Product Liability

  • October 08, 2026

    Amazon Sued Over Child And Woman's Fire Pit Fuel Burns

    A minor and a family friend are suing Amazon.com Inc. in a New Jersey state court, alleging they were severely burned when a defective fueling bottle for a tabletop fire pit experienced "flame jetting" while the fire pit was being refueled.

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 07, 2026

    Florida AG Seeks To Force Meta To Curb Addictive Features

    The Florida attorney general Wednesday asked a state court to compel Meta Platforms Inc. to impose age verification measures and curb addictive features, saying that a recent $17.1 billion settlement with other state attorneys general shows that the social media giant can do so.

  • October 07, 2026

    House, Senate Dems Pitch Plans To Clamp Down On AI Harms

    A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

  • October 07, 2026

    Ill. Widow Sues Over Fatal 'Projectile' Whipped Cream

    Walmart, Sam's Club and an Illinois container company are facing Illinois state wrongful death claims from a widow who claims they sold whipped cream in a defective cannister that exploded after falling from her fridge and contributed to her husband's premature death.

  • October 07, 2026

    JPML Consolidates Nevro, Abbott Spinal Cord Device Suits

    The Judicial Panel on Multidistrict Litigation has created separate MDLs over purportedly defective spinal cord stimulators manufactured by Nevro LLC and Abbott Laboratories, rejecting the manufacturers' arguments that the cases' plaintiffs do not share enough common factual questions to warrant consolidation.

  • October 07, 2026

    Alito Explains Recusal But Says It Shouldn't Become Practice

    U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

  • October 07, 2026

    Zoetis Says Horse Owners Must Abide Deal To End Death Suit

    Zoetis Inc. on Wednesday asked a Pennsylvania federal court to enforce a confidential settlement with the owners of a 3-year-old racehorse that they alleged died after receiving one of Zoetis' antibiotics, saying the plaintiffs can't ignore the agreement and their own counsel.

  • October 07, 2026

    5th Circ. Won't Revive Suit Against Dishwasher Water Rule

    The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.

  • October 07, 2026

    BMW Beats X5 Transmission Defect Suit, For Now

    BMW has defeated for now a proposed class action alleging it knew about a transmission component defect causing some of its cars to jerk and shudder but refused to cover repair costs, with a New Jersey federal judge saying Wednesday the allegations are insufficient to infer BMW knew about any defect.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Vape Group, Makers Want In On FDA E-Cig Enforcement Suit

    A vape industry group and a pair of manufacturers are asking a Maryland federal court to let them intervene on the side of the federal government in a suit by health groups challenging new guidance on enforcement priorities for new tobacco products.

  • October 07, 2026

    Roblox Says Suicide Suit Must Be Arbitrated Or Dismissed

    Roblox Corp. is asking a Kentucky federal judge to send to arbitration a mother's suit alleging her teenage daughter died by suicide as a result of using the platform, saying both the child and her parents repeatedly agreed to an arbitration clause in its terms of service, and that it is immune from liability for third-party content.

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    Roundup Expert Admits EPA Clear On Overall Lack Of Harm

    A toxicologist testifying in the latest Roundup trial acknowledged Tuesday that the U.S. Environmental Protection Agency's exhaustive 2017 review of glyphosate science found that the balance of the evidence didn't support a link between glyphosate and human cancer.

  • October 06, 2026

    Tesla Defect Sparked Garage Fire, Insurer Says

    Tesla Inc. has been hit with product liability claims in Illinois state court by an insurer looking to recoup the money it paid a policyholder whose Model X was deemed a total loss after an electrical defect caused the vehicle to catch file while charging.

  • October 06, 2026

    Travelers Says Silica Exclusions Bar Toxin Suits Coverage

    The insurer Travelers has urged a California federal court to dismiss a case alleging it improperly denied coverage to a tile and slab distributor for more than 450 personal injury and wrongful death suits, saying the policies bar coverage for injuries related to the underlying toxin exposure allegations.

  • October 06, 2026

    7th Circ. Told Boeing Investors Fail 'Comcast' Cert. Test

    The U.S. Chamber of Commerce is among those backing Boeing's call to the Seventh Circuit to overturn class certification in a case accusing the aerospace firm of misleading investors about the safety of its 737 Max fleet, arguing that the certification is dependent on a damages model that the U.S. Supreme Court and Fourth Circuit have rejected.

  • October 06, 2026

    GM Faces Class Claims Over SUV Brake Systems

    Certain 2025 Chevrolet, GMC and Buick vehicles have defective master brake cylinder assemblies that can fail suddenly, causing severe safety hazards, according to a proposed class action brought against General Motors LLC in Pennsylvania federal court Tuesday.

  • October 06, 2026

    'Where's The Quinoa?' Mars Customer's False Ad Suit Asks

    Mars Foods misrepresents that one of its Seeds of Change rice and quinoa products is primarily made with quinoa, when the ingredients list shows quinoa is actually less than 2% of the product, a proposed false advertising class action alleges in California federal court.

  • October 06, 2026

    Quill & Arrow Says Ford Fee Fraud Claims Lack Details

    Quill & Arrow LLP has urged a California federal judge to reject Ford Motor Co.'s lawsuit alleging the personal injury firm saddled it with high-priced legal bills for work purportedly handled by overseas virtual assistants or nonlawyers, saying the automaker offers little evidence to support its rehashed claims.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Texas Justices To Review Law Firms' Paxil Fees Fight

    The Texas Supreme Court has agreed to wade into a battle between two law firms over fees generated from litigation involving the antidepressant Paxil, with the dispute centering on application of the personal injury exemption in the state's anti-SLAPP statute.

  • October 06, 2026

    Kratom Maker Can't Ditch Buyer's Addiction False Ad Suit

    A New York federal judge won't let Mitra-9 Brands LLC escape a suit over its kratom products, saying the complaint sufficiently alleges that it knew about the addictive qualities of those products but didn't warn consumers.

  • October 06, 2026

    Justices Won't Hear Ex-Theranos Exec's Conviction Challenge

    The U.S. Supreme Court has declined to hear an appeal by Ramesh "Sunny" Balwani, former executive of the blood-testing startup Theranos, of his criminal fraud conviction and nearly 13-year prison sentence,

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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