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Products Liability & Insurance

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Products Liability & Insurance

DEFENSES TO LIABILITY—ASBESTOS—W.D. La.: Nuclear weapons contractors win summary judgment in serviceman’s mesothelioma suit

October 15, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.

The serviceman failed to establish that either contractor designed, manufactured, or supplied asbestos-containing materials to which he was exposed during military service. In an action brought by a former Air Force nuclear weapons specialist diagnos...

DEFENSES TO LIABILITY—ASBESTOS—W.D. La.: Nuclear weapons contractors win summary judgment in serviceman’s mesothelioma suit
Law Firms Mentioned:Benesch | Gay Jones & Kuhn PLLC | Landry & Swarr LLC | Law Offices of Kevin E. Myers | Sauter Sullivan LLC
Organizations Mentioned:3M Co. | FCA US, LLC | Holden Industries, Inc. | Honeywell International Inc. | Snow Peak USA, Inc. | Tristar Products, Inc.
JURISDICTION—INDUSTRIAL AND COMMERCIAL EQUIPMENT—E.D. Mo.: Court dismisses fraudulently joined company, denies remand
October 15, 2026
Susan L. Smith, JD, MA

The court denied a woman’s motion to remand her complaint to the state court after concluding that a company that was fraudulently joined had properly removed the woman’s complaint before a forum-state defendant was served under a law that permits a ...

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CPSC NEWS—ELECTRONIC PRODUCTS—3M recalls over 53,000 Scotch laminators due to fire hazard
October 15, 2026
WK Editorial Staff

Consumers should stop using the product immediately and contact the firm for a full refund. 3M Company is recalling about 53,634 Scotch thermal laminators because the machines can overheat, posing a fire hazard (CPSC Recall Notice , No. 27-024 (Oct. ...

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CPSC NEWS—HOUSEHOLD PRODUCTS—Snow Peak recalls propane fireplace inserts after report of lava rocks explosion
October 15, 2026
WK Editorial Staff

The firm is offering replacement lava rocks or a full refund. Snow Peak USA is recalling about 100 Takibi Fireplace Propane Inserts and Lava Rocks because the lava rocks can ignite and explode when heated in the propane insert, posing burn and fire h...

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NHTSA NEWS—MOTOR VEHICLES—Chrysler is recalling 265,000 vehicles due to loss of power steering assist
October 15, 2026
Deja Rothschild

A loss of power steering assist can increase the risk of a crash. Chrysler (FCA US, LLC) is recalling approximately 265,512 model year 2022-2026 Ram 1500 Promaster, Ram 2500 Promaster, Ram 3500 Promaster, and 2024-2026 Ram 3500 Electric (EV) vehicles...

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CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
October 15, 2026
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

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CPSC NEWS—HOUSEHOLD PRODUCTS—CPSC warns consumers to stop using Power Quick Pot pressure cookers
October 15, 2026
WK Editorial Staff

The agency has received 24 reports of hot contents being expelled unexpectedly, resulting in serious burn injuries. The Consumer Product Safety Commission is urging consumers to immediately stop using Power Quick Pot 6-quart pressure cookers because ...

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EXPERT INSIGHTS—Can An Algorithm Commit A Tort? The Circuit Split Over Section 230
October 15, 2026
Lauren C. Tortorella & Samson Widerman

Key Takeaways A growing circuit split is reshaping the scope of Section 230 immunity. While the Fourth and Ninth Circuits continue to view algorithmic recommendations as protected publisher conduct, the Third Circuit has taken a narrower approach, ho...

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NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
October 15, 2026
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

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Products Liability & Insurance

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—N.D. Ill.: General Motors wins summary judgment in fatal truck crash case

October 14, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.

The court declined to reconsider its earlier rulings excluding the estate’s expert opinions, and the lack of expert testimony warranted judgment for the automaker. In an action brought against an automaker by the surviving spouse of a woman who died ...

