by consumers, say attorneys at Chamberlain Hrdlicka.

  • Meta Deal Highlights Advisory Jury Issues, Litigation Risk

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    The $17 billion settlement of youth safety claims brought against Meta offers lessons for all consumer-facing companies because the court made the rare move of empaneling an advisory jury and the case was built on what the company learned from its own studies, says Mark Morgan at McCarter & English.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Retailers Must Navigate State Innocent-Seller Law Patchwork

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    States' innocent-seller statutes can shield nonmanufacturing retailers from product liability claims to varying degrees, and by building the evidentiary record strategically throughout discovery, companies can improve their chances of obtaining summary judgment — but it is essential to stay abreast of the rapidly evolving policy environment, say attorneys at Chamberlain Hrdlicka.

  • State AI Safety Laws Raise New Liabilities For Healthcare Cos.

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    Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • FDA Closeout Letter Suggests Relaxing Stance On Wearables

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    The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

  • How Rogue AI May Shape Corporate Liability, Responsibility

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    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

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