The Jere Beasley Report October 2026

CAPITOL OBSERVATIONS

A Landmark Settlement In Alabama Over Child Safety Claims

A settlement has been reached by the State of Alabama with TikTok that is a tremendous victory for the people of the state. TikTok has agreed to pay at least $100 million and implement a series of new safety measures to settle Alabama’s lawsuit alleging the platform harmed children and misled users about its safety features. The injunctive relief set out in the settlement agreement is the significant and most important part of the settlement.

This settlement is the first of its kind between TikTok and a state attorney general over claims that the platform’s design contributes to addiction and mental health concerns among young users. TikTok agreed to the initial payment and could ultimately pay up to $300 million if additional states join similar agreements. This case was being watched by other Attorneys General around the country and by social media companies nationwide. The news media in Alabama did a great job of bringing the settlement to the attention of the public.

Alabama Attorney General Steve Marshall called the agreement a major step toward giving parents more control over their children’s social media use and protecting young users from the risks associated with excessive screen time.

The agreement is aimed at addressing concerns that the platform’s design and algorithms exposed children and teens to harmful content while failing to deliver on promised safety protections.

Katherine Robertson, Deputy Attorney General, called the settlement part of Alabama’s overall effort to protect children from online dangers, including content related to suicide, eating disorders, drugs, and pornography. She said TikTok misled parents about the effectiveness of its safety measures and age restrictions. As part of the settlement, TikTok must implement several new protections for young users, including:

• A two-hour daily screen time limit for minors, with additional parental controls
• “Productive pauses” that interrupt prolonged scrolling
• Overnight access restrictions and limits on messaging and notifications during certain hours
• Stronger age-verification measures
• Enhanced protections against unwanted interactions between adults and teens
• A ban on cosmetic filters for teen users
• A default non-personalized feed for teens
• Expanded and easier-to-use parental controls

The agreement holds TikTok accountable for its safety commitments while giving parents more tools to manage their children’s online activity. It should be noted that the settlement does not affect individual and class action lawsuits. However, it will definitely help this litigation move forward without a doubt. You can go to the Alabama Attorney General’s website (https://www.alabamaag.gov/attorney-general-marshall-announces-historic-multi-million-dollar-settlement-with-tiktok/) to gain access to the court order that contains the settlement.

The State of Alabama was represented by Attorney General Steve Marshall, Deputy Attorney General Katherine Robertson, Brad Chynoweth, Michael Dean, and Lindsay Barton of the Alabama Office of the Attorney General; Rhon Jones, Matt Griffith, Jeff Price, Elliot Bienenfeld, Elizabeth Walden, Rylee Buzbee, and Sarah Grace Strength from Beasley Allen; and Josh Hayes, Matt Glover, and Blake Williams of Prince Glover Hayes.

SOCIAL MEDIA LITIGATION

A Social Media Litigation Update

A team of Beasley Allen lawyers, led by Joseph VanZandt, represents individuals and school districts in litigation that is advancing in both California federal court and separately California state court, against Facebook, Instagram, Snapchat, TikTok, and YouTube. The litigation is based on these defendants knowingly unleashing dangerous products on the public, without adequate protections or warnings.

Thousands of adolescents have been caused to experience frequent periods of suicidal ideation, engage in various forms of self-harm, develop an eating disorder(s), or suffer from severe depression and anxiety, among other harms that can cause or contribute to additional diseases. Numerous children have committed suicide as a result of the wrongful conduct.

The social media litigation continues to advance on both federal and state tracks. In the JCCP, Judge Kuhl’s remaining Trial Pool 2 bellwethers, S.J. and K.D.B., remain set for trial at the end of this month, building on the momentum of the K.G.M. verdict. In the MDL, Judge Gonzalez Rogers will preside over the school district bellwether trial on February 8, 2027, following the trial that a coalition of state Attorneys General brought against Meta in Oakland.

That Meta trial ended early. After four days of testimony, Meta agreed to settle with 52 state and territorial Attorneys General for up to $17.1 billion, along with a set of child-safety reforms on Instagram and Facebook. The settlement resolves only the states’ sovereign and consumer-protection claims. It does not release, resolve, or compensate the personal injury or school district claims pending in the JCCP or MDL.

On August 10, the Ninth Circuit denied the platforms’ bid for early appellate review of Judge Gonzalez Rogers’s rulings rejecting their Section 230 and First Amendment defenses, finding the appeal premature. Several thousand cases will proceed toward trial buttressed by that ruling.

Meta settled in the middle of a trial it had to know they were losing. That result, together with the Ninth Circuit’s ruling, strengthens our firm’s position heading into the October bellwether trials and beyond.

Beasley Allen is honored to represent the victims of harmful product designs. We consider the litigation to be a top priority at the firm.

There is also a class action aspect of this social media litigation, which is being handled by lawyers in our Consumer Fraud & Commercial Litigation Section. If you need help in that area, contact Michelle Fulmer, Section Director, and she will have a lawyer contact you.

Meta Faces Lawsuit Over Alleged Use Of Photos For AI And Facial Recognition

A proposed class action lawsuit has been filed against Meta that claims the company collected and used biometric data from photos posted on Facebook and Instagram without users’ knowledge or consent. Meta allegedly used images from its platforms to develop artificial intelligence tools and a facial recognition feature known as “NameTag” which has reportedly been tested for use with Meta smart glasses.

The lawsuit alleges Meta converted people’s facial images into biometric identifiers and used those images to train both facial recognition technology and generative AI models. Plaintiffs claim the company failed to notify users or obtain consent before collecting and using this data.

The suit was filed by residents of Illinois and California, seeking class action status. Meta is accused of violating state privacy and publicity laws. The allegations come years after Meta agreed to a $650 million settlement over claims that Facebook’s facial recognition technology violated Illinois biometric privacy laws.

Meta is also facing separate litigation in California over allegations that videos captured by its smart glasses were used to train AI models without users’ knowledge.

The proposed classes are represented by Kenneth Wexler, Justin N. Boley, Zoran Tasić and Gwyneth F. Lietz of Wexler Boley & Elgersma LLP, Ryan F. Stephan, James B. Zouras, Catherine Mitchell Duffy and Anna Ceragioli of Stephan Zouras LLC, Daniel E. Gustafson, David A. Goodwin and Shashi K. Gowda of Gustafson Gluek PLLC and Kevin Landau and Joshua Hall of Taus Cebulash & Landau LLP.

The case is Alvarez et al. v. Meta Platforms Inc., case number 1:26-cv-10773, in the U.S. District Court for the Northern District of Illinois.

Source: Law360

New Mexico Jury Finds Meta Made Repeated Misrepresentations About Privacy And Safety

A New Mexico jury has found that Meta knowingly misled users about privacy, data security, content moderation, and its response to the Cambridge Analytica scandal. The jury concluded that 26 statements made by the company over more than a decade constituted deceptive business practices under state law.

The verdict holds Meta liable for approximately 43.9 million violations, with each violation tied to the alleged dissemination of misleading statements to New Mexico residents through Facebook, company communications, and national media. A judge will determine financial penalties later, and state law allows damages ranging from $1 to $5,000 per violation.

At trial, New Mexico contended that Meta CEO Mark Zuckerberg and other executives repeatedly overstated users’ control over their personal information and misrepresented how the company protected data. Much of the case focused on the Cambridge Analytica scandal, in which data from millions of Facebook users was collected through a third-party app and later used for political consulting purposes.

State attorneys also alleged that Meta failed to fully disclose what it knew about the data harvesting and later made false promises about investigating third-party app developers and notifying affected users. Jurors agreed with the state on most of these claims, though they found that three challenged statements were not misleading.

Meta has said it disagrees with the verdict and plans to continue defending its actions. The company contends that it has invested heavily in privacy and safety improvements, including extensive reviews of third-party apps, developer suspensions, and other enforcement efforts following the Cambridge Analytica controversy.

The ruling marks another significant legal setback for Meta in New Mexico. Earlier this year, the state secured roughly $942 million in separate litigation involving allegations that the company concealed risks its platforms posed to teens’ mental health. The latest case adds to growing scrutiny of social media companies over privacy, safety, and consumer protection concerns.

The New Mexico Attorney General’s Office is represented by Randi McGinn of McGinn Montoya Love Curry & Sievers PA, and Corban Rhodes, Adam Levitt, Daniel Schwartz, J. Gordon Bergstresser, Emma Bruder, Rebecca Trickey and Amy Keller of DiCello Levitt.

The case is State of New Mexico v. Facebook Inc., case number D-101-CV-202100132, in the First Judicial Circuit Court of New Mexico.

Source: Law360

Texas Judge Finds TikTok Misled Parents About Child Safety Features

The State of Texas won a major victory in its lawsuit against TikTok when Judge Cory Liu ruled that the social media platform violated Texas consumer protection laws by misleading users about its content moderation practices and the effectiveness of its Restricted Mode safety feature.

Judge Liu found that TikTok falsely claimed certain harmful content would be removed when, in reality, much of it was simply made harder to find. The content included videos promoting drug use and gambling, sexually suggestive content involving children, and graphic injury footage.

The judge also ruled that TikTok’s Restricted Mode did not work as advertised. Evidence showed company officials knew the feature failed to adequately block inappropriate content, despite marketing it as a tool to protect children from profanity, sexual content, and realistic violence.

