August 31, 2026

At the start of 2026, we highlighted five product liability litigations that had the potential to shape legal strategies, test emerging liability theories, and influence how complex cases are managed. Six months later, many of those predictions are already taking shape.

More than halfway through 2026, many of these litigations have moved beyond their initial stages, with developments ranging from leadership appointments and expanding case volumes to appellate rulings and ongoing bellwether proceedings. Here's a look at where these litigations stand today and what attorneys should be watching as the year continues.

Product Liability Litigation: Mid-Year Status Report

Key Takeaways

Several trends are becoming clear as these litigations move through the courts in 2026:

• Novel liability theories continue to gain traction. Courts are increasingly being asked to address claims involving artificial intelligence, digital platforms, and other products that don't fit neatly into traditional product liability frameworks.
   
• Coordinated proceedings are expanding. From MDLs to state court coordination proceedings, courts continue to rely on centralized case management to handle growing volumes of complex litigation.
   
• Cases are moving into advanced stages of litigation. Several of the litigations highlighted at the start of the year have progressed into coordinated discovery, leadership appointments, appellate proceedings, and other case management milestones that will shape their future direction.
   
• The volume of litigation remains strong. New filings, additional plaintiffs, and newly formed MDLs suggest that product liability activity continues to expand across a variety of industries and product categories.
   
• Organization and data management matter more than ever. As cases grow in size and complexity, legal teams need efficient processes for managing medical records, case data, discovery materials, and analytics to support informed decision-making.

1. Artificial Intelligence & Mental Health Litigation

January Status

At the beginning of 2026, lawsuits against AI developers were raising unprecedented questions regarding product liability, duty of care, foreseeability, and the responsibilities of companies developing conversational AI technologies.

Mid-Year Developments

• ChatGPT product liability cases were coordinated as JCCP 5431 on February 3, 2026.
• The Superior Court of San Francisco County was selected for the coordination proceeding.
• Judge Ethan P. Schulman was appointed as the coordinating trial judge.
• 25 cases in JCCP 5431 in various stages of coordination, pending coordination, and pending filing
• On June 1, 2026, the Florida Attorney General filed suit against OpenAI and Chief Executive Officer Sam Altman, alleging violations of the Florida Deceptive and Unfair Trade Practices Act and related causes of action.
• On August 4, 2026, Judge Schulman signed Case Management Order No. 1, appointing the Plaintiffs’ Leadership structure.

Why It Matters Now

What began as isolated lawsuits has evolved into coordinated litigation that may help define how courts evaluate AI-related injury claims. The addition of governmental enforcement actions introduces another layer of legal scrutiny beyond traditional product liability theories.

What Attorneys Should Watch Next

• Plaintiffs’ leadership activity and early coordination rulings
• Discovery disputes involving AI systems and underlying data
• Product classification arguments
• Emerging duty-of-care standards for AI developers

Litigation Readiness Considerations

• Prepare for complex technical discovery requests.
• Develop strategies for managing large volumes of digital evidence.
• Monitor emerging precedent involving AI product liability theories.
• Establish processes for organizing communications, user data, and alleged injury timelines.

2. Ultra-Processed Foods Litigation

January Status

Litigation targeting ultra-processed food manufacturers sought to establish connections between product formulation, marketing practices, and long-term health outcomes.

Mid-Year Developments

• On June 30, 2026, Judge Perez denied Plaintiff’s Motion for Leave to Amend the Complaint and for Reconsideration of the Order granting Defendants’ Motion to Dismiss.
• On July 22, 2026, Plaintiff Martinez filed a Notice of Appeal to the Third Circuit.
• Similar lawsuits have now been filed in six federal districts nationwide.

Why It Matters Now

Although these cases remain in their early stages, the growing number of filings suggests plaintiffs continue testing whether traditional product liability and consumer protection theories can be applied to ultra-processed foods.

What Attorneys Should Watch Next

• The Third Circuit appeal
• Challenges involving causation standards
• Potential consolidation efforts
• Scientific evidence supporting alleged health impacts

Litigation Readiness Considerations

• Monitor developments in nutritional and epidemiological evidence.
• Prepare for complex causation analyses involving multiple risk factors.
• Develop strategies for managing large volumes of medical records.
• Track emerging filings that may influence consolidation efforts.

3. Acetaminophen Products Liability Litigation (ASD/ADHD)

January Status

Following significant Daubert rulings excluding plaintiffs' expert testimony, the litigation entered 2026, awaiting appellate review that could significantly impact the future of the claims.

Mid-Year Developments

• On July 13, 2026, the U.S. Court of Appeals for the Second Circuit reversed the trial court’s decision to exclude certain plaintiffs’ expert witnesses.
• The litigation was remanded to the Southern District of New York for reconsideration.