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLE EQUIPMENT—N.D. Ill.: General Motors wins summary judgment in fatal truck crash case
Law Firms Mentioned:Beckett and Hensley LC | Bradley Arant LLP | Bush Seyferth PLLC | Power Rogers, LLP
Organizations Mentioned:Daimler Vans USA, LLC | Ford Motor Co. | Generac Power Systems Inc. | General Motors, LLC [#1, #2, #3] | Mercedes-Benz USA, LLC | ONTHEWEI | Polaris Industries, Inc. | Premiori, LLC
EXPERT EVIDENCE—SPORTS AND RECREATIONAL EQUIPMENT—E.D. Mo.: Polaris denied exclusion of rider’s expert in ATV rollover case
October 14, 2026
Pankhuri Bhatnagar, B.A. LL.B.

The rider’s disclosure was found to be timely under federal rules, and prejudice, if any, could be cured by allowing the suppliers to depose the expert. In a suit brought against two ATV suppliers by a man who got trapped beneath the vehicle and was ...

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FEDERAL REGISTER NOTICES—CPSC and NHTSA regulatory activity
October 14, 2026
WK Editorial Staff

A roundup of agency notices published in the Federal Register . DEFECT PETITIONS. The National Highway Traffic Safety Administration (NHTSA) has denied a petition (No. DP26005 ) seeking a defect investigation into allegations of inadvertent airbag de...

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CPSC NEWS—BABY PRODUCTS—Baby bath seats recalled over drowning hazard
October 14, 2026
WK Editorial Staff

The products were sold on Amazon by ONTHEWEI, of China. About 2,140 ONTHEWEI baby bath seats are being recalled because they violate the mandatory standard for infant bath seats and can become unstable and tip over during use, posing a risk of seriou...

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CPSC NEWS—HOUSEHOLD PRODUCTS—DR Power recalls more than 42,000 trimmer mowers over fire hazard
October 14, 2026
WK Editorial Staff

The company has received 19 reports of the products catching fire, including two injuries. About 42,860 DR Power Equipment Pilot and Premier Trimmer Mowers are being recalled because grass and debris can accumulate in the machines and ignite, creatin...

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NHTSA NEWS—MOTOR VEHICLES—GM recalls over 29,000 vehicles due to front window closing problem
October 14, 2026
Joe Cox, J.D.

The body control module (BCM) software will be updated by a dealer or through an over-the-air (OTA) update. General Motors, LLC (GM) is recalling approximately 29,347 2025-2027 Cadillac OPTIQ vehicles. In these vehicles, when closed using the key fob...

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CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
October 14, 2026
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

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NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
October 14, 2026
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

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NHTSA NEWS—MEETING NOTICE—NHTSA to host public meeting on improving recall outcomes
October 14, 2026
WK Editorial Staff

The agency seeks industry and public input on new technologies, recall communications, and strategies to boost repair completion rates. The National Highway Traffic Safety Administration (NHTSA) announced a public meeting titled “Recalls Next: Techno...

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Products Liability & Insurance

CAUSATION—ELECTRONIC PRODUCTS—E.D. Mo.: Widow’s case proceeds against Lyft as court finds slain driver’s murder was foreseeable

October 13, 2026 | By Molly Platnick

The court declined to dismiss negligence or products liability claims for lack of proximate cause. The federal district court for the Eastern District of Missouri granted in part and denied in part Lyft’s motion to dismiss a case brought by the widow...

CAUSATION—ELECTRONIC PRODUCTS—E.D. Mo.: Widow’s case proceeds against Lyft as court finds slain driver’s murder was foreseeable
Law Firms Mentioned:Comer Law Group PLLC | Dowd Bennett LLP | Evans Fears & Schuttert LLP | Panish Shea Ravipudi LLP
Organizations Mentioned:5Color | Lyft, Inc. | Newell Brands Distribution LLC | Newell Brands Inc. | Ningbo Lanchez E-Commerce Co., Ltd. | Pacearth Direct | Sunbeam Products, Inc. | Walmart Inc.
DESIGN AND MANUFACTURING DEFECTS—HOUSEHOLD PRODUCTS—D. Nev.: Heating pad burn case survives summary judgment on design and manufacturing defect theories
October 13, 2026
Wendy Biddle, J.D.

The court allowed the defect theories to proceed on the defendants' own evidence while cutting off claims where the plaintiff's record fell short. The federal district court in Nevada allowed strict liability design and manufacturing defect claims ov...