TikTok misled parents about the platform’s safety and exposed children to harmful material. The lawsuit, filed in early 2025, alleges TikTok knew its platform could be addictive and expose minors to explicit and graphic content while continuing to market the app as safe for young users.

The case is the State of Texas v. TikTok Inc. et al., case number D-1-GN-25-003118, in the 56th District Court of Galveston County, Texas.​‌

Source: Law360

The Beasley Allen Social Media Litigation Team

Joseph VanZandt, who leads our firm’s Social Media Litigation Team, is co-lead counsel for the Judicial Council Coordination Proceeding (JCCP) for the plaintiffs in California State Court. Joseph is also a member of the Plaintiffs Steering Committee in the MDL, helping lead the federal social media multidistrict litigation. Lawyers on the Beasley Allen Social Media Litigation Team are set out below.

The Social Media Litigation Team consists of: Joseph VanZandt (who heads the team), Jennifer Emmel, Suzanne Clark, Clinton Richardson, Sydney Everett, Davis Vaughn, Soo Seok Yang, James Lampkin, Seth Harding and Slade Methvin. Andy Birchfield, who heads our Mass Torts Section, also works with the team.

If you need more information on the ongoing social media litigation or need help with a case, contact Melissa Prickett, Director of our Mass Torts Section, and she will have a lawyer on the Litigation Team contact you.

TALC LITIGATION

Settlement Option Within Reach For Talc Victims

After more than a decade of hard-fought litigation, compensation is finally on the horizon for tens of thousands of women harmed by Johnson & Johnson’s talc products. On July 27, 2026, J&J announced a proposed $5.5 billion settlement of approximately 76,000 ovarian cancer claims pending in the federal Multi-District Litigation and related state court proceedings, conditioned on participation of at least 95% of the remaining ovarian cancer claims.

This global settlement was reached only after courts rejected J&J’s three previous bankruptcies — schemes designed to shortchange victims that Beasley Allen and other advocates fought for at every turn. Importantly, the settlement program offers plaintiffs a choice — accept a settlement offer or continue in litigation – a choice that would have been taken from them in any of the bankruptcy plans.

The courts continue to reject J&J’s efforts to intimidate independent researchers. In August, a Virginia federal judge ruled for three doctors in a libel lawsuit filed by J&J over a 2020 study linking cosmetic talc exposure to mesothelioma, finding the evidence didn’t show the doctors knowingly or recklessly published falsehoods. Rather than confront the science, J&J sued the scientists — and lost.

Beasley Allen has stood firm with talc victims from the beginning, helping expose J&J’s efforts to hide the fact that Johnson’s Baby Powder can cause cancer, trying landmark cases, and defeating repeated bankruptcy maneuvers. Our efforts have been to protect the interests of our clients and help to bring J&J to justice.

Beasley Allen Talc Litigation Team

The following Beasley Allen lawyers are members of the Talc Litigation Team:

Andy Birchfield, Leigh O’Dell, Ted Meadows, Ryan Beattie, David Dearing, Liz Achtemeier, Jennifer Emmel, Caty O’Quinn, Leanna Pittard, Matt Teague, Margaret Thompson, Kelli Alfreds, Alexa Wallace, Cristina Rodriguez and Brittany Scott.

CAMP LEJEUNE LITIGATION

Camp Lejeune Bellwether Cases Move Closer To Trial

After years of waiting, individuals affected by the Camp Lejeune water contamination are seeing meaningful movement in the litigation. Four bellwether cases involving kidney cancer and kidney disease claims are now advancing toward trial, marking an important new phase in the pursuit of accountability and compensation.

Judge Terrence Boyle has identified four bellwether cases involving kidney cancer and kidney disease claims for trial preparation. Judge Boyle has begun setting trial dates for these cases, including a trial date for Mousser v. United States of America (7:23-cv-00667-BO-RN) on November 9, 2026, followed by a trial date for Fancher v. United States of America (7:23-cv-00275-BO-BM) on November 16, 2026.

What is a bellwether trial?

All our readers may not know what a bellwether trial is. So, I will explain. A bellwether trial is an early test case that gives courts, attorneys, and claimants a preview of how a judge or jury might rule on issues common to a large group of similar lawsuits. While the verdict is legally binding only for the parties involved, its outcome often shapes the direction of settlement talks and strategy for the remaining cases.

This development arrives at a pivotal moment: as the government scales back its Elective Option settlement program, more attention is shifting to claims working their way through the courts. For Camp Lejeune families, the movement of bellwether cases toward trial marks a meaningful milestone after years of waiting for their day in court.

As the litigation moves forward, these bellwether trials could offer valuable insight into how courts will handle the issues at the heart of the Camp Lejeune claims. In the months ahead, families seeking accountability and compensation from harm linked to the contaminated water may finally start to see clearer answers.

If you have questions or need help with a case, contact Rylee Buzbee, a lawyer in our Toxic Torts Section.

Beasley Allen Camp Lejeune Litigation Team

The following Beasley Allen lawyers are members of our Camp Lejeune Litigation Team: Jeff Price, Ryan Kral, William Sutton, Tucker Osborne, Elizabeth Walden, Travis Chin, Saima Khan, Wesley Merillat, Miland Simpler, Khadiga Carr, Will Jones, Connor Chase, Sarah Grace Strength, and Rylee Buzbee.

Rhon Jones, who heads our Toxic Torts Section, is heavily involved in all aspects of the litigation, including serving on the Resolution Committee. Rhon is also in leadership as a member of the Plaintiff’s Executive Committee.

The lawyers on our litigation team are available and would be honored to work with other law firms on their claims. You can contact Tracie Harrison, Director of our Toxic Torts Section. She will have one of the lawyers on the Litigation Team respond to you.

SEXUAL ASSAULT LITIGATION

Senators Back Child Sex Abuse Suit Against Roblox And Discord

Three U.S. senators have weighed in on a closely watched case testing whether tech platforms can force child sexual abuse survivors into private arbitration instead of open court.

Sens. Dick Durbin, Richard Blumenthal, and Kirsten Gillibrand filed an amicus brief with California’s First Appellate District, urging the court to reject Roblox Corp. and Discord Inc.’s bid to compel arbitration in a suit brought by a 13-year-old identified as John Doe. The suit alleges Roblox misrepresented its platform’s safety, failed to implement reasonable safeguards against child exploitation, and allowed a predator to identify, groom, and contact the minor directly, and that Discord ignored similar predatory activity on its own platform.

The brief centers on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which bars companies from forcing arbitration in sexual assault claims. A California Superior Court had judge already ruled the EFAA applies here. On appeal, the senators argue that Congress gave the EFAA sweeping scope, and nothing in the statute limits its protections to cases where a company or its employees committed the abuse. Limiting the law that way, they contend, would undercut its purpose of stopping companies from using arbitration to keep abuse claims out of public view.

Roblox already faces numerous similar suits in multidistrict litigation and has indicated it will seek arbitration in many of those cases too. The appellate court’s ruling could shape that broader litigation, since it goes to whether platforms can use arbitration clauses to keep survivors and families out of court.

Beasley Allen continues to monitor this litigation as part of the firm’s work representing families harmed by online child exploitation. If you have questions or need help with a case, contact Leighton Johnson, a lawyer in our Mass Torts Section.

MOTOR VEHICLE AND TRUCKING LITIGATION

Beasley Allen Expands Trucking Team Across Multiple Offices

When a commercial truck crashes into a passenger vehicle, the consequences can be devastating. Because of their size and weight, tractor-trailers and other large trucks often cause serious injuries and can forever change the lives of victims and their families.

Our Trucking Litigation Team helps people seek justice after serious truck accidents. With lawyers across our office locations, our firm has handled trucking cases across the country and recovered significant results for our clients. The team works to uncover the truth, hold trucking companies accountable, and help families move forward after a devastating loss.

Meet the Trucking Litigation Team

Chris Glover

As Managing Attorney of our Atlanta office, Chris Glover has built a national reputation handling trucking and wrongful death cases. He is known for uncovering critical evidence that trucking companies often fight to keep hidden.

LaBarron Boone

LaBarron Boone represents people and families affected by serious truck accidents and fatal crashes. He works to hold trucking companies accountable when unsafe decisions lead to preventable injuries and deaths.

Stephanie Monplaisir

Stephanie Monplaisir helps investigate serious truck crashes and works with clients who have suffered life-changing injuries. She helps investigate and build cases designed to uncover the full story behind a crash.

Evan Allen

Evan Allen works closely with clients and litigation teams in personal injury matters. His practice focuses on trucking cases involving serious injuries, wrongful death, and claims against commercial carriers.

Warner Hornsby

Warner Hornsby helps injured victims and families pursue justice after devastating crashes. His work focuses on investigating accidents, gathering evidence, and helping clients rebuild their lives.

A Team Built for Serious Trucking Cases

Serious truck accident cases often require more than a standard investigation. Our Trucking Litigation Team works with experienced investigators and accident reconstruction experts to uncover what happened, preserve important evidence, and identify everyone responsible for a crash.

Working together, the team investigates crashes involving 18-wheelers, delivery trucks, construction vehicles, logging trucks, tanker trucks, and other commercial vehicles.

Injured in a Truck Accident?

If you or a loved one has been injured in a truck accident, it is important to act quickly. Evidence can disappear, vehicles can be repaired, and records can be lost over time.

Lawyers on our team have the experience and resources to take on trucking companies (regardless of size) and their insurance carriers. When safety failures lead to serious injuries or loss of life, our team works to hold the responsible parties accountable and help families move forward.

