Product Liability

Expert Analysis

• The Lawyer Personalities That Make Up Joint Interest Groups

  

  As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

• Opinion

  Felony Charges For Owner Of Self-Driving Car Are Problematic

  

  People v. Kevin George Aziz Riad, a pending criminal case against a Tesla driver in a California state court, is a troubling indication that prosecutors may charge drivers with gross negligence on the assumption that they relied on autonomous vehicles' self-driving technology — but assumptions are no substitute for evidence, says criminal defense attorney Cody Warner.

• Dr. Oz Class Settlement Shows How Liability Can Diminish

  

  The recent $625,000 class action settlement concerning weight loss supplements promoted by Dr. Oz shows that litigation issues — from merit of claims to nonmonetary relief agreements — can significantly reduce the alleged multimillion-dollar liability a defendant must pay out of pocket, says Michael Zbiegien at Taft.

• How Cos. Can Prep For Calif. Ban On PFAS In Food Packaging

  

  California’s ban on a group of chemicals known as PFAS is three months away, meaning food packaging and cookware manufacturers have little time to implement the big changes this law requires, lest they face enforcement actions such as injunctive relief and steep civil penalties, say John Epperson and Peter McGaw at Buchalter.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• 13 Cognitive Distortions That Plague Defense Witnesses

  

  In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• 9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

  

  Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.

• Kellogg Ruling Shows Pushback Against False Ad Claims

  

  A California federal court’s recent ruling in Kennard v. Kellogg Sales could indicate that federal courts in the state are increasingly granting motions to dismiss against false advertising cases, and suggests that consumer surveys do not necessarily save complaints from dismissal, says Rebecca Bazan at Duane Morris.

• And Now A Word From The Panel: 5 Key MDL Factors

  

  A recent decision by the Judicial Panel on Multidistrict Litigation to deny a petition for a new MDL offers useful insights into the most important factors that the panel considers when determining whether consolidation of a group of separate cases is warranted, says Alan Rothman at Sidley.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Civil Suit Trends Cos. Can Expect From State AG Enforcement

  

  Companies can prepare for possible future claims from private plaintiffs and manage litigation risks by understanding the priorities and enforcement trends of state attorneys general — from greenwashing to missed commitments on diversity, equity and inclusion, say attorneys at Covington.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• How Attys Can Get Reliable Data From Pretrial Focus Groups

  

  As jury research becomes more commonplace, many trial attorneys are attempting to run their own focus groups, but they must understand the principles of scientific method and bias to collect reliable data — or they risk relying on misleading, invalid or potentially dangerous information, says Jessica Brylo at Trial Dynamics.