On February 24, 2026, the Ninth Circuit reversed a judgment from the U.S. District Court for the District of Montana awarding damages to plaintiffs in a Libby, Montana asbestos case, holding that BNSF Railway cannot be held strictly liable for asbestos-contaminated vermiculite that accumulated on its tracks and railyard.
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Remand Motion Denied in PFAS Lawsuit Brought by Former Professional Baseball Players
On February 11, 2026, Judge Juan R. Sánchez of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to remand in a high-profile toxic torts case. Former professional baseball players and representatives of their estates filed a lawsuit, claiming that extended exposure to per- and polyfluoroalkyl substances (“PFAS”) while playing for…
SB 293 and HB 16: A New Chapter for Summary Judgment Practice in Texas
Senate Bill 293 (SB 293), codified at Section 23.303 of the Texas Government Code, requires Texas courts to follow a strict schedule for hearings and rulings on motions for summary judgment. Effective September 1, 2025, SB 293 aims to streamline judicial efficiency and provide Texas litigants with more predictability. Relatedly, Texas House Bill 16 (HB…
Chilutti v. Uber: Pennsylvania Supreme Court Denies the Right to Immediate Appeal from Orders Compelling Arbitration
In September 2025, the Pennsylvania Supreme Court tackled a significant procedural issue: whether an order compelling arbitration in ongoing litigation is immediately appealable as a collateral order. In Chilutti v. Uber Technologies, Inc., the plaintiffs, Shannon and Keith Chilutti, sued Uber and others for injuries allegedly sustained during a ride in a wheelchair-accessible Uber vehicle.…
Pennsylvania Superior Court Overturns $1 Billion Product Liability Verdict
The Superior Court of Pennsylvania vacated a $1 billion jury verdict in favor of a plaintiff who alleged injuries arising out of a 2017 car accident. The case centered on alleged defects in a 1992 sports car’s occupant restraint system and roof design. The analysis from the Superior Court, while non-precedential, offers crucial insights into…
Burden Shifting in Closing Arguments: Lessons from Harrell v. City of Chicago
The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a new trial in Harrell v. City of Chicago, offering important guidance regarding improper burden shifting during closing arguments.…
U.S. Solicitor General Backs Bayer on Roundup Litigation Labeling Claims
On December 2, 2025, Bayer announced that the Solicitor General of the United States, D. John Sauer1 has recommended the United States Supreme Court take up the Monsanto Co. v. Durnell2 appeal on the Roundup product litigation. The Supreme Court previously invited the Solicitor General to weigh in on the views of the…
Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case
Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against manufacturers, plaintiffs often argue that the products were defectively designed or inadequately warned. A recent Tenth Circuit decision reinforces a critical limit…
The Ninth Circuit’s Latest Word on Expert Testimony: A Cautionary Tale for Expert Witnesses in Toxic Tort Litigation
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer. The case, which arose from claims that exposure to an herbicide caused the plaintiff’s blood cancer, underscores the critical importance of rigorous and well-supported expert analysis…
Minnesota’s PFAS Regulation Rejected by Judge
In a significant development concerning Minnesota’s environmental regulations, an administrative court rejected the Minnesota Pollution Control Agency’s (MPCA) proposed rule on per- and polyfluoroalkyl substances (PFAS) reporting and associated fees.1 This decision, issued on August 29, 2025, highlights procedural and substantive criteria considered in the MPCA’s rulemaking process.2…