If you have questions or need help with a trucking case, contact Sloan Downes, Director of our Personal Injury & Products Liability Section. Sloan will have a lawyer on our Litigation team respond to you immediately.

Mobile Office Investigates Vehicle Rollover Involving Roof Crush

Rollover crashes are among the most dangerous crashes on the road. When a vehicle’s roof collapses during a rollover, it can reduce the space occupants need to survive and may lead to catastrophic injuries. Our firm has handled a number of these cases over the past few years.

Although rollover crashes make up a relatively small percentage of traffic accidents, they account for a disproportionate number of roadway deaths. According to statistics collected by the National Highway Traffic Safety Administration from 2014 to 2018, only two percent of vehicles involved in traffic accidents rolled over, yet rollover crashes accounted for 24 percent of all fatalities.

Automakers have made important safety improvements to help prevent rollovers and protect occupants, including lower centers of gravity, wider track widths, electronic stability control, improved seat belt designs, curtain airbags, and other passive safety systems.

But one critical safety issue remains: the need to preserve occupant survival space. If a vehicle’s roof crushes into the occupant compartment during a rollover, even the best seat belt or airbag system may not be enough to prevent serious injury or death.

Roof strength has long been recognized as an important vehicle safety issue. In the 1970s, the National Highway Traffic Safety Administration adopted Federal Motor Vehicle Safety Standard 216 to set minimum roof-strength requirements. The original standard required a vehicle’s roof to withstand 1.5 times the vehicle’s gross weight. In 2009, that requirement was increased to 3 times the vehicle’s weight under FMVSS 216a. Research has shown that stronger roofs can reduce the risk of severe injury for non-ejected occupants, but serious roof-crush injuries continue to occur.

While stronger standards were an important step forward, today’s materials, engineering practices, and safety technology make roof collapse in foreseeable rollover crashes a preventable hazard. Those concerns are at the center of our Mobile office’s current investigation.

The Beasley Allen Mobile office is investigating a rollover and roof-crush accident involving a Toyota 4Runner. It is apparent that the vehicle’s roof structure failed to maintain adequate occupant survival space during the crash. The investigation is examining whether the vehicle’s design, roof-strength performance, and available safety technology were sufficient to protect occupants in a foreseeable rollover. Beasley Allen is continuing to review similar incidents involving rollover and roof crush crashes.

If you have questions or need help with a case, contact Evan Allen, a lawyer in our Mobile office. He will be glad to work with you.

The Broker Transaction File: A Key Source Of Evidence In Georgia Trucking Litigation

Georgia has become one of the nation’s largest transportation and logistics hubs. A substantial volume of freight moves through the Peach State every day. As transportation networks have become more complex, determining responsibility after a truck crash has become more difficult. When a commercial trucking collision occurs, the investigation often begins with the driver and motor carrier. However, modern freight transportation rarely involves only those two entities. Loads frequently pass through brokers, logistics providers, freight platforms, and other intermediaries before a truck reaches the roadway.

A broker is the party that arranges the “transportation of property by an authorized motor carrier.” 49 C.F.R. § 371.2. Not every load moves through a broker. When one does, the broker maintains a record of each transaction pursuant to 49 C.F.R. § 371.3. These records are required to show:

• The name and address of the consignor;
• The name, address, and registration number of the originating motor carrier;
• The bill of lading or freight bill number;
• The amount of compensation received by the broker for the brokerage service performed and the name of the payer;
• A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and
• The amount of any freight charges collected by the broker and the date of payment to the carrier.

49 C.F.R. § 371.3(a).

These records can be helpful when building a case against the different entities involved in the transaction and transportation of a freight load. They reveal which carrier the broker selected and can reflect what the broker knew or should have known about that carrier’s safety record at that time. They may also show who controlled the driver’s schedule and route, along with other facts that support vicarious liability or negligence claims.

The records could indicate whether the load was transported in a way that complied with the broader trucking regulatory framework, including hours of service limits, truck maintenance requirements, and driver training and supervision.

If you have questions about how broker records can be useful in litigation, about trucking accidents more broadly, or about which entities involved in the transportation industry may be liable in a trucking accident, contact Sloan Downes, Director of our Personal Injury & Products Liability. She will have a lawyer in the section respond to you.

Tesla Settles Lawsuit Over Fatal Crash Involving Autopilot

Tesla has agreed to settle a lawsuit alleging its Autopilot technology and marketing of self-driving capabilities contributed to a 2023 crash that killed driver Genesis Mendoza Martinez and seriously injured passenger Caleb Mendoza.

The case involves a February 2023 collision in California in which a Tesla Model S, said to have been operating with Autopilot engaged, crashed into a parked fire truck. The plaintiffs claimed Tesla misrepresented the capabilities of its Autopilot and Full Self-Driving features, leading drivers to place too much trust in systems that function as Level 2 driver-assistance technology and still require active driver supervision.

Settlement terms were not disclosed. The resolution came just weeks before a jury trial was scheduled to begin. The Mendoza family originally filed suit in 2024, alleging Tesla knowingly overstated the safety and capabilities of its driver-assistance technology.

The settlement follows a 2025 ruling in which a federal judge allowed key claims against Tesla and CEO Elon Musk to proceed. The court found that Tesla’s use of the term “Autopilot,” its promotional materials, and statements by Musk could plausibly mislead consumers about the technology’s capabilities and safety.

The family is represented by Brett J. Schreiber, Srinivas Hanumadass and Carmela Birnbaum of Singleton Schreiber LLP.

The case is Mendoza et al. v. Tesla, Inc., case number 3:24-cv-08738, in the U.S. District Court for the Northern District of California.

Source: Law360

MOTOR VEHICLE RECALLS

September Motor Vehicle Recalls

Vehicle recalls continue to play an important role in protecting consumers from dangerous defects that can lead to crashes, injuries, and fatalities. The National Highway Traffic Safety Administration (NHTSA) regularly issues recall notices when manufacturers identify safety-related defects or determine that vehicles fail to comply with federal safety standards. Consumers should take recalls seriously and ensure repairs are completed as quickly as possible.

Several significant recalls were announced in September involving major automakers and safety systems that drivers rely on every day:

• General Motors recalled certain Buick Encore GX, Buick Envista, Chevrolet Trailblazer, and Chevrolet Trax vehicles because the rearview camera may display a distorted image or fail to display an image altogether.
• Ford recalled certain Mustang Mach-E vehicles due to software issues that may increase the risk of power loss or fire. Additional recalls involve airbag-related concerns in certain Bronco and Explorer models.
• Volkswagen and Audi recalled certain Tiguan, Atlas, and Q3 vehicles because a steering rack mounting bolt may fail, potentially resulting in a loss of steering control.
• Volkswagen also recalled certain 2025 Tiguan vehicles due to a software defect that may cause a vehicle stall, loss of exterior lighting, and loss of the rearview camera display.
• Hyundai recalled certain 2026 IONIQ 9 vehicles because power-operated rear seats may fail to properly detect an occupant, creating an entrapment hazard.
• Jeep recalled certain Wagoneer and Grand Wagoneer models because roof rack crossbars may detach while the vehicle is in motion, creating a hazard for motorists.

Consumers should regularly check for open recalls and have recall repairs completed promptly. Recalls involving steering systems, airbags, cameras, fire risks, and crash-avoidance technology underscore the importance of holding manufacturers accountable when safety defects put motorists at risk. Drivers can determine whether their vehicles are subject to an open recall by searching their VIN through NHTSA’s recall database.

At Beasley Allen, we continue to monitor recalls and investigations involving vehicle defects and automotive safety issues nationwide.

PRODUCT LIABILITY

A Look At The Surge Of Motor Vehicle Product Liability Lawsuits

There is a new Lex Machina report showing that motor vehicle product liability lawsuits have increased dramatically over the past decade. This surge mirrors a rise in vehicle recalls and the growing complexity of automotive technology. Our firm has been involved in product liability litigation for a long time. Our lawyers have witnessed this increase in litigation. Let’s take a look at what the report reveals.

From 2016 to 2025, federal product liability lawsuits involving motor vehicles jumped nearly 270%, rising from 890 cases to 3,281. Vehicle cases accounted for about half of all non-MDL product liability filings in 2025. Much of this growth has been linked to newer vehicle technologies, including crash-avoidance systems, navigation features, and lithium-ion batteries.

Most vehicle-related claims involve warranty disputes seeking compensation for economic losses rather than personal injury. California remains the center of this litigation, with more federal vehicle cases filed there than in all other federal courts combined during the past decade.

While warranty claims dominate the landscape, personal injury lawsuits tied to vehicle defects have also increased. After pandemic-related slowdowns, injury filings have climbed steadily, reaching 446 cases in 2025, with 260 already filed during the first half of 2026.

General Motors, Ford, Mercedes-Benz, FCA US, and Nissan were the most frequently sued automakers from 2023 through 2025. Hyundai and Kia, meanwhile, saw significant multidistrict litigation activity related to allegations that certain vehicle features made their cars more vulnerable to theft.

The report also found that product liability litigation overall remains one of the busiest areas in federal court, surpassing intellectual property, labor and employment, and civil rights filings combined from 2023 to 2025. Non-MDL product liability filings reached a decade-high 5,692 cases in 2025.

On the MDL front, filing volumes have normalized following spikes driven by major litigations such as the 3M combat earplug cases and Johnson & Johnson talc litigation. However, new large-scale MDLs involving GLP-1 medications and allegations against the online gaming platform Roblox are contributing to continued activity in the space.