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NOTICES—TEMPORARY EXEMPTIONS—NHTSA seeks comments on motorcoach shoulder belt exemption renewals
October 13, 2026
WK Editorial Staff

The exemptions would allow side-facing seating positions to have lap belts only. The National Highway Traffic Safety Administration has received petitions from 13 final-stage manufacturers of entertainer-type motorcoaches seeking renewal of temporary...

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CPSC NEWS—CHILDREN’S PRODUCTS—Children’s bicycle helmets recalled over head injury risk
October 13, 2026
WK Editorial Staff

Consumers should stop using the products immediately and contact 5Color for a full refund. About 324 5Color Children’s Bike Helmet and Pads Sets are being recalled because the helmets fail to comply with multiple requirements of the mandatory federal...

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CPSC NEWS—SPORTS AND RECREATIONAL EQUIPMENT—Pacearth recalls more than 110,000 swing seats over fall hazard
October 13, 2026
WK Editorial Staff

The firm has received 30 reports of falls, including nine injuries. Pacearth Direct is recalling about 110,550 PACEARTH swing seats because the seats, metal carabiners or quick links, or webbing straps can break during use, posing a fall hazard that ...

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CPSC NEWS—TOOLS AND HARDWARE—LANCHEZ pressure washers recalled over shock, electrocution hazards
October 13, 2026
WK Editorial Staff

CPSC is aware of one report involving a missing ground-fault circuit-interrupter. A total of 329 LANCHEZ pressure washers are being recalled because they lack an integral ground-fault circuit-interrupter (GFCI) and an adequate-length power cord, whic...

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CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
October 13, 2026
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

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NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
October 13, 2026
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

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SUPREME COURT NEWS—CHEMICAL PRODUCTS—Supreme Court sends Roundup cancer-warning case back after preemption ruling
October 13, 2026
WK Editorial Staff

A California appellate court must reconsider its $28 million judgment against Monsanto Co. The U.S. Supreme Court granted Monsanto Co.’s petition for certiorari in a case involving a California consumer who won a $28 million judgment on claims that R...

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Products Liability & Insurance

DESIGN AND MANUFACTURING DEFECTS—FOOD AND BEVERAGES—E.D.N.Y.: Chocolate suppliers denied dismissal of consumer’s claims in contamination case

October 9, 2026 | By Pankhuri Bhatnagar, B.A. LL.B.

The consumer sufficiently pleaded that the recalled chocolates she consumed were defective and caused her hospitalization and subsequent aneurysm. In an action brought against a chocolate’s manufacturer and its distributor by a consumer who was alleg...

DESIGN AND MANUFACTURING DEFECTS—FOOD AND BEVERAGES—E.D.N.Y.: Chocolate suppliers denied dismissal of consumer’s claims in contamination case
Law Firms Mentioned:Dentons U.S. LLP | Gordon & Rees LLP | Law Offices of Robert A. Stutman, P.C. | Lobrutto Law, PC | Lowenstein Sandler LLP
Organizations Mentioned:Haier Group Corp. | HotHands | Kobayashi Consumer Products LLC | Shenzhen Yunshangqinyang E-commerce Ltd., dba Agrish Direct | Strauss Group Ltd. | The Cincinnati Insurance Co. | Zhongshan Lebo Medical Co., Ltd.
JURISDICTION—HOUSEHOLD PRODUCTS—E.D.N.Y.: Chinese compressor maker wins dismissal of insurer’s fire-damage claims for lack of jurisdiction
October 9, 2026
Pankhuri Bhatnagar, B.A. LL.B.

The manufacturer’s lack of purposeful contacts with New York defeated personal jurisdiction despite its component being incorporated into a refrigerator that was ultimately sold and used in the state. In an action brought by a property insurer agains...

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NOTICES—MOTOR VEHICLES—NHTSA seeks input, nominations for Vehicle Lighting Rulemaking Advisory Committee
October 9, 2026
WK Editorial Staff

The committee would advise the Secretary of Transportation on revisions to FMVSS No. 108. The National Highway Traffic Safety Administration (NHTSA) announced its intent to establish a negotiated rulemaking advisory committee to develop consensus rec...

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CPSC NEWS—ELECTRONIC PRODUCTS—Rechargeable hand warmers recalled over fire risk
October 9, 2026
WK Editorial Staff

The hand warmers’ electrical components were found to pose a risk of overheating and igniting, but no injuries have been reported. About 77,000 HotHands rechargeable hand warmers are being recalled after their lithium-ion batteries and electrical com...

