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Product Liability

  • June 10, 2025

    Amazon Can't Fully Escape Waist Trainer Skin Rash Suit

    A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.

  • June 09, 2025

    Boeing Investors Want Class Cert. In 737 Max Fraud Suit

    Investors suing Boeing over claims that the company harmed them by misrepresenting the 737 Max's safety have urged an Illinois federal judge to certify their proposed class, arguing that the case has common enough allegations and a sufficient damages model to warrant the judge's sign-off.

  • June 09, 2025

    Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit

    Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.

  • June 09, 2025

    'No Question' DuPont Polluted Delaware River, NJ Court Told

    New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.

  • June 09, 2025

    Hinshaw Welcomes Insurance Litigator To New Orleans Team

    Hinshaw & Culbertson has added a partner from Baker Donelson Bearman Caldwell & Berkowitz to its global insurance services practice in New Orleans, where she will represent insurance companies and other entities, the 500-lawyer firm announced Monday.

  • June 09, 2025

    Textron Can't Sidestep Plane Crash Case, NC Panel Told

    The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.

  • June 09, 2025

    Tesla Buyers End 'Right To Repair' Monopoly Suit

    Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.

  • June 09, 2025

    Fruits, Veggies Supplement Label Isn't Deceiving, Judge Says

    An Illinois consumer who says Balance of Nature misrepresents its dietary supplements' nutritional value cannot pursue legal claims over the assertion because he's reading too much into the product label, an Illinois federal judge said Monday.

  • June 09, 2025

    Southwest Beats Customers' 737 Max Overcharge Suit

    A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.

  • June 09, 2025

    Feds Argue Koi Nation's Historic Ties Justify Calif. Land Trust

    The Interior Department is looking to dismiss a challenge to its decision to take 70 acres into trust for a proposed tribal hotel and casino project in Sonoma County, California, telling a federal court that the Koi Nation has a significant historical connection to the site.

  • June 09, 2025

    15 States, DC Sue ATF Over Machine Gun Trigger Turnaround

    Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.

  • June 09, 2025

    Sam's Club Sued Over Botulism Death Linked To Potato Soup

    Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.

  • June 06, 2025

    Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal

    R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.

  • June 06, 2025

    LA Fitness Beats DOJ's ADA Suit, For Now

    A California federal judge tossed the U.S. Department of Justice's lawsuit Friday alleging LA Fitness did not accommodate disabled patrons, ruling the government failed to allege a pattern or practice of discrimination or put the gym chain on notice of claims the attorney general determined are of public importance.

  • June 06, 2025

    6th Circ. Sends GM Emissions Fraud Claims Back To Michigan

    The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.

  • June 06, 2025

    Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'

    The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.

  • June 06, 2025

    Kroger-Owned Grocery Escapes Baby Food Metal Claims

    Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.

  • June 06, 2025

    Feds Tee Up Redo Of Vehicle Fuel Economy Standards

    The U.S. Department of Transportation said Friday that vehicle fuel economy standards issued by the Biden administration improperly factored electric vehicles into the calculus, resulting in overly stringent standards that the Trump administration will soon revise.

  • June 06, 2025

    Goldberg Segalla Adds Toxic Torts Expert In NY

    Civil litigation firm Goldberg Segalla LLP has added a trial lawyer who is an expert in complex asbestos litigation, product liability, personal injury and commercial litigation matters to its toxic torts and environmental law group in Garden City, New York.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 05, 2025

    Jeep Maker FCA Can't Send Battery Defect Suit To Arbitration

    A Michigan federal judge on Thursday refused to throw out or send to arbitration a proposed class action accusing automaker FCA US LLC of knowingly selling certain electric vehicles with defective batteries, ruling the Stellantis unit hasn't shown that drivers had sufficient notice of arbitration provisions.

  • June 05, 2025

    Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule

    A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.

  • June 05, 2025

    Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert

    The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.

  • June 05, 2025

    Starbucks Can't Scotch $50M Verdict For Tea-Scorched Driver

    A California judge has affirmed a jury verdict awarding $50 million to a gig economy driver who suffered a severely burned penis after scalding hot tea spilled in his lap due to a Starbucks worker's negligence, saying the verdict was not excessive given his "horrific injuries."

  • June 05, 2025

    Grindr Sued Over Teen's Death, Alleged Negligence In Fla.

    The family of a 16-year-old girl who was allegedly killed and later dismembered by a couple she met through the Grindr dating app has sued the company in Florida federal court, alleging there were no age verification safeguards that prevented the teen from being targeted by sexual predators.

Expert Analysis

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • AV Compliance Is Still A State-By-State Slog — For Now

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    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • What Bisphenol S Prop 65 Listing Will Mean For Industry

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    The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • And Now A Word From The Panel: Ballpark Lessons For MDLs

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    The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • The Fashion Industry Should Prep Now For State PFAS Bans

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    New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

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