The report highlights a highly active plaintiffs’ bar and defense bar, with vehicle warranty litigation, PFAS lawsuits, pharmaceutical claims, and emerging technology-related cases continuing to shape product liability practice nationwide.

Source: Law360

Acetaminophen MDL Named Mid-Year Top Product Liability Cases To Watch

Law360 recently named the Acetaminophen MDL as one of the top product liability cases to watch in 2026. In its midyear report, the publication stated that this landmark ruling emphasized the legal standards for expert testimony and cautioned that the decision was not political or scientific.

This report comes after the Second Circuit Court of Appeals overturned the multidistrict litigation (MDL) ruling excluding plaintiffs’ general causation experts, finding that the MDL court exceeded its role as a gatekeeper by excluding these experts. The opinion, published in July, was remanded to the MDL court for further proceedings. The parties await a new scheduling order to move the cases forward.

Beasley Allen lawyers Roger Smith, Mary Cam Raybon, and Leighton Johnson continue to actively investigate cases involving prenatal acetaminophen use with adverse neurodevelopmental outcomes such as autism and ADHD, with Roger Smith serving as the MDL’s Chair of Science and Experts.

If you have questions or need help with a case, contact Melissa Prickett, Director of our Mass Torts Section. She will have one of the lawyers respond to you.

The Hidden Danger Above: What Automakers Know About Roof Crush

Vehicle rollovers are not inherently deadly. Crash energy in a rollover dissipates over seconds and feet — far gentler than a frontal impact at the same speed. The crash forces are generally survivable for a seat-belted occupant, provided the protective structure of the roof maintains its shape and strength.

Beasley Allen currently represents a 23-year-old who ran over black ice at approximately 30 mph causing his truck to lose control. The truck rolled once — a single roll and had slowed to around 14 mph at the time the vehicle rolled, striking nothing but the flat road itself. Yet the roof collapsed nearly a foot into the cab, buckling his cervical spine and leaving him with devastating injuries. Testing showed the same truck, reinforced internally at modest cost, crushed less than an inch under identical conditions — a 94% reduction.

Unfortunately, his story is not unique. Our lawyers have handled numerous roof crush cases across many manufacturers, and we have seen the same pattern again and again: needless deaths and catastrophic injuries in crashes that should have been walk-away events. Manufacturers have understood the danger for decades. Since the 1960s, engineers have designed around a “survival space” that must not be invaded in a rollover. Internal studies have repeatedly shown roofs can be dramatically strengthened for as little as $50–$100 per vehicle. The fixes are not exotic: stronger steel, closed sections, internal reinforcements.

If you or a loved one suffered serious injury in a rollover, the roof’s failure may not have been an accident at all — it may have been a design choice. Those choices have consequences, and families deserve answers.

If you have questions or need help with a case, contact Dana Taunton, a lawyer in our Personal Injury & Products Liability Section. She will be glad to work with you.

AVIATION LITIGATION

Aviation Advocates: Two Flight Disasters, One Mission

When a plane crash happens, the impact reaches far beyond the airport or crash site. Families are left grieving and searching for answers. That is the reality facing families affected by Air India Flight 171 and Jeju Air Flight 2216, two aviation disasters that remain under investigation. Our team represents the families of more than 140 victims impacted by the Air India crash, including passengers and individuals on the ground, as well as the families of more than 60 victims who lost their lives in the Jeju Air Flight 2216 tragedy, which claimed 179 lives.

Recently, Mike Andrews, who leads our firm’s Aviation Litigation Team, traveled to South Korea to meet with affected families and learn more about the circumstances surrounding the crash.

What Makes Aviation Cases So Complex?

Aviation crashes rarely have a simple explanation. Investigations can take months or even years and often involve reviewing large amounts of technical data and evidence.

Investigators may examine:

• Aircraft design and performance
• Maintenance and inspection records
• Airport operations and infrastructure
• Airline safety programs
• Pilot actions and training
• Federal and international safety requirements

Many families are left waiting for answers while these investigations unfold. Understanding what happened, and whether it could have been prevented, is often an important part of moving forward.

Experience in Aviation Litigation

Mike Andrews has spent years handling aviation cases involving commercial airline disasters, aircraft failures, and other serious aviation incidents. Throughout his career, he has worked with families affected by some of the most challenging aviation cases in the country, helping uncover critical facts and pursue accountability. Mike has been recognized as one of the nation’s leading aviation attorneys and is the author of Aviation Litigation & Accident Investigation.

Looking for Answers

For many families, finding out what happened is just as important as determining who may be responsible. As investigations into Air India Flight 171 and Jeju Air Flight 2216 continue, our focus remains on helping families understand the facts, explore their legal options, and seek answers after devastating losses.

If you have questions, or need help with a case, contact Mike Andrews. He will be glad to work with you.

FCA AND WHISTLEBLOWER LITIGATION

Eleventh Circuit Upholds FCA Qui Tam Provisions Against Appointments Clause Challenge

In United States ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581 (11th Cir. Sept. 1, 2026), the United States Court of Appeals for the Eleventh Circuit held that the qui tam provisions of the False Claims Act (FCA) does not violate the Appointments Clause of Article II. The court concluded that private whistleblowers, known as relators, are not “Officers of the United States” because they do not occupy a continuing position established by law. The Eleventh Circuit therefore, vacated the dismissal of the action and remanded the case for further proceedings.

Clarissa Zafirov, a physician, filed the qui tam action in 2019 against Florida Medical Associates, LLC, doing business as VipCare, and several related entities. She alleged that the defendants knowingly submitted false diagnosis codes to obtain Medicare payments exceeding the amounts to which they were entitled. After several years of litigation, the defendants moved for judgment on the pleadings or dismissal, arguing that the FCA’s qui tam provisions violated the Appointments Clause, Take Care Clause, and Vesting Clause. The district court accepted the Appointments Clause challenge and dismissed the case without addressing the defendants’ remaining constitutional arguments.

The Eleventh Circuit disagreed with the district court’s conclusion that FCA relators occupy a continuing governmental position. Applying the framework described in Lucia v. SEC, 585 U.S. 237 (2018), and relying on United States v. Germaine, 99 U.S. 508 (1879), and Auffmordt v. Hedden, 137 U.S. 310 (1890), the court examined the relator’s tenure, duration, compensation, and duties. It determined that a relator’s role is temporary and confined to a particular case, that any recovery is contingent rather than continuing compensation, and that the relator’s duties are personal and generally cannot be transferred to a replacement relator. Because the continuing-position requirement was not satisfied, the court did not decide whether relators exercise “significant authority” under federal law.

The decision aligns the Eleventh Circuit with the Fifth, Sixth, Ninth, and Tenth Circuits, whose decisions the court cited in rejecting the Appointments Clause challenge. The ruling preserves the relator’s ability to pursue the present FCA action, but it does not resolve every constitutional challenge defendants raised to the qui tam provisions. On remand, the district court must consider the defendants’ separate arguments under the Take Care Clause and Vesting Clause.

While this decision was expected, the notion that the FCA is unconstitutional is a complete fabrication and fallacy created by corporate wrongdoers who have been on the wrong side of the False Claims Act. Unfortunately, it was spurred on by U.S Supreme Court Justice Thomas. The Act has been around since the Civil War and has been instrumental in preventing fraud on the government and recovering hundreds of billions of dollars of taxpayer funds that were wrongfully obtained by false claims. It’s refreshing to see the courts resist these politically motivated issues but demonstrates why lawyers need to continue to be vigilant in defending our laws and constitution.

Our Whistleblower Litigation Team continues the vigilant fight to keep our tax dollars safe from “fraudsters” involved in government contracts. If you have questions or need help with a case, contact one of the lawyers on the team: Lance Gould, Larry Golston, Leon Hampton, Lauren Miles or Jessi Haynes at www.beasleyallen.com. Even better, contact Michelle Fulmer, Director of our Consumer Fraud & Commercial Litigation Section. She will have one of the lawyers on the team respond to you.

The Beasley Allen Whistleblower Litigation Team

Beasley Allen lawyers continue to represent whistleblowers in litigation around the country. Claims are being made against multiple bad actors in the corporate world. If you are aware of fraud being committed against the federal or state governments, you could be rewarded for reporting the fraud.

If you have questions about whether you qualify as a whistleblower or need help with a case, a Beasley Allen lawyer will be glad to make a free and confidential evaluation of your claim.

Lawyers on our Whistleblower Litigation Team are: Lance Gould, Larry Golston, Lauren Miles, Leon Hampton, Jessi Haynes, and Tyner Helms. You can contact a lawyer on the team. You can also contact Michelle Fulmer, Director of our Consumer Fraud & Commercial Litigation Section and she will have a lawyer on the team respond to you.

SECURITIES AND ANTITRUST LITIGATION

Private Fund Execs Charged In $100 Million Ponzi-Like Scheme

On September 1, 2026, Executives of a California-based loan origination business and its affiliates were hit with securities violations and criminal charges by the U.S. Securities and Exchange Commission and the U.S. Attorney’s Office in federal court over an alleged Ponzi-like scheme that raised over $100 million from unwitting investors, many of them senior citizens.