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CPSC NEWS—HOUSEHOLD PRODUCTS—Agrish expands bed rail recall over entrapment risks
October 9, 2026
WK Editorial Staff

Consumers will be offered a free retrofit kit containing counterweight blocks and installation instructions designed to improve the dresser's stability. Agrish Direct has reannounced and expanded its recall of Agrish adult portable bed rails after de...

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CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
October 9, 2026
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

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EXPERT INSIGHTS—2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role
October 9, 2026
Wayne Fang & Andrew S. Brown

On July 13, in a precedential opinion, the U.S. Court of Appeals for the Second Circuit weighed in on the ongoing debate over how closely a district court may or should scrutinize a qualified expert's opinions under Rule 702 of the Federal Rules of E...

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NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
October 9, 2026
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

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Products Liability & Insurance

DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit

October 8, 2026 | By Leah S. Poniatowski, J.D.

The patient was given another chance to pursue warranty claims under the UCC. A patient whose implanted hip nailing system failed could not recover against the manufacturer on breach of warranty theories because the nature of her allegation was based...

DESIGN AND MANUFACTURING DEFECTS—MEDICAL DEVICES—N.D. Ind.: Breach of warranty claim not sufficiently distinct from time-barred tort claim in hip device lawsuit
Law Firms Mentioned:Barton Cerjak SC | Harris Welsh & Lukmann | O’Hagan Meyer PLLC | Reed Smith LLP
Organizations Mentioned:Ford Motor Co. | General Motors, LLC | Gobi Heat | Howmedica Osteonics Corporation | Kia America Inc.
JURISDICTION—MOTOR VEHICLES—E.D. Wis.: Court finds personal jurisdiction over Korean automobile manufacturer because its automobiles are used in the state
October 8, 2026
Susan L. Smith, JD, MA

The automaker had reason to know that its products would be used in Wisconsin. A federal district court in Wisconsin denied an automobile manufacturer’s request to dismiss the complaint of two women who were injured in car crashes involving the manuf...

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FINAL RULES—MOTOR VEHICLES—NHTSA eliminates obsolete regulations related to 911 Grant Program
October 8, 2026
WK Editorial Staff

All program funds have been awarded. The National Highway Traffic Safety Administration (NHTSA), along with the National Telecommunications and Information Administration (NTIA), has issued a final rule removing 47 CFR Part 400, which contained regul...

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CPSC NEWS—ELECTRONIC PRODUCTS—More than 5K hand warmers recalled over fire risk
October 8, 2026
WK Editorial Staff

The recalled hand warmers were sold exclusively on the Gobi Heat website from October 2024 through August 2026. Gobi Heat has recalled about 5,500 rechargeable hand warmers in the United States, along with an additional 47 units sold in Canada, becau...

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NHTSA NEWS—MOTOR VEHICLES—Ford recalls over 41,000 vehicles due to contaminated LED chips in headlights
October 8, 2026
Joe Cox, J.D.

Dealers will inspect and replace the headlight assemblies, as necessary. Ford Motor Company (Ford) is recalling approximately 41,748 2025-2027 Expedition, 2026 F-250 SD, F-350 SD, F-450 SD, and F-550 SD vehicles. In the vehicles in question, the head...

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NHTSA NEWS—MOTOR VEHICLES—General Motors recalls over 1,500 vehicles due to side roof rail air bag inflator end cap detachment or rupture
October 8, 2026
Joe Cox, J.D.

Dealers will replace both roof rail air bag modules. General Motors, LLC (GM) is recalling approximately 1,559 2016 Chevrolet Silverado 2500/3500, GMC Sierra 2500/3500 vehicles, and 2016-2017 Chevrolet Silverado 1500 and GMC Sierra 1500 vehicles. In ...

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CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment
October 8, 2026
WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions ...

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NHTSA NEWS—COMMENT CALENDAR—NHTSA actions open for public comment
October 8, 2026
WK Editorial Staff

National Highway Traffic Safety Administration actions, with links to source documents, are open for public comment until the dates indicated. As detailed in previous Products Liability Law Daily stories, the following National Highway Traffic Safety...

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