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Product Liability

  • June 13, 2025

    DC Circ. Urged To Reject Approval For Braille-Free Drug Label

    Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.

  • June 13, 2025

    Trump's Firing Of CPSC Commissioners Ruled Illegal

    A Maryland judge ruled Friday that the removal of three U.S. Consumer Product Safety Commission commissioners by President Donald Trump was unlawful, finding a 1935 U.S. Supreme Court ruling that protected a Federal Trade Commission member from removal applies to the members of the CPSC. 

  • June 13, 2025

    Chervon, Lowe's Say Recall Blocks Explosive Battery Suit

    Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.

  • June 13, 2025

    Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit

    The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.

  • June 12, 2025

    Air India Crash — Boeing 787 Dreamliner: What Do We Know?

    The Boeing Co. is bracing for renewed scrutiny after Thursday's deadly crash of an Air India flight with 242 people onboard as another line of its jets — this time, its 787-8 Dreamliner — is involved in an overseas aviation disaster just as the company was eyeing a fresh chapter following its 737 Max crisis.

  • June 12, 2025

    'I Want Names': YouTube Attys' MDL Redactions Face Scrutiny

    A California federal magistrate judge ordered YouTube on Thursday to provide him with unredacted versions of documents it produced in sprawling multidistrict litigation over claims social media is addictive, and demanded that YouTube identify counsel who made its relevance-redaction determinations, saying. "I want names and I want teams."

  • June 12, 2025

    Roundup Plaintiffs' Rip Of Expert Was Off Base, Jury Hears

    A Missouri jury weighing a Roundup cancer case heard expert testimony Thursday that plaintiffs offered a "remarkable mischaracterization" of a defense expert witness on cancer causation when they said in openings that he was "discredited."

  • June 12, 2025

    Volkswagen Beats SUV Owner's Out-Of-Warranty Defect Suit

    An Alabama federal judge on Wednesday tossed a Volkswagen owner's putative class action accusing the automaker of refusing to cover her allegedly defective SUV under warranty, saying the driver sought repairs outside of warranty limits and failed to show that the vehicle was so unsafe that it was defective.

  • June 12, 2025

    Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work

    Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.

  • June 12, 2025

    Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia

    A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.

  • June 12, 2025

    Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits

    An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.

  • June 12, 2025

    GlaxoSmithKline Settles Conn. Generic Zantac Suits

    GlaxoSmithKline on Thursday agreed to settle two Connecticut lawsuits, one by seven plaintiffs and the other by 11, that claimed generic forms of the brand name heartburn and acid reflux drug Zantac degraded into a substance that caused cancer.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • June 12, 2025

    Hemp Retailer Sues DC, Feds Over District's Cannabis Policy

    A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.

  • June 12, 2025

    8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

    The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.

  • June 12, 2025

    Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid

    A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.

  • June 12, 2025

    Approach The Bench: Judge Proctor On Civility, Civil Rules

    R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.

  • June 11, 2025

    9th Circ. Doubts Kleenex Ad Fight Belongs In District Court

    Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.

  • June 11, 2025

    Acura Drivers' Attys Get $8.5M In Bluetooth Device Settlement

    A California federal judge has granted final approval to a deal between a class of Acura drivers and American Honda Motor Co., settling claims over alleged defects in vehicles' Bluetooth hands-free systems and awarding class counsel $8.56 million in attorney fees — an amount reduced from the attorneys' original $10.9 million request.

  • June 11, 2025

    Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities

    President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.

  • June 11, 2025

    Wash. Panel Grills Worker Family On $5M Asbestos Win Basis

    A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.

  • June 11, 2025

    9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal

    A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."

  • June 11, 2025

    American Airlines Workers Win $18.7M Toxic Uniform Award

    A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    Paddle Maker Wants Counterclaims Tossed In Contract Row

    Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.

Expert Analysis

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Liability Risk For AI In Medical Devices Demands Greater Care

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    As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

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