Product Liability

  • July 30, 2026

    Resolution Copper Creates $54M Trust For Ariz., NM Tribes

    Resolution Copper Co. said it established a $54 million trust that will provide annual funding to 11 Indigenous nations that have cultural and ancestral ties to a sacred Arizona worship site that's facing destruction to make way for a multibillion-dollar mining operation.

  • July 30, 2026

    2nd Circ. Revives Decongestant 'Maximum Strength' Claims

    The Second Circuit on Thursday revived claims in multidistrict litigation alleging makers of oral decongestants misled consumers by labeling their products as "maximum strength," while finding the bulk of the remaining claims were preempted by federal regulation.

  • July 30, 2026

    Covidien Hid Mesh Risks, Bellwether Jury Told As Trial Ends

    Counsel for an Alabama man told a Massachusetts federal jury Thursday that Covidien LP failed to adequately warn doctors about the risks of complications from a hernia mesh implant, closing out the first bellwether trial among thousands of cases pending against the Medtronic unit.

  • July 30, 2026

    XAI Can't Unmask Jane Does In Deepfake Suit, Judge Says

    A California federal judge on Thursday declined to order a group of women suing xAI Corp. over Grok-generated deepfakes of them in sexual situations to reveal their identities and allowed them to proceed pseudonymously, finding their fears of threatened harm and retaliation from having to disclose their real names were reasonable.

  • July 30, 2026

    CH Robinson's $604M Verdict Tests Freight Broker Defenses

    A Dallas County jury's $604 million verdict against C.H. Robinson over a fatal 2021 accident marks one of the first major tests of freight brokers' legal strategies since the U.S. Supreme Court reshaped their liability exposure, creating monumental stakes for the trucking industry's middlemen on how to navigate unpredictable duty-of-care standards and volatile verdicts.

  • July 30, 2026

    J&J Pans Talc Claimant's 'Absurd' Bid To Nix $25M Appeal

    In a sharply worded memo, Johnson & Johnson told the Connecticut Appellate Court that it should deny a "nonsensical" dismissal motion from a real estate developer who won a $25 million asbestos-related cancer verdict, defending its appeal of the trial court outcome as timely.

  • July 30, 2026

    Pa. Paraquat, Gov. Shapiro's Neighbors: A Midyear Report

    Mass tort and antitrust cases advanced this year in Pennsylvania, where attorneys await Philadelphia's first paraquat trial and more developments in the class action against the Law School Admissions Council over test fees.

  • July 29, 2026

    Albertsons Pharmacy Work Was 'House Of Cards,' Judge Told

    Albertsons pharmacists in Washington state repeatedly warned supervisors that busy workloads and limited staffing were making it difficult to review prescriptions before filling them, a state judge in Seattle heard Monday, during a bench trial in Washington's case accusing Albertsons and its Safeway subsidiary of fueling the state's opioid crisis.

  • July 29, 2026

    Meta's View Of 'Problematic Use' Has Holes, Ex-Exec Testifies

    A former Facebook safety executive testified Wednesday in Tennessee's trial against Meta over youth mental health that Meta's definition of "problematic use" of apps is deficient and suffers from a lack of data.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    BNSF Reaches Deal Over Ex-Conductor's Post-Injury Firing

    A former conductor has reached a deal with BNSF Railway Co. to end an employment retaliation lawsuit that claims the company wrongfully fired him based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    3M, DuPont Ordered To Face Montana PFAS Lawsuit, For Now

    DuPont de Nemours Inc., 3M Co. and other manufacturers of firefighter turnout gear must for now face a retooled class action complaint by local governments in a dozen states who claim an industrywide conspiracy concealed the dangers of per- and polyfluoroalkyl substances, a Montana federal judge ruled Tuesday.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Delta Can't Knock Out Consumer's Greenwashing Suit

    A California federal judge narrowed a proposed class action accusing Delta Air Lines of overstating its emissions progress and falsely touting itself as the first carbon-neutral airline, denying a bid for injunctive relief but refusing to toss California law claims. 