In a 20-page complaint filed in the Northern District of California, the SEC accused Mark D. Hanf, the founder and CEO of Pacific Private Money Group LLC (PPMG), and Hoia-Nam Chu Phan, COO of a PPMG subsidiary, of violating federal securities laws in a scheme spanning from December 2021 to November 2025. PPMG claimed to offer investors consistent returns through real estate loan investment funds, including the Pacific Private Money Fund I and Pacific Freedom Fund. When PPMG and the funds filed for bankruptcy in June 2026, the complaint alleges it owed investors $121 million but had less than $17 million in assets remaining.

On the same date the complaint was filed, the SEC also asked the court to enter proposed consent judgments as to both Hanf and Phan, which would fully resolve the SEC’s claims against both defendants, except as to the amount in monetary remedies, which will be decided by the Commission. As part of the proposed judgments, Hanf and Phan have agreed to be permanently barred from violating the charged provisions of federal securities laws and from directly or indirectly participating in the issuance, purchase, offer, or sale of any security, except for their own personal accounts. It’s alleged by the SEC:

PPMG’s subsidiary, Pacific Private Money Inc., claimed to offer consistent returns through PPMG’s real estate loan investment funds.

Both defendants offered securities to investors in the Pacific and Freedom funds in the form of membership interests in those LLC’s.

Hanf and Phan told investors that the capital in both funds would be used to originate or buy loans secured via real estate, and that they could expect to receive preferred or fixed return rates from the funds’ real estate lending activities.

In reality, defendants regularly used Pacific Fund and Freedom Fund investor capital to pay distributions and redemptions to earlier investors.

The returns that defendants promised were sourced largely from new investor money rather than from the Pacific Fund’s and Freedom Fund’s earnings connected to their respective real estate lending business.

Hanf and Phan violated securities laws in two ways. First, Hanf ended up misappropriating at least $7 million of the investors’ money for his personal use without telling investors.

From at least April 2021 to July 2025, Hanf misappropriated at least $7 million by moving money from Pacific and Freedom to Hanf Capital, which he created and owned.

Hanf Capital didn’t do any work for PPMG or its fund affiliates, but rather, served Hanf’s own interests.

Hanf sometimes moved investor money from Pacific and Freedom through another entity he controlled that wasn’t affiliated with PPMG and to a lesser extent, his own personal bank account.

Hanf used the money in his capital account to acquire, construct, service debt on, and pay property taxes on various real estate holdings, while increasing his personal equity stake in a new PPMG fund.

Hanf also spent the money to invest in a purported crypto asset venture and make home mortgage and his personal credit card payments.

The second way the defendants violated securities laws was by omissions related to PPMG. SEC alleged that the Pacific Fund became unprofitable in 2021 when many of the underlying loans it held quit paying. Likewise, in 2022, the Freedom Fund became unprofitable due to non-performing loans and rising interest rates. Yet, Hanf and Phan continued to solicit further investments without telling investors that PPMG’s income was insufficient to cover expenses, let alone investor distributions or redemptions. The fact that an investment fund is not making a profit is a material fact that sellers have a duty to disclose to investors under state and federal securities laws.

The U.S. Attorney’s Office for the Northern District of California has also levied criminal charges against both Hanf and Phan, accusing the men of conspiracy to commit wire fraud and engaging in money transactions in property derived from specified unlawful activity.

The U.S. Attorney’s Office of the Northern District of California’s criminal information also alleged that, starting in 2013, Hanf raised funds from investors for PPMG, and that two years later, Phan began working with Hanf to raise funds from investors. Hanf, Phan and others working under Hanf’s direction told investors that all loans originated by PPMG, the Funds, and related entities would be secured by real property, and that investors could redeem their initial investment and accrued dividends within 30 days without penalty, the government’s criminal information alleged.

While Phan pled not guilty at his initial appearance before U.S. Magistrate Judge Lisa J. Cisneros, the court scheduled a change of plea hearing for Sept. 23. Hanf, too, pled not guilty to the charges in the criminal information, but a change of plea hearing is set for Sept. 30. Jason Lee, associate director of the SEC’s San Francisco Regional Office, stated:

This alleged scheme began to unravel in the fall of 2025 as numerous investors demanded to withdraw their money and the defendants did not have sufficient funds to satisfy those requests.

Lee added that the assets remaining, roughly fourteen cents on the dollar, are “devastating losses for so many investors.”

The civil case is Securities and Exchange Commission v. Mark D. Hanf et al., case number 3:26-cv-09298, in the U.S. District Court for the Northern District of California.

The criminal case is US v. Mark Hanf et al., case number 3:26-cv-00434, in the U.S. District Court for the Northern District of California.

It’s quite evident that Ponzi schemes are on the rise. Beasley Allen lawyers are currently working on three different fraudulent investment scams that are of the same Ponzi scheme nature. If you have been a victim of a fraudulent investment scheme and need to speak with someone about it, feel free to contact James Eubank, a lawyer in our Consumer Fraud & Commercial Litigation Section, for a free consultation.

FTC And Texas Target Amazon’s Ad Auctions: A Playbook Worth Watching

On August 31, 2026, the FTC and eighteen state AGs sued Amazon in the Western District of Washington; Texas filed a parallel DTPA action in Collin County. Both allege the same core scheme: Amazon told advertisers it ran a “second price” auction, winners pay one cent more than the runner-up bid, while secretly substituting a higher, self-calculated price after the auction closed. Amazon called this a “soft reserve”; the complaints call it a shill bid.

The FTC complaint alleges the practice began in 2018, extracting over $20 billion via undisclosed surcharges across Sponsored Products, Sponsored Brands, and Sponsored Display. Texas alleges billions in surcharges in 2024 alone and pleads six alternative per-violation theories under DTPA §17.46, seeking up to $10,000 per violation plus restitution and fees.

Both complaints emphasize a structural feature that transcends this case in the form of information asymmetry as the enabling mechanism. Advertisers received blended invoices, not per-auction records, making the misrepresentation nearly undetectable from outside until internal documents later surfaced.

For litigators, the pattern is instructive beyond Amazon. Any platform running opaque, algorithmically mediated pricing or matching like ad exchanges, algorithmic pricing tools, or dynamic marketplaces creates similar potential exposure. UDAP and DTPA-style claims increasingly hinge on that gap between the advertised rule and the undisclosed override, not on any single price being “too high.”

Beasley Allen lawyers closely follow consumer protection act and anticompetitive violations, including the cases mentioned above. If you have any clients impacted by these or similar deceptive or anticompetitive behavior, contact Beasley Allen lawyers Dee Miles, Rebecca Gilliland, or Lauren Miles.

Sources: FTC et al. v. Amazon.com, Inc., Complaint (W.D. Wash., filed Aug. 31, 2026); Texas v. Amazon.com, Inc. et al., Original Petition (Collin Cnty. Dist. Ct., filed Aug. 31, 2026).

EMPLOYMENT LITIGATION

When “Performance Problems” Appear Only After An Employee Reports Misconduct

One of the most common patterns in employment retaliation cases is also one of the easiest to miss: an employee with a strong work history suddenly develops “performance problems” immediately after reporting misconduct.

The issue is not whether an employer has the right to discipline employees. The question is whether the justification appeared only after the protected activity occurred. Plaintiff lawyers evaluating a referral should pay close attention when an employee reports harassment, discrimination, safety concerns, wage violations, or other misconduct and then quickly becomes the subject of counseling memos, negative evaluations, write-ups, or heightened scrutiny.

Other warning signs include exclusion from meetings the employee previously attended, removal from projects or responsibilities, sudden changes in reporting structure, or shifting explanations for adverse employment decisions. In many cases, the employer’s stated reason for termination changes over time or is inconsistent with earlier performance reviews.

Timing alone does not prove retaliation, but temporal proximity often provides a starting point for further investigation. Personnel files, performance evaluations, emails, text messages, and witness interviews may reveal whether the employer’s explanation is supported by objective evidence or was developed after the employee engaged in protected activity.

When a potential client comes in, recognizing these patterns early can make a significant difference. What initially appears to be a routine employment dispute may involve unlawful retaliation, particularly when the employer’s criticism begins only after the employee speaks up.

Our Employment Litigation Team is available for free consultation on any issues involving violation of an employee’s rights. The team consists of Jessi Haynes, Larry Golston, Leon Hampton and Lauren Miles. They will be glad to answer any questions you may have about employment law and your rights in the workplace.

If you have questions or need help with a case, contact Michelle Fulmer, Director of our Consumer Fraud & Commercial Litigation Section. She will have one of the lawyers on the team respond to you.

INSURANCE LITIGATION

Dallas County Jury Returns $1 Million Verdict For Family In UIM Case

A crash can change a family’s life in an instant. But what happens when the at-fault driver’s insurance is not enough to cover the harm caused? A recent case handled by our firm is a classic example of how to handle this type of situation.

That exact question was at the center of a recent Dallas County case in which a jury awarded a Mississippi mother and her two daughters $1 million in an underinsured motorist (UIM) claim against Progressive. Beasley Allen attorneys Warner Hornsby and Gavin King secured the verdict in the trial involving injuries that had not been immediately visible but had a lasting impact on the family’s daily lives.

The case stemmed from a November 2021 crash in Selma. Another driver failed to yield and turned in front of our family’s vehicle, causing a collision on U.S. Highway 80.

Several years later, testing revealed hearing loss for the mother and her two daughters. After hearing the evidence, the jury returned a verdict awarding:

• $500,000 to the youngest daughter;
• $250,000 to the mother; and
• $250,000 to the older daughter.