Why It Matters Now

The Second Circuit’s ruling marks a significant development in the litigation, particularly regarding the admissibility of expert testimony and the evaluation of scientific evidence. The proceedings on remand could determine how the claims move forward and may have broader implications for pharmaceutical product liability litigation.

What Attorneys Should Watch Next

• Proceedings in the Southern District of New York following remand
• Expert admissibility and evaluation of scientific evidence
• Future viability of related claims
• Broader impacts on pharmaceutical litigation strategy

Litigation Readiness Considerations

• Continue monitoring appellate developments closely.
• Assess the potential impact of expert admissibility decisions on existing matters.
• Maintain organized medical evidence and causation analyses.
• Evaluate how future rulings may affect case valuation and risk assessment.

4. GLP-1 Vision Injury Litigation (NAION)

January Status

The litigation emerged as one of the newest pharmaceutical mass torts, with plaintiffs alleging vision-related injuries associated with GLP-1 medications.

Mid-Year Developments

• The litigation remains in the early coordinated pre-bellwether phase.
• The August 2026 Pending MDL Report reflects 200 pending actions.
• On July 21, 2026, the Court appointed the Honorable Lawrence F. Stengel (Retired) as Special Discovery Master to oversee discovery between the parties.

Why It Matters Now

The increasing number of filed actions suggests continued interest in the litigation. As the proceeding matures, case management decisions and discovery planning will begin shaping the trajectory of the MDL.

What Attorneys Should Watch Next

• Special Discovery Master activity and discovery protocols
• Leadership and case management developments
• Bellwether selection frameworks
• Scientific evidence concerning causation

Litigation Readiness Considerations

• Establish efficient processes for collecting and reviewing medical records. 
• Develop injury-specific data tracking and reporting strategies.
• Monitor scientific and regulatory developments involving GLP-1 medications.
• Prepare for increasing case volume as filings continue. 

5. Roblox Child Sexual Exploitation & Assault Litigation

January Status

The litigation centered on allegations involving platform safety, user protections, and the responsibilities of digital platform operators.

Mid-Year Developments

• The federal MDL remains in the early coordinated pre-bellwether phase.
• According to the parties’ August 17, 2026 Joint Case Management Statement, 160 cases are currently pending in the MDL and approximately 20 cases are pending in the California JCCP proceeding.
• Coordination of California state court cases was granted on April 17, 2026.
• Los Angeles County Superior Court was recommended for the coordination proceeding.
• The bellwether selection process for eight cases continues, with the selected cases proceeding toward briefing on motions to compel arbitration.

Why It Matters Now

The litigation is now advancing through both federal and state coordinated proceedings, creating the potential for significant developments regarding platform liability, user safety obligations, and coordination of parallel actions.

What Attorneys Should Watch Next

• Federal and state coordination activity
• Discovery involving platform policies and safety measures
• Briefing on motions to compel arbitration
• Development of the bellwether process

Litigation Readiness Considerations

• Prepare for large-scale digital evidence management.
• Establish processes for coordinating information across multiple jurisdictions.
• Monitor developments involving platform liability theories.
• Develop efficient methods for tracking case-specific allegations and evidence.

3 Themes Defining Product Liability Litigation in 2026

As these cases continue to develop, a few common themes are beginning to emerge.

New Liability Theories Are Moving Into the Mainstream

Emerging technologies are creating new legal questions that courts have not traditionally faced in product liability litigation. As cases involving artificial intelligence and digital platforms advance, they may help establish precedent for future claims involving rapidly evolving technologies.

Coordinated Proceedings Continue to Drive Complex Litigation

Several of the litigations highlighted in this update have already moved into MDLs or state court coordination proceedings. As case volumes grow, centralized case management remains a critical tool for courts and litigants alike, helping streamline discovery, motion practice, and case administration.

Data Is Becoming a Competitive Advantage

Strong data management has become a key component of litigation readiness. As case volumes and information demands increase, legal teams need efficient ways to organize records, analyze evidence, and generate insights that support decision-making.

Preparing for What’s Next in Product Liability Litigation

With several of these litigations entering coordinated proceedings and others moving into appeals, discovery, and remand proceedings, the remainder of 2026 is expected to bring important developments that could influence product liability litigation for years to come.

For legal teams managing complex litigation, staying ahead of these developments requires more than simply tracking court filings. It requires having the right processes, data, and litigation support in place to effectively manage growing volumes of records, discovery materials, and case information.

If your team is preparing for large-scale litigation, managing complex medical evidence, or looking for ways to improve case data organization and analytics, LMI can help. Our team partners with law firms, insurers, and corporate legal departments to streamline record collection, medical record review, legal data management, and litigation analytics to help clients make informed decisions at every stage of the litigation lifecycle.

Let's connect to discuss how we can support your litigation strategy and case management goals.