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Strict Product Liability

Cozen O'Connor

Florida AG Sues OpenAI Over ChatGPT Safety Claims

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Florida AG James Uthmeier sued OpenAI and CEO Sam Altman, asserting consumer-protection, product liability, and tort claims over allegations that ChatGPT was marketed as safe and reliable while concealing risks to minors and...more

Searcy Denney Scarola Barnhart & Shipley

Damages in Defective Drug Cases: Understanding the Value of Your Claim

Defective drugs can cause serious complications that can have major (and, in some cases, life-changing) impacts on patients’ lives. As a result, if you have been harmed by a defective drug, it will be critical to ensure that...more

Husch Blackwell LLP

Gilead Tenofovir “Alternative Product” Duty at the CA Supreme Court: What It Means for Manufacturers

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A California Court of Appeal decision recognizing an unusual and potentially far-reaching negligence duty for product manufacturers is now before the California Supreme Court. In the Gilead Tenofovir Cases, the Court held...more

Searcy Denney Scarola Barnhart & Shipley

If I Received a Defective Medical Device, How Do I Prove It?

Receiving a defective medical device can have major consequences. Serious infections, internal injuries, and the need for revision or replacement surgery are all very real risks....more

Husch Blackwell LLP

No Upgrades Required: Texas Shields Lessors from Retrofit Claims

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Texas made a targeted amendment to one of its key products liability statutes governing the rental and leasing of motor vehicles. The Texas Legislature recently amended Section 82.009 of the Texas Civil Practice and Remedies...more

Mayer Brown

The Emerging Kratom Litigation Landscape and Implications for Similarly Situated Manufacturers

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Described by the Food and Drug Administration (FDA) as “another wave of the opioid epidemic,” a rapidly expanding surge of wrongful death and product liability lawsuits is targeting manufacturers, distributors, and retailers...more

Cranfill Sumner LLP

What Aviation Claims Professionals Are Watching Right Now

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Aviation claims professionals are navigating an increasingly complex environment shaped by evolving regulations, advancing technology, and heightened expectations for early investigation and coordinated response. Mica Nguyen...more

White and Williams LLP

Defect Required: Court Dismisses Candle Fire Product Liability Claims for Lack of Proof

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A recent decision from the United States District Court for the Eastern District of Pennsylvania reinforced a fundamental requirement in product liability cases that can sometimes be overlooked: proving the product was...more

Goldberg Segalla

Appellate Court Upholds Monsanto Victory, Citing Plaintiff’s Evidentiary Failures

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On April 29, 2026, the California Sixth Appellate District unanimously affirmed a 2023 defense judgement issued by the trial court in the case of Jones v. Monsanto Co. in which the plaintiff, Bruce Jones, alleged that...more

Faegre Drinker Biddle & Reath LLP

Interplay Between Statutes of Repose and Statutes of Limitations in Latent Disease Exposure Claims

As toxic tort claims alleging chronic illness from alleged chemical exposure continue to rise nationwide, the recent Kansas federal court decision in Jefferies v. Harcros Chemicals Inc., 2026 WL 958172, (April 9, 2026),...more

Bergeson & Campbell, P.C.

Supreme Court Grapples with Roundup®, Federal Preemption, and the Limits of EPA Authority

On April 27, 2026, the U.S. Supreme Court heard oral argument in Monsanto Company v. Durnell, a closely watched case that could reshape the intersection of federal pesticide regulation and state tort law. At issue is whether...more

Husch Blackwell LLP

D.C. Court of Appeals Strikes Down 10-Round Magazine Limit: What It Means for Product Liability Defenses

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The D.C. Court of Appeals recently granted rehearing en banc in this case, which vacated the March 5, 2026 panel decision described below. The case will be reargued before the full court, and the analysis in this post...more

Goldberg Segalla

Turbine Manufacturer’s Summary Judgment Overturned, Duty Not Required Element in Take-home Exposure

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(EDITOR’S NOTE: The D.C. Court of Appeals asked the Supreme Court of Maryland to answer the following question.) “Under Maryland law, in a strict liability design defect claim, must a plaintiff who alleges that she was...more

Segal McCambridge

Product Liability in the Cannabis Industry: Lessons from Canada and What U.S. Operators Should Expect After the 2025 Rescheduling...

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On December 18, 2025, President Donald Trump signed Executive Order 14370, directing the Attorney General to expedite the long-stalled rulemaking process to reschedule marijuana from Schedule I to Schedule III under the...more

White & Case LLP

AI meets the gavel: Key legal battles and regulatory trends in the United States

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As generative artificial intelligence (“GenAI”) continues to be rapidly adopted by individuals and organizations across a wide range of industries, courts are seeing a corresponding surge in legal disputes arising from its...more

Hogan Lovells

Hidden gaps: Business risks your insurance may not cover

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Commercial insurance programmes are not always as comprehensive as policyholders assume. Certain categories of risk are routinely excluded or only partially addressed by standard policy wordings. This article considers three...more

Herbert Smith Freehills Kramer

Class Actions against UK Listed Companies

Class action litigation has become increasingly prominent in the English courts in the past decade, with claims increasing in size and value. Significant risk areas include securities class actions, Environmental, Social, and...more

Searcy Denney Scarola Barnhart & Shipley

10 Dangerous Drug Cases in 2026: Are You Eligible to Join?

Dangerous drugs are far more common than they should be. While pharmaceutical companies have a legal duty to ensure that their drugs are safe for use as marketed, numerous patients suffer serious complications caused by...more

Husch Blackwell LLP

Kentucky Supreme Court Affirms Duty to Prevent Take Home Exposures in Asbestos Claims in Schneider Electric USA, Inc. v. Williams

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On March 19, 2026, the Supreme Court of Kentucky issued its decision in Schneider Electric USA, Inc. v. Williams, affirming the duty to prevent take home exposure in asbestos claims on summary judgment. The case arises...more

Faegre Drinker Biddle & Reath LLP

Instruction Malfunction: Pennsylvania Superior Court Vacates $1B Verdict Due to Faulty Jury Instructions

Preserving objections to jury instructions can be the difference between paying a significant judgment or making a plaintiff prove their case again at trial. In October 2023, a Philadelphia jury handed down a mammoth...more

K&L Gates LLP

AI Product Liability: The Next Wave of Litigation

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Artificial intelligence (AI) litigation is beginning to consolidate around a familiar body of doctrine: product liability. Early cases are testing whether consumer-facing AI applications are treated as products (not services)...more

Searcy Denney Scarola Barnhart & Shipley

What Damages Can I Recover in a Defective Drug Case?

Defective drugs can have life-altering effects. In far too many cases, patients suffer serious complications that negatively impact their health for weeks, months or years—and in some cases the rest of their lives. ...more

Hogan Lovells

New rules, new players: Who’s next in the EU’s product‑liability shake‑up? EU Product Liability Directive

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Directive (EU) 2024/2853 (EU PLD) represents an important change in EU product liability, modernising the framework to reflect increasingly complex, tech‑driven products and global supply chains. Consumer protection is...more

McGuireWoods LLP

Can Social Media or AI Be a Defective Product? - Product Liability & Mass Tort Monitor: March 2026

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March 18, 2026 The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort...more

Troutman Pepper Locke

North Carolina Court Affirms Sealed Container Defense in Vape Battery Malfunction Case

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The North Carolina Court of Appeals recently issued a decision strengthening the “sealed container” defense available to non‑manufacturing sellers in products liability cases. In Weaver v. AMV Holdings LLC, the court found in...more

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