What Made This Case Different?

Many car accident lawsuits involve visible injuries such as broken bones, surgeries, or lengthy hospital stays. This case was different.

The family’s claims focused entirely on hearing loss, which was caused by the vehicle’s airbag deployment during the crash. There were no claims involving fractures, surgical procedures, or other physical injuries typically seen in serious collision cases.

The verdict shows that juries recognize that not all serious injuries are visible and can be seen. Conditions such as hearing loss can affect communication, education, work, and overall quality of life long after a crash is over.

It’s important for trial lawyers to understand Underinsured Motorist Coverage. Many drivers assume the at-fault driver’s insurance policy will fully cover their losses after a crash. Unfortunately, that is not always the case. What is Underinsured motorist coverage, often called UIM coverage? It comes into play when the person who caused the crash does not have enough insurance to pay for all damages incurred. Underinsured Motorist Coverage on the victim’s vehicle can protect the injured party in such claims.

Depending on the policy, UIM coverage can help compensate victims for their losses and damages. That would include:

• Physical injuries
• Pain and suffering
• Medical expenses
• Lost income

If you have questions or need help with a UIM case, contact Warner or Gavin. They will be glad to work with you.

PREMISES LIABILITY

Understanding Nondelegable Duties In Premises Liability

When someone gets hurt on a property, owners often try to distance themselves from the situation by blaming a third party—usually an independent contractor. Georgia law does say that employers are generally not responsible for a contractor’s negligence under O.C.G.A. § 51-2-4. But the law also recognizes that some responsibilities are simply too important to hand off. These are known as nondelegable duties, and when they apply, the property owner stays on the hook.

A nondelegable duty means the owner can hire someone else to do the work, but they can’t hire someone else to take the blame. Under O.C.G.A. § 51-2-5, an owner may still be liable when:

The work is inherently wrongful or creates a nuisance.

The work is dangerous by nature, even if done carefully.

A contract places a duty directly on the employer.

A statute imposes a duty that isn’t met.

The employer controls how the work is done—the timing, method, or manner.

The employer approves or “ratifies” the contractor’s wrongful act.

These exceptions matter because they prevent businesses from escaping accountability by outsourcing risky or essential tasks. If a contractor is brought in for maintenance, security, construction, inspections, or similar work, it’s worth asking whether a nondelegable duty applies. When it does, the property owner can still be held responsible—even if they never personally touched the work that caused the injury.

Spotting these situations early can make a major difference, especially when the contractor has limited resources and the true responsibility lies with the party that hired them.

Personal Injury attorneys at Beasley Allen have extensive experience handling complex premises liability cases. If you have a matter that may involve a premises liability claim, our attorneys are available to review the case and help determine the best course of action.

If you have questions or need help with a case, contact Ken Wilson, a lawyer in our Personal Injury & Products Liability Section. Ken is in our Atlanta office. Ken will be glad to work with you.

WORKPLACE LITIGATION

Worker’s Compensation Claims Are Just The Beginning

Most lawyers know two things about worker’s compensation claims: First, that worker’s compensation does not provide nearly enough compensation for the sometimes life-altering injuries people have suffered, and will continue to suffer while working. And second, that worker’s compensation laws provide immunity from suit against an injured employee’s employer.

In this more specialized and more complicated world, though, the employee is almost never solely interacting with their employer. There are almost always third parties involved, whether it’s maintenance, repair, machinery, delivery, or any of a number of other reasons another company might be involved at your client’s place of work.

So far this year, Beasley Allen has secured more than $35 Million in settlements related to injuries sustained on the job – in cases that started off as worker’s compensation claims. Some of these cases involved pure tragedies, like toxic exposure leading to death. Some have been nothing short of heroic acts in the face of dangerous situations that led to injury. But each case settled had one thing in common; they all were referred to Beasley Allen as worker’s compensation claims.

When a potential client comes to you with a serious injury sustained on the job, it may seem obvious to refer them to a worker’s compensation attorney immediately. However, worker’s compensation claims can provide significant benefit to a hidden third-party claim. For example, a claim that may otherwise be removed to Federal Court may succeed in remaining closer to your client’s home in state court if the worker’s compensation claim is brought simultaneously. This is an option that would be lost should the worker’s compensation claim be settled before a third-party claim is properly investigated.

Anytime someone is injured on the job, a proper third-party claim must be investigated. Without it, it’s likely that worker’s compensation benefits will fail to provide adequate justice and deny an injured person the chance at getting their life back on track.

If you have questions or need help with a case, contact Sloan Downes, Director of our Personal Injury & Products Liability Section. She will have a lawyer in the Section respond to you.

Class Action Litigation

Update On The Toyota 8-Speed Transmission Litigation

Beasley Allen lawyers Dee Miles, Demet Basar, Clay Barnett, Mitch Williams, Dylan Martin, and Trent Mann have filed a class action lawsuit against Toyota related to defects in its popular 8-speed transmissions. Toyota and its transmission supplier, Aisin Corporation, have equipped millions of Toyota and Lexus vehicles with the UA80 8-speed automatic transmission since 2017. The UA80 was redesigned to be lighter and more compact than the 6-speed it replaced, but the redesign introduced two serious defects.

Our lawsuit alleges Toyota and Aisin knew about and concealed from consumers: a mechanical defect that generates excessive internal heat, burning transmission fluid and accelerating premature wear on the torque converter and clutch packs; and a software defect that forces premature upshifts and improper torque-converter clutch engagement, compounding the damage.

Owners have experienced harsh shifting, whining noises, power loss, and complete transmission failure — often before 60,000 miles — with replacement costs exceeding $9,000. Affected vehicles include popular Toyota models such as the Highlander, Grand Highlander, Camry, Sienna, Avalon, and RAV4, as well as Lexus models from the RX, ES, NX, and TX series, spanning model years 2017 through 2026.

History of the Litigation

Our firm filed the original class action — Natale, et al. v. Toyota Motor Corporation, et al., No. 2:25-cv-06150-JMA-ARL — on November 4, 2025, in the U.S. District Court for the Eastern District of New York before the Honorable Joan M. Azrack. Three related class actions followed, filed by other firms: Pallaya, LeBoutheller, and Pszwaro. We worked cooperatively with counsel in each of those cases to consolidate the litigation. On July 17, 2026, Judge Azrack entered an Order Consolidating Related Civil Actions, making Natale the master file. The Master Consolidated Class Action Complaint was filed on July 27, 2026.

Leadership Structure

Following consolidation, counsel from the consolidated cases submitted a proposed Plaintiffs’ Executive Committee to Magistrate Judge Arlene R. Lindsay. On September 10, 2026, Judge Lindsay approved the structure in full under Rule 23(g)(3). Dee Miles of Beasley Allen serves as the leader of the case as Executive Committee Chair. The committee also includes Timothy G. Blood of Blood Hurst & O’Reardon, LLP; David S. Stellings of Lieff Cabraser Heimann & Bernstein, LLP; Bruce W. Steckler of Steckler, Wayne & Love, PLLC; Stephen R. Basser of Barrack, Rodos & Bacine; and Lisa R. Considine of Nagel Rice LLP.

What’s Next

Toyota and Aisin were to have submitted pre-motion-to-dismiss letters by September 25, 2026. Plaintiffs have one week to respond, after which the court will determine whether to permit the motion, which will then be fully briefed and argued. Magistrate Judge Lindsay entered a Scheduling Order on September 10, 2026, setting a discovery deadline of September 1, 2028, and a final pretrial conference for November 9, 2028. We will keep our readers updated as the litigation develops.

If you have questions or need help with a case involving a Toyota or Lexus vehicle with a UA80 8-speed automatic transmission, contact Michelle Fulmer, Director of our Consumer Fraud & Commercial Litigation Section. She will have one of the lawyers handling the litigation respond to you.

MASS TORTS LITIGATION

Hair Relaxer Litigation: MDL Discovery Against 2nd Wave Defendants Resumes

The Northern District of Illinois has entered a new case management order laying out the discovery timeline for the so-called “Second Wave” defendants in the hair relaxer multidistrict litigation (MDL). This is the clearest sign yet that this later-added track of the case is now moving forward in earnest after being stayed for months.

The MDL was split into 2 phases, or waves of defendants, with discovery against the second wave defendants having been stayed several times now. The MDL was not brought against every relaxer manufacturer at once, instead an initial group of defendants was consolidated beginning in February 2023. A second group the Second Wave defendants were added to the litigation later and have been managed on a separate procedural track under Docket No. 1911.

Three of those Second Wave defendants — Wella Operations USA, Advanced Beauty, and John Paul Mitchell Systems filed motions to dismiss and lost in February of 2025, discovery then began ramping up, however discovery against the Second Wave defendants was subsequently stayed again starting in December 2025.

That pause ended on July 24, 2026, when Judge Mary M. Rowland lifted the discovery stay (Dkt. 1984), writing that “It is time to litigate,” and that the stay on discovery as to the Second Wave defendants was lifted. Supervision of that discovery was assigned to Magistrate Judge Beth W. Jantz.

A month after the stay was lifted, Judge Jantz entered Case Management Order No. 24 on August 27, 2026, formalizing a discovery schedule agreed to by plaintiffs and the Second Wave defendants, which include: Advanced Beauty, Inc., Bronner Brothers, Inc., Dudley Beauty Corp. LLC, John Paul Mitchell Systems, Murrays Worldwide, Inc., RNA Corporation, and Wella Operations USA LLC (d/b/a the Wella Company). General discovery against these defendants will now run through July 15, 2027, with various deadlines for different aspects of the discovery taking place over the next few months. This CMO puts the Second Wave defendants on a similar path as the First Wave defendants and will continue advancing the litigation.

