Product Liability

  • May 08, 2026

    Texas Justices Say Nicotine Pouches Taxable As Tobacco

    The Texas Supreme Court on Friday found that oral nicotine pouches are taxable as tobacco products under state law, as they are made from "tobacco substitutes" through a combination of nicotine extracted from tobacco leaves and plant compounds.

  • May 07, 2026

    Proposed Meta Age Reforms Echo Europe Efforts, Judge Told

    An online safety expert testified Thursday that Meta would not be unduly burdened by age-verification reforms New Mexico's attorney general is seeking in a $3.7 billion bench trial over harm to teen users of its social media platforms, given that European regulators in recent weeks announced nearly identical demands.

  • May 07, 2026

    11th Circ. Won't Revive Volkswagen Driver's Oil Leak Suit

    The Eleventh Circuit declined to revive a Volkswagen driver's proposed class action claiming her SUV suffered from a defect that caused it to leak oil, ruling Thursday she hasn't plausibly alleged the issue rendered the vehicle unsafe, considering she drove it more than 57,000 miles two years before the issue emerged.

  • May 07, 2026

    J&J Feared FDA's 'Disturbing Proposal' To Test Talc, Jury Told

    A former U.S. Food and Drug Administration commissioner testifying Thursday in a Los Angeles bellwether trial over claims Johnson & Johnson's talc products caused three women's deadly ovarian cancer described an internal document showing J&J feared the FDA's "disturbing proposal" to test the talc instead of relying on industry self-testing.

  • May 07, 2026

    4th Circ. Questions Class Cert. Ruling In Boeing Investor Case

    The Fourth Circuit indicated on Thursday it may send an investor lawsuit against Boeing back to a lower court for a second look at class certification, with one judge saying the district court "told us nothing" about what liability theory was being relied on to certify the class.

  • May 07, 2026

    $495M Win Upheld In Abbott Baby Formula Bellwether Trial

    A Missouri appellate panel on Tuesday upheld a trial win of $95 million in compensatory damages and $400 million in punitive damages over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.

  • May 07, 2026

    Bayer Sued Over Healthy Sperm Claim On 'One A Day' Pill

    Bayer AG has been hit with a proposed class action in New York federal court alleging that claims on its Men's One A Day Pre-Conception Health Multivitamin supplements misleadingly convey that they could improve chances of conception and support sperm health.

  • May 07, 2026

    Bayer Loses Bid To Undo Class In 'One A Day' Label Suit

    A New York federal judge on Wednesday declined to decertify a class action alleging that Bayer's "One A Day" gummy vitamins deceive consumers about serving sizes, allowing the case to continue since there's evidence that a significant number of consumers could be confused.

  • May 07, 2026

    Vanderbilt Minerals Gets OK For $64M Sale, New DIP Package

    A New York bankruptcy judge Thursday told former talc miner Vanderbilt Minerals it can accept a $64 million bid for its mines and said she will give interim approval for $15 million in new Chapter 11 financing from the buyer.

  • May 07, 2026

    Meta Seeks To Toss LA Jury's Social Media Addiction Verdict

    Meta and its Instagram platform asked a Los Angeles judge to override a landmark jury verdict awarding millions of dollars in damages to a woman claiming she became addicted to the social media site as a child, saying in the alternative they deserve a new trial.

  • May 07, 2026

    Jury Says 3M Not Liable In Texas Explosion

    A Houston jury said Thursday that 3M Co. was not responsible for a 2020 fatal factory explosion, rejecting arguments from a group of business and property owners affected by the blast that the manufacturing giant shared responsibility.

  • May 07, 2026

    Meta Says Section 230 Bars Wash. Driver's Viral Video Claims

    Meta moved Wednesday to exit a Washington state woman's lawsuit claiming she was maligned online after a secret dashcam video of her texting while driving went viral, contending Section 230 of the Communications Decency Act safeguards the social media giant from liability for posts on its Facebook and Instagram platforms.

  • May 07, 2026

    Judge Won't Pause Hawaii Climate Suit For High Court Review

    A Hawaii state judge refused to pause Honolulu's climate change lawsuit against fossil fuel companies while the U.S. Supreme Court deliberates the future of a similar case lodged by Boulder, Colorado, saying the case is not federally preempted.

  • May 07, 2026

    IBM Can't Dodge All PFAS Claims In NY Contamination Suit

    A New York federal judge won't let IBM Corp. entirely out of a suit from the village of Endicott alleging that the computer giant's old headquarters contaminated groundwater with forever chemicals and other pollution, only tossing claims related to one of the three wells at issue.

  • May 07, 2026

    Gilead Accuses Pharmacies Of Selling Counterfeit HIV Drugs

    Gilead Sciences has sued several New York City pharmacies claiming they sold counterfeit HIV medication bearing the Gilead brand.

  • May 06, 2026

    Pa. Panel Greenlights NJ Transit Injury Suit, Citing Galette

    A Pennsylvania appellate panel on Tuesday affirmed the denial of New Jersey Transit Corp.'s bid to exit a passenger injury lawsuit, holding that the recent U.S. Supreme Court ruling in Galette retroactively invalidates the agency's sovereign immunity defense.