  • July 29, 2026

    Depo-Provera MDL Gets New Lead Plaintiffs After Settlement

    The Florida federal judge overseeing the multidistrict litigation over a link between brain tumors and the hormonal contraceptive Depo-Provera on Wednesday approved three new pilot plaintiffs for the cases remaining after a global settlement that the judge called an "excellent outcome."

  • July 29, 2026

    Curaleaf Says Pot Suit Is Long On Length But Not Substance

    Cannabis giant Curaleaf Holdings Inc. on Tuesday slammed as "ill-conceived" a proposed class action by consumers who claim the company falsely marketed its products as medical treatments for mental health disorders and physical pain, saying none of the buyers are even medical cannabis patients.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Meta Set For 2027 Trial In Mass. Social Media Addiction Case

    A Massachusetts judge on Wednesday agreed to schedule a jury-waived trial for next May in the state's social media addiction lawsuit against Instagram and its owner, Meta Platforms.

  • July 29, 2026

    DraftKings Offers Sports Bets In Barred States, Suit Alleges

    A proposed class action in Massachusetts federal court accuses DraftKings of conducting sports betting in states that outlaw it, through prediction markets that are accessible through the same app as its sportsbook and daily fantasy sports.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

  • July 29, 2026

    Amicus Briefs Back Decertification In Juul, Altria Antitrust Suit

    The U.S. Chamber of Commerce, 14 states led by Iowa, and legal interest groups are urging the Ninth Circuit to throw out class certification in antitrust litigation against Altria and Juul, joining the companies in arguing that the trial court misapplied California law to apply to other states.

  • July 29, 2026

    Attys Secure $15M Fees In Abbott Formula Shareholder Suit

    An Illinois federal judge on Wednesday approved class counsel's $15.3 million fee request in a shareholder dispute over Abbott Laboratories' management of a 2022 infant formula contamination crisis, satisfied with the elaboration he called for during an earlier settlement fairness hearing.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

Expert Analysis

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

    Author Photo

    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

    Author Photo

    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • The Role Of Operational Data In Tech Platform Liability Suits

    Author Photo

    As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

    Author Photo

    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

    Author Photo

    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What Cos. Should Look For As Minn. Plans PFAS Product Ban

    Author Photo

    As regulators finalize rulemaking for Minnesota's sweeping restrictions on per- and polyfluoroalkyl substances in consumer and commercial products, manufacturers, importers, distributors and retailers should pay attention — especially to how the pathway for essential use exemptions ends up being defined, say attorneys at Alston & Bird.

  • 5 Key Questions Attys Should Ask About Statistical Analyses

    Author Photo

    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • Microplastics On Water Contaminant List Could Spur Claims

    Author Photo

    The U.S. Environmental Protection Agency's proposal to include microplastics in its draft sixth Contaminant Candidate List under the Safe Drinking Water Act could influence consumer fraud claims and enforcement by state attorneys general, as well as claims against manufacturers from entities facing regulatory compliance costs, says Arie Feltman-Frank at Jenner & Block.

  • 'Made In America' EO May Not Survive Section 230

    Author Photo

    President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

  • 7 Mistakes To Avoid When Using Trial Graphics

    Author Photo

    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

    Author Photo

    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

    Author Photo

    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Time To Fix The Accountability Gap In Freight Logistics

    Author Photo

    In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

  • Weighing The Practical Implications Of SC Kids' Privacy Law

    Author Photo

    South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

  • Legal Theories In Social Media Verdicts Hold Clues On Impact

    Author Photo

    Although the two verdicts in cases in New Mexico and California involving Meta and Google are being lumped together, they rest on fundamentally different legal theories, and that distinction determines how their effects may be felt in other jurisdictions, says Mark Morgan at Day Pitney.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Product Liability archive.