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Product Liability

  • July 17, 2025

    Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption

    An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.

  • July 16, 2025

    Expert Calls Tesla Autopilot Defective For Lack Of Geofencing

    An expert on autonomous systems told jurors Wednesday in a wrongful death suit over a fatal Florida Keys crash that Tesla's autopilot system is defective because the company allows the autopilot to be engaged on roads for which it is explicitly not designed.

  • July 16, 2025

    Hims & Hers Brass Face Suit Over 'Knockoff' Wegovy Sales

    Executives and directors of telehealth company Hims & Hers Health Inc. have been hit with a shareholder derivative suit in California federal court accusing them of allowing the company to exploit its now-terminated partnership with Novo Nordisk to sell "knockoff" versions of Novo's weight loss drug Wegovy,.

  • July 16, 2025

    Penske Tells 5th Circ. To Ax Freight Broker Negligence Case

    Trucking services giant Penske Logistics LLC and an affiliate told the Fifth Circuit on Wednesday that the family of a man killed in a 2018 Texas collision cannot revive their wrongful death suit seeking to hold Penske liable for negligently hiring the unsafe motor carrier that caused the accident.

  • July 16, 2025

    9th Circ. Tosses Atty-Farmer's Suit Over USDA Organic Label

    The Ninth Circuit on Tuesday upheld a U.S. Department of Agriculture rule allowing farm collectives in the U.S. and other countries to be certified as "organic" under one certificate and not inspected annually, tossing an attorney-turned-Oregon hazelnut farmer's suit alleging Turkish growers were defrauding the system.

  • July 16, 2025

    US Fights NY's Bid To Move Climate Superfund Suit Upstate

    The federal government is urging a Southern District of New York judge not to transfer its lawsuit challenging the state's climate change Superfund law to the Northern District, where it would join similar litigation filed by several Republican-led states.

  • July 16, 2025

    Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'

    A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

Expert Analysis

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.

  • Justices' NRC Ruling Raises New Regulatory Questions

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    In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Focusing On Fluoride: From FDA To Class Action

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    A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

  • The Legal Fallout Of The Open Model AI Ecosystem

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    The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

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