If you have questions or need help with a case, contact Ryan Beattie, a lawyer in our Mass Torts Section. He will be glad to work with you.

The Ozempic Litigation

The federal litigation involving GLP-1 receptor agonist medications and non-arteritic anterior ischemic optic neuropathy (NAION) continues to move forward. NAION is a serious eye condition caused by reduced blood flow to the optic nerve that can result in sudden vision loss. The litigation involves claims concerning GLP-1 medications manufactured by Eli Lilly and Novo Nordisk.

On August 27, Judge Karen Spencer Marston issued Case Management Order No. 14, establishing deadlines for early discovery and motion practice on the issues of general causation and preemption.

Under the schedule, the parties must submit proposed Plaintiff Fact Sheets by September 25, 2026, followed by Plaintiffs’ Master Complaint on October 28. Fact discovery for Lilly is scheduled to conclude December 18, 2026, with Novo fact discovery concluding February 26, 2027.

Expert discovery will follow, beginning with plaintiffs’ expert reports due March 26, 2027, and defendants’ reports due April 23. Expert depositions must be completed by June 4, 2027. Motions challenging expert testimony under Federal Rule of Evidence 702 and motions for summary judgment, along with opening briefs, are due July 2, 2027, with briefing scheduled to conclude August 31.

The order provides a framework for moving the NAION litigation through key discovery, expert, and dipositive-motion stages over the coming year. Our GLP-1 team remains dedicated to advocating for individuals affected by NAION and will continue to monitor developments in the litigation.

If you have questions or need help with a case, contact Ryan Duplechin, a lawyer in our Mass Torts Section. Ryan will be glad to work with you.

The Kratom Litigation

The City of Baltimore has filed suit against three kratom distributors—JOpen LLC, Martian Sales Inc., and Pur Botanicals LLC—alleging they violated the city’s Consumer Protection Ordinance by marketing kratom products as safe, natural alternatives to cannabis or opioids while concealing their addictive potential.

The complaint, which was originally filed in July and removed to federal court last month, contends that kratom’s active compounds, mainly mitragynine and 7-hydroxymitragynine, interact with the same brain receptors as opioids. This created similar risks of dependency and addiction.

The city argues the companies falsely blamed any adverse effects on “counterfeit” products, while claiming their own goods were pure and safe. Baltimore says ordinary consumers wouldn’t expect a product sold at gas stations to carry addiction and overdose risks, and that the companies knowingly encouraged reliance on these misleading safety claims.

The suit further accuses the defendants of running a network of shell companies to shield themselves from liability. Beasley Allen lawyers were not surprised to learn of that deceptive practice being involved.

Although the city’s complaint raises only a local consumer-protection claim and explicitly disclaims any federal or constitutional issues, the defendant companies moved the case to federal court, citing complete diversity of citizenship among the parties and damages exceeding the $75,000 jurisdictional threshold.

Baltimore Mayor Brandon M. Scott, referencing an earlier statement, said kratom is “harmful and addictive” despite being marketed as an organic supplement, calling it a public health risk and a violation of the city’s ordinance. He added that the city aims to hold the companies accountable, while also supporting residents affected by substance use.

If you have questions or need help with a Kratom case, contact Cade Crow, a lawyer in our Mass Torts Section. He will be glad to work with you.

TOXIC TORTS LITIGATION

$590 Million PFAS Settlement Marks Historic Win For North Carolina Communities

DuPont, Chemours, and Corteva have agreed to pay $590 million to resolve claims that PFAS “forever chemicals” contaminated North Carolina’s air, soil, and drinking water, resulting in the largest environmental damages recovery in state history.

The settlement stems from decades of chemical releases from the Fayetteville Works plant, which state officials say impacted communities across southeastern North Carolina and contaminated the Cape Fear River, a drinking water source for hundreds of thousands of residents.

The agreement includes a $455 million fund for the state and 11 local governments affected by the pollution, along with a separate $135 million reserve fund to help ensure ongoing compliance with a 2019 environmental consent order.

State Attorney General Jeff Jackson said the settlement will support clean water initiatives, strengthen environmental protections, and help communities address the long-term effects of PFAS contamination. The settlement also ends a years-long legal battle over the state’s authority to pursue claims against the chemical companies.

The cases are North Carolina ex rel. Jackson v. E.I. du Pont De Nemours & Co., case number 2020CVS5612, in the North Carolina Business Court, and North Carolina ex rel. Jeffrey Jackson v. E.I. Du Pont De Nemours and Co. et al., case number 436A21-2, in the North Carolina Supreme Court.

Source: Law360

Paraquat Litigation Update

Paraquat multidistrict litigation (MDL) activity has slowed significantly as parties work to finalize a settlement. Only one new lawsuit emerged between August and September 2026. This decline follows U.S. District Judge Nancy Rosenstengel’s recent case-management order, which targeted law firms reporting high client settlement opt-out rates.

During the August 27, 2026, MDL status conference, Judge Nancy Rosenstengel reaffirmed that the court must treat each Paraquat claim as an individual case, regardless of its mass-tort status. She specifically questioned the DiCello firm regarding: 1. Client communication protocols; 2. Pre-filing claim vetting; 3. Evidence substantiating Paraquat exposure and Parkinson’s disease; and 4. Case management and discovery compliance. Judge Rosentengel detailed critical deficiencies in client fact sheets as well as plaintiff testimony which ultimately revealed uncertainty regarding legitimate Paraquat exposure linked to a subsequent Parkinson’s disease diagnosis. The court ordered an in-person hearing to take place on September 15, 2026, with the hope of revisiting those issues under review addressed in the August conference, however the hearing was removed from the docket without explanation. This cancellation likely signals progress in boosting settlement participation and narrowing remaining issues.

Meanwhile, state-level momentum against Paraquat is building. Oregon lawmakers are actively considering a statewide ban on the herbicide’s sale and use. Proponents argue that the chemical’s health risks necessitate state-level intervention rather than reliance on the U.S. Environmental Protection Agency. Sen. Janeen Sollman (D-Hillsboro) recently cited Syngenta’s decision to continue manufacturing and exporting Paraquat—despite halting domestic sales—as a primary driver for independent state action. The Senate Energy and Environment Committee expects to introduce the bill in early 2027.

Source: Capital Press

CONSUMER CORNER

A Bet By Any Other Name: Ninth Circuit Rules Kalshi’s Sports Contracts Are Gambling, Not Federally Protected “Swaps”

The U.S. Court of Appeals for the Ninth Circuit has delivered the most significant judicial rebuke so far to the prediction markets industry’s claim that it sits beyond the reach of state gambling laws. On August 28, 2026, a three-judge panel ruled unanimously in KalshiEX, LLC v. Assad that Kalshi’s sports event contracts are likely sports bets, not federally regulated “swaps.” The decision clears the way for the Nevada Gaming Control Board to enforce state gaming laws against what Nevada has alleged all along: unlicensed sports betting.

Kalshi operates a Commodity Futures Trading Commission (CFTC)-registered exchange where users buy and sell yes-or-no contracts on future events, from Federal Reserve rate decisions to the winner of the World Series. Because its contracts trade on a federally designated contract market, Kalshi argues, the CFTC holds exclusive jurisdiction over them, and the gambling laws of all fifty states simply fall away. That theory has powered Kalshi’s expansion into every state, including those where sports betting remains illegal, and sports contracts now generate the overwhelming majority of the company’s revenue.

Judge Ryan Nelson’s opinion dismantles that position. The court observed that Kalshi’s contracts “have the hallmarks of sports betting” and noted that the company itself advertised its product as “the first app for legal sports betting in all 50 states.” Quoting Shakespeare, Judge Nelson wrote that placing sports bets, even when called by another name, is still gambling.

The panel found it implausible that Congress, which has legislated on gambling repeatedly and specifically over decades, quietly appointed the CFTC as the nation’s gambling regulator through broad definitions buried in a Wall Street reform bill. The court also rejected Kalshi’s claim that it cannot geofence individual states, observing that licensed Nevada operators already use geofencing and that Kalshi “just refuses to do so.” Perhaps most notably for consumer advocates, the panel agreed with Nevada that these contracts do not help investors hedge against risk; they create risk, largely for ordinary consumers, where none previously existed.

The decision creates a direct conflict among the federal appellate courts. In April 2026, the Third Circuit reached the opposite conclusion in Kalshi’s case against New Jersey, holding that federal law likely preempts state gambling enforcement. New Jersey has now petitioned the U.S. Supreme Court to resolve the split, and with dozens of similar cases pending nationwide, review appears increasingly likely.

The Ninth Circuit’s reasoning will sound familiar to readers of this report. Just as dual-currency sweepstakes casinos have rebranded slot machines as “sweepstakes,” prediction market operators have rebranded sports bets as “event contracts.” Courts are rejecting both maneuvers for the same reason: the substance of the product, not the label an operator gives it, determines whether it is gambling.

Our law firm has several cases filed against Kalshi and other online gambling sites alleging illegal gambling. We even have a substantial regulatory action filed against Kalshi in Federal Court in Georgia that we believe will be a “gamechanger” for this industry. We will keep our readers informed on developments in this important litigation.

