Product Liability

  • April 01, 2026

    PBM Opioid Crisis Suit Stays In Federal Court, Judge Says

    A Michigan federal judge on Tuesday denied a request from the state attorney general to remand to state court a suit accusing two pharmacy benefit managers of fueling the opioid crisis, saying the case will remain in federal court because work performed for federal and nonfederal clients cannot be separated.

  • April 01, 2026

    Sig Sauer's 'Feature' Argument Can't Nix Gun Defect Suit

    A Maine federal judge won't let Sig Sauer Inc. evade trial on a detective's claim that he was injured when a defective P320 pistol went off unintentionally, saying its argument that the lack of a safety is a feature rather than a defect is "bravado," but not sufficient for summary judgment.

  • March 31, 2026

    Rats, Vapes And Vodka: Strange But True Cases For April Fool's

    A dead rodent in a burrito bowl delivery, a mix-up with vodka seltzer in the wrong cans and the Toys R Us brand taking on a Connecticut vape shop are among Law360's list of strange cases suitable for April Fool's Day.

  • March 31, 2026

    Fire Shutter Maker Beats Rival's False Ad Suit Over Certification

    A New York federal judge ended a false advertising lawsuit brought by a manufacturer of commercial grade fire shutters that accused a rival of misrepresenting its products as meeting flame and heat testing standards, saying the competitor's marketing was "literally true."

  • March 31, 2026

    P&G Can't Escape Metamucil Lead Claims

    A New York federal judge on Tuesday said that The Procter & Gamble Co. must face a trimmed class action alleging that it falsely claims its Metamucil fiber supplement is healthy despite the presence of lead, finding that the claims aren't barred by federal law.

  • March 31, 2026

    Cruise Ship Cuke Made Passenger Puke, According To Suit

    A Washington woman accused produce supplier Sun Commodities Inc. of providing contaminated cucumbers to her Celebrity Summit cruise ship, alleging that she was hospitalized with a salmonella infection due to eating them in salad during a 2024 voyage.

  • March 31, 2026

    Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

    In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

  • March 31, 2026

    Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

    The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

  • March 31, 2026

    5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

    The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

  • March 31, 2026

    Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

    A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

  • March 31, 2026

    70+ Republicans Ask Justices To Review NY Gun Liability Law

    More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

  • March 30, 2026

    FTC's Meador Eyeing Platform Design In Kids' Safety Reviews

    While the Federal Trade Commission isn't interested in "telling companies how to run their businesses," the agency will continue to police online hazards facing children and adults, including those that may be caused by the way that websites are designed, and could impose more "extreme" remedies when necessary, Republican Commissioner Mark Meador said Monday.

  • March 30, 2026

    5th Circ. Seems Open To Reviving Eyemart Class Action

    A Fifth Circuit panel seemed open to reviving a class action accusing glasses retailer Eyemart Express LLC of selling sensitive personal health information to social media giant Meta, asking Monday why dismissal was appropriate given the complexity of the case.

  • March 30, 2026

    Judge Denies Arbitration Bid In Land Rover Brake Defect Case

    Jaguar Land Rover cannot, for now, push out of court a proposed class action over claims Range Rover brakes have a defect that causes premature wear, a New Jersey federal judge has ruled, possibly giving some credence to the drivers' claims that the arbitration clause was "buried" within the 525-page vehicle handbook.

  • March 30, 2026

    Stumptown Coffee Packaging Blamed For Flight Attendant's Burns

    Stumptown Coffee Corp.'s failure to address a critical flaw in its product packaging for commercial flights caused an "explosion" of scalding hot coffee on an Alaska Airlines plane that left a pregnant flight attendant with permanent scars on her chest, according to a lawsuit filed Friday in Seattle federal court.

  • March 30, 2026

    Penn National Needn't Cover $2.2M Lead-Paint Tort Judgment

    Pennsylvania National Mutual Casualty Insurance Co. has no obligation to cover a $2.2 million judgment won by a man alleging he was exposed to lead-based paint at a Baltimore property where he resided when he was a child, a Maryland federal judge has ruled.

  • March 30, 2026

    Product Liability Q1 Regulatory Roundup

    In the first three months of 2026, executive orders and other regulatory actions by the Trump administration have taken on products with "Made in America" labeling, called for the increased manufacture of the herbicide ingredient glyphosate, and addressed what e-cigarette flavors could receive the U.S. Food and Drug Administration's approval, among others.

  • March 30, 2026

    Kimberly-Clark Slips Conn. Town's 'Speculative' PFAS Claims

    A proposed class action claiming Kimberly-Clark Corp. polluted a Connecticut town's water and soil with toxic "forever chemicals" failed to allege plausible facts tying the contamination or any injuries to the paper goods maker, relying instead on assumptions and guesswork, a federal judge has ruled in dismissing the case.

  • March 30, 2026

    Nearby Polluters Must Face Gowanus Canal Cleanup Suit

    A New York federal judge on Sunday declined to dismiss a lawsuit brought by National Grid seeking to force 40 other parties accused of polluting Brooklyn's Gowanus Canal to pay their share of the Superfund cleanup costs.

  • March 30, 2026

    Expedia Looks To Escape Suit Over Carbon Monoxide Deaths

    Expedia has sought to escape a suit over the carbon monoxide poisoning deaths of three young women at a Belize resort allegedly due to a poorly installed water heater, telling a Massachusetts federal court it had no duty to warn customers about potential dangers at the hotels listed on its website.

  • March 30, 2026

    BNSF Says 9th Circ. Opinion Nixes Montana Asbestos Case

    BNSF Railway Co. asked a Montana federal court Monday to throw out a lawsuit alleging it let dust from asbestos-containing vermiculite accumulate at its rail yard in Libby, Montana, arguing that a recent Ninth Circuit case showed the claims are preempted by federal law and blocked by the common carrier exception.

  • March 30, 2026

    Judge Tosses ESA Challenge Against Nevada Lithium Mine

    A Nevada federal judge says the federal government didn't violate the Endangered Species Act in approving a more than 7,100-acre lithium mining project that conservation groups argue will drive a rare wildflower into extinction, finding the decision was not arbitrary or capricious under recent Supreme Court precedent.

  • March 30, 2026

    Bai Beverage Maker Quenches False Ad Suit Over Sweetener

    Bai Brands permanently defeated a putative class action alleging it deceived consumers into thinking its beverages contained "no artificial sweeteners" despite being sweetened with erythritol, after a New York federal judge found no evidence of how reasonable consumers would define "artificial." 

  • March 30, 2026

    GE Fails To Nix Suit Over Stove Fire From Alleged Defect

    A Pennsylvania federal judge has rejected GE Appliances' request to toss most of a suit alleging that one of its stove ranges was defectively designed and led to a fire when it was accidentally turned on, finding that a jury could reasonably agree with the plaintiff's experts' assessment of events.

  • March 30, 2026

    Kratom Addictiveness 9th Circ. Appeal Dropped

    A group of consumers told the Ninth Circuit on Friday that they were dropping the appeal of a dismissal of their suit over kratom products that they said were as addictive as opioids.

Expert Analysis

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

    Author Photo

    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

    Author Photo

    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

    Author Photo

    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

    Author Photo

    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
    Author Photo

    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

    Author Photo

    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

    Author Photo

    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

    Author Photo

    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

    Author Photo

    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

    Author Photo

    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Quilting Makes Me A Better Lawyer

    Author Photo

    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • What 2 Profs Noticed As Transactional Law Students Used AI

    Author Photo

    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Top Takeaways From Trump's AI Action Plan

    Author Photo

    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

    Author Photo

    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

    Author Photo

    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

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.