  • May 06, 2026

    Meta's Exploitation Reporting Needs Work, NM Judge Told

    An executive for a child protection organization told a New Mexico judge Wednesday that "ongoing quality issues" with Meta's reporting and the use of message encryption have made it harder to deliver actionable reports to law enforcement, as the state seeks $3.7 billion in reforms at the social media company.

  • May 06, 2026

    3M, Small Businesses Make Final Case In Texas Explosion Suit

    A group of businesses affected by a Houston factory explosion told a jury Wednesday during closing arguments that 3M Co. should bear most of the responsibility for the disaster, while the manufacturing giant contends that the now-defunct owner of the factory is to blame.

  • May 06, 2026

    Amazon Sees What You See On Your Fire TV, Users Claim

    Amazon customers claimed in a proposed nationwide class action Wednesday that the e-commerce giant's Fire TV products illegally capture and analyze everything that users see and hear through their devices, including streamed content, personal photos and security camera streams.

  • May 06, 2026

    Calif. Panel Revives Mesothelioma Suit Against Union Carbide

    California appellate justices revived a lawsuit against Union Carbide by a man who alleged he developed mesothelioma years after inhaling asbestos fiber when remodeling his aunt's home, ruling Tuesday that triable factual issues exist whether he was exposed to Hamilton Materials' drywall finishing products containing asbestos fiber supplied by the defendant.

  • May 06, 2026

    'Do Not Use This Report': J&J Hid Asbestos Test, Jury Told

    Johnson & Johnson and a consultant it hired in the 1970s altered the conclusions of tests that found alarming levels of asbestos in the company's talc products before giving different results to the U.S. Food and Drug Administration, a former FDA commissioner told a Los Angeles jury Wednesday.

  • May 06, 2026

    Judge Tosses 'Futile' Leaf EV Fire Risk, Charging Defect Suit

    Nissan has defeated a proposed class action brought by Leaf owners who claimed the electric vehicle's battery contains a defect that makes fast charging a fire risk, with a California federal judge ruling that the drivers failed to show the cars were unsafe and that amending at this point would be "futile."

  • May 06, 2026

    Calif. Tribe Can't Get ATF's Cigarette Sales Decision Tossed

    A Ninth Circuit panel determined Wednesday that federal tobacco regulators acted appropriately when placing the Twenty-Nine Palms Band of Mission Indians on a noncompliance list, concluding the tribe's remote cigarette sales to retailers of other tribes count as "off-reservation" activities covered by California state tax and licensing laws.

  • May 06, 2026

    Goodyear Wants Waiver For Smart Tire Sensor Tech

    The Goodyear Tire and Rubber Co. has some new tire sensors in the works that would provide safety and performance but require special permission from the Federal Communications Commission for the devices to work properly without breaking agency rules.

  • May 06, 2026

    Boeing Says Fund's Revised 737 Max Fraud Suit Still Doomed

    Boeing has urged an Illinois federal judge to permanently toss a securities fraud suit accusing the company of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, reiterating that the Massachusetts-based investment fund cannot pursue claims purportedly assigned to it by a defunct assignor.

Expert Analysis

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • As Justices Mull Suncor, Cos. Face New Climate Suit Realities

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    Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

  • Opinion

    High Court's Hain Ruling Undermines Diversity Jurisdiction

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    The U.S. Supreme Court's most recent decision on the limits of federal jurisdiction, Hain Celestial Group v. Palmquist, further legitimizes the plaintiffs bar's long practice of intentionally pleading around diversity jurisdiction — and could have far-reaching implications for how future product liability and consumer fraud cases are litigated, say attorneys at Patterson Belknap.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • In Hain, Justices Increase Stakes For Jurisdictional Errors

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    The U.S. Supreme Court's decision in Hain Celestial Group v. Palmquist, addressing the consequences of a district court's erroneous dismissal of a nondiverse party before final judgment, has amplified the risk that a mistaken jurisdictional ruling in district court will render moot everything that comes after, says Steven Boranian at Reed Smith.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • When MDLs Drag, State Courts Can Speed Mass Tort Results

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    Understanding the structural dynamics that can delay resolution in multidistrict litigation is essential to understanding why a state court strategy is sometimes not merely attractive, but necessary for plaintiffs seeking timely and just outcomes, say attorneys at DiCello Levitt.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • Leveraging MDLs And State Courts In Mass Tort Strategy

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    Multidistrict litigation's quiet drift from a pretrial coordination device to a de facto national court for mass torts poses a strategic question for plaintiffs counsel — whether an MDL will yield timely trials, meaningful accountability and fair value for clients, or whether a state court strategy will be more effective, say attorneys at DiCello Levitt.

  • PFAS Risks In M&A Amid Litigation, Legislative Developments

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    Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state laws, and potential buyers must find ways to evaluate potential related risks, say attorneys at Debevoise.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

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