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Product Liability
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July 16, 2025
Texas Launches Investigation Into Mars Inc.'s Use Of Dyes
Texas announced Wednesday an investigation into Mars Inc. over its use of artificial dyes in its food products, adding to the state's string of recent investigations into companies for allegedly deceptive marketing relating to their use of dyes in food.
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July 16, 2025
NC Rec Center Immune In Overheating Wrongful Death Suit
A North Carolina state appeals panel on Wednesday cleared a Scotland County recreational center in a suit alleging that its negligence led to the death from overheating of a basketball player, finding that the center is entitled to governmental immunity.
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July 16, 2025
CooperSurgical Wants Conn. Embryo Loss Claims Tossed
CooperSurgical Inc. should not have to face a Connecticut federal lawsuit over embryos lost to its recalled culture medium for in vitro fertilization, the company said in motions to dismiss or pause the litigation based in part on "significant briefing and discovery" in a first-filed case in California.
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July 16, 2025
Gordon Rees Opens Permanent Downtown Cleveland Office
Gordon Rees Scully Mansukhani LLP announced Tuesday the official opening of a permanent office located in Cleveland.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
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July 15, 2025
Biohaven's Drug Prospects Were Overhyped, Suit Says
Biopharmaceutical company Biohaven Ltd. was hit with an investor suit claiming it overstated the odds that two of its product candidates would receive regulatory approval, hurting investors as it announced disappointing results.
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July 15, 2025
Abbott Brass Ignoring Call For Formula Plant Probe, Suit Says
An Abbot shareholder has launched a derivative lawsuit in Illiniois state court accusing the company's leaders of improperly sitting on her demand to investigate a baby formula shortage caused by safety and regulatory violations that she said executives and officers hid from the public.
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July 15, 2025
Internet Provider Can't Duck Conn. Atty's ID Theft Probe
Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.
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July 15, 2025
Calif. Homeowners Win Cert. In State Farm Underpayment Suit
A California federal court certified a class of nearly 200,000 homeowners alleging State Farm systematically underpaid property insurance claims in violation of the state's insurance code, ruling Tuesday that the plaintiffs offered a feasible methodology for calculating damages classwide and demonstrated that class members are identifiable.
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July 15, 2025
Tesla Engineer Says Company Kept Scant Safety Data
Tesla did not document safety statistics of its autopilot system in the early years of its implementation, according to testimony from a Tesla engineer that jurors in Miami heard Tuesday in a trial over a fatal Florida Keys crash.
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July 15, 2025
Ex-Navistar Worker Sues Over Tobacco Health Fee
A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
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July 15, 2025
Monsanto Beats Roundup Suit After Expert Report Failure
Monsanto Co. has defeated a Knoxville, Tennessee, resident's $5 million lawsuit that claimed his 30-year exposure to the herbicide Roundup caused him to develop cancer, after a federal judge ended the litigation due to the man's failure to provide an expert witness supporting his claim.
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July 15, 2025
Roku Attacks Mich. AG's Standing In Child Data Privacy Suit
Michigan's attorney general lacks the authority to assert privacy claims on behalf of millions of Great Lakes State residents, Roku Inc. said Monday in a bid to narrow a lawsuit accusing the streaming platform of illegally collecting and sharing children's data.
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July 15, 2025
11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'
The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Ohio Justices Asked If Product Liability Law Covers Uber, Lyft
An Ohio federal judge has asked the state's Supreme Court to weigh in on whether the Ohio Product Liability Act annuls claims against Uber Technologies Inc. and Lyft Inc. over a car accident involving their apps even though those apps don't fit the definition of a "product."
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July 15, 2025
3rd Circ. Says Risk Of Harm Justifies Disarming Pot User
The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.
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July 14, 2025
Vape Groups Urge 4th Circ. To Stall NC E-Cigarette Law
Vape interests are urging the Fourth Circuit to temporarily stop North Carolina officials from enforcing a law that could prevent the sale of many types of e-cigarettes in the state, claiming the statute was pushed by "Big Tobacco" company Reynolds American Inc. and targets products that help people quit smoking.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Nipple Cover Co., Customer Agree To Drop False Ad Suit
The woman behind a lawsuit accusing Cakes Body LLC of making reusable nipple covers that don't live up to their "grippy, not sticky" representations has quietly dropped her proposed class claims against the company in California federal court.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
Fans Settle With NFL's Commanders In Railing Collapse Suit
NFL fans suing the Washington Commanders for negligence over injuries they sustained from a collapsing stadium rail have reached a settlement with the team following a Fourth Circuit ruling that could have landed the plaintiffs in arbitration.
Expert Analysis
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.