If you have questions or need help with a case, contact Trent Mann, a lawyer in our Consumer Fraud & Commercial Litigation Section. He will be glad to work with you.

THE STRUCTURE OF BEASLEY ALLEN AND CASES HANDLED BY THE FIRM

The Structure Of Beasley Allen Is Designed To Work For Clients

Beasley Allen is organized in a structure that benefits the clients we represent. The firm operates in five separate sections: four litigation sections and one administrative section. The separate litigation sections concept has worked extremely well for the firm. It has definitely benefited Beasley Allen clients and has allowed our lawyers to bring about needed national changes in product and workplace safety.

Since our beginning over 45 years ago, Beasley Allen lawyers have handled all sorts of civil litigation for plaintiffs. The Administrative Section supports the four Litigation Sections that could be described as “mini-firms” within Beasley Allen. Those four Litigation Sections are the Mass Torts Section, the Toxic Torts Section, the Consumer Fraud & Commercial Litigation Section, and the Personal Injury & Products Liability Section.

Each litigation section has a team of lawyers and support staff working closely together, creating efficiency and case proficiency within each section. Successful section performance leads to better firm performance overall, allowing us to expand our resources and enabling firm growth. We believe our approach has allowed us to help more of those who need it most, year after year.

The Personal Injury & Products Liability Section

Cole Portis heads our Personal Injury & Products Liability Section with Sloan Downes serving as the Director of the Section. The section handles Auto Accidents, Auto Products, Aviation Accidents, Defective Tires, Negligent Security, On-the-Job Injuries, Premises Liability and Truck Accident cases. There are 27 lawyers in the Section.

The Mass Torts Section

Andy Birchfield heads our Mass Torts Section. Melissa Prickett serves as the Section’s Director. With over 50 years of combined legal experience, Andy and Melissa lead the firm’s largest section in medical devices, medication, and other practice areas. The section currently handles cases involving Acetaminophen, Hair Relaxers, Kratom, NEC Baby Formula, Ozempic, Predatory Gaming, Video Game Addiction, Ultra-Processed Foods, and Dupixent. There are 40 lawyers in the Section.

The Toxic Torts Section

Rhon Jones leads our firm’s Toxic Torts Section with Section Director Tracie Harrison’s assistance. The section focuses on toxic exposure cases. Recent cases involve Camp Lejeune Water Contamination, and Paraquat. There are 19 lawyers in the Section.

The Consumer Fraud & Commercial Litigation Section

Dee Miles is the Section Head of our Consumer Fraud & Commercial Litigation Section. Michelle Fulmer is the Director of the Section. The section currently handles cases involving Business Litigation, Class Action, Consumer Protection, Securities, Civil & Human Rights, Employment Law, Termite Damage and Whistleblower cases. There are 17 lawyers in the Section.

The Administrative Section

The Administrative Section consists of several departments: Accounting, Operations, Human Resources (HR), Information Technology (IT), and Marketing. Jackie Killough serves as the Director of Accounting, while Michelle Fulmer is the Director of Operations. Kimberly Youngblood holds the position of Executive Director, overseeing HR, IT, and Marketing.

Since we reorganized the firm’s structure in 1998, Beasley Allen’s record speaks for itself. The revised structure – without any doubt – has contributed greatly to our firm’s success. Section Heads and Directors have been able to concentrate on the volume of cases in their section. They quickly recognize when additional resources are needed.

Lawyers have been able to focus on cases within their sections. This has allowed them to achieve favorable results. There are major differences in each section, both as to the law, regulations and industry requirements.

The efficiency and teamwork generated by the sections concept has resulted in our firm being recognized as one of the best litigation firms in the country. This has been for the benefit of the folks we represented.

The Latest Look At Case Activity At Beasley Allen

Our BeasleyAllen.com website provides the latest information on the current case activity at Beasley Allen. The list can be found on our homepage, the top navigation, or the practices page of the website (BeasleyAllen.com/Practices/). The following are the current case activity listings for the Beasley Allen Litigation Sections.

Practices

• Business Litigation
• Civil & Human Rights
• Class Actions
• Consumer Protection
• Employment Law
• Medical Devices
• Medication
• Personal Injury
• Product Liability
• Toxic Exposure
• Whistleblower Litigation

Cases

• Acetaminophen – Beasley Allen lawyers handle cases of mothers who took acetaminophen while pregnant and gave birth to a child later diagnosed with autism or ADHD. Cases also include children treated with the drug during the first 18 months of life who developed autism or ADHD.
• Auto Accidents – Our firm handles life-altering and deadly automobile accident cases caused by defective products and driver negligence. Crashes may involve single vehicles, multiple vehicles, motorcycles, recreational vehicles, transit vehicles or trucks
• Auto Defect Class Actions – Our team pursues auto manufacturers and their suppliers for vehicle defects that create safety risks for occupants and others on the road. We seek to correct defects not addressed by recalls or warranty extensions through class action litigation.
• Auto Products – Beasley Allen lawyers will meticulously investigate your auto accident, examine vehicles for defects or product liability issues, identify responsible parties, file lawsuits, manage legal documents, and strive to maximize your compensation.
• Aviation Accidents – Our firm’s lawyers investigate aviation accidents resulting from mechanical failures, human error, and other causes. Crashes injure hundreds, sometimes thousands, of victims onboard aircraft and on the ground every year.
• Camp Lejeune – Beasley Allen handles cases of victims exposed to contaminated water supplies at U.S. Marine Corps Base Camp Lejeune between 1953 and 1987. Exposure to toxic water caused serious injuries, including cancer, adult leukemia, Parkinson’s disease, major cardiac birth defects and others. 
• Defective Tires – Defective tires can lead to automobile accidents resulting in injury or even death. Beasley Allen lawyers investigate these accidents caused by blowouts, tread separation and other tire failures.
• Dupixent – We are investigating the link between Dupixent and Cutaneous T-Cell Lymphoma (CTCL)— a group of rare blood cancers that affects the largest organ in your body — your skin.
• Hair Relaxers– Our firm’s lawyers handle cases for women injured by toxic chemicals in hair relaxers. Women who frequently use hair relaxers may develop uterine cancer, ovarian cancer, or endometrial cancer.
• Kratom – Beasley Allen is investigating cases of serious adverse effects experienced by individuals who have consumed products containing Kratom.
• NEC Baby Formula – Lawyers in our firm investigate cases of premature babies who developed necrotizing enterocolitis after consuming infant formulas manufactured by brands like Enfamil and Similac. Necrotizing enterocolitis is an intestinal disease that can lead to long-term complications and even death.
• Negligent Security – Negligent security lawsuits occur when property owners fail to provide adequate security, putting visitors at risk of violent crimes like assault, robbery, or worse. Beasley Allen lawyers handle cases holding owners and managers accountable.
• On-the-Job-Injuries – Beasley Allen lawyers investigate workers’ compensation cases, often finding that defective industrial products are to blame for workers’ injuries or deaths. Quite often, the incident results in a product liability case. Industrial products include manufacturing, farming, construction or other types of equipment.
• Ozempic – Our firm investigates cases of gastroparesis, intestinal obstruction, deep vein thrombosis and pulmonary embolism related to the use of diabetes and weight loss drugs like Ozempic, Wegovy and Mounjaro.
• Paraquat – Beasley Allen handles cases for victims injured by paraquat, a popular herbicide linked to Parkinson’s Disease that has been banned or partially banned in at least 92 countries. Paraquat remains legal in the U.S., risking the health and safety of workers on over 2 million U.S. farms. 
• Premises Liability – We investigate cases every day where negligence from property owners or occupiers has created dangerous conditions. Catastrophic premises cases involve serious injuries that occur on someone else’s property. These cases can take many forms, and while the laws might vary from state to state, we are experienced in helping clients seek justice in these situations.
• Roblox – We are investigating claims involving online and in-person harm for children who have encountered adult predators on Roblox and/or Discord. These platforms put profits over children’s safety by failing to protect children from adult predators.
• Social Media – Our youth are facing a mental health crisis caused by social media addiction. Beasley Allen advocates for these youth who have suffered harms, including anxiety, depression, eating disorders, body dysmorphia, ADD/ADHD, self-harm and suicide. This litigation is rapidly increasing in volume and seriousness
• Termite Damage – We represent businesses, churches, condominium associations, and other property owners in claims arising from termite infestations, and negligent termite inspection, treatment, and monitoring services. The firm has achieved substantial results in termite litigation and continues to pursue accountability against pest control companies that fail to protect properties from termite damage.
• Truck Accidents – Our firm handles accident cases involving tractor-trailers, commercial vehicles and other large trucks. These cases often involve multiple, well-funded defendants and complex insurance issues.
• Ultra-Processed Foods – Beasley Allen is actively investigating cases where ultra-processed foods are linked to type 2 diabetes and NAFLD, especially in individuals diagnosed before age 18.
• Video Game Addiction – Our lawyers are investigating cases of video game addiction caused by companies intentionally designing games to be highly addictive, especially for minors, using psychological tactics. 

Resources to Help Your Practice

The leadership team at Beasley Allen understands the importance of sharing resources and collaborating with our fellow trial lawyers throughout the country. We are committed to investing in resources that can help our other trial lawyers in their work. We have compiled a list of our most popular resources for those seeking to work with us or seeking information to help their law firm with a case.

Co-Counsel E-Newsletter

Beasley Allen sends out a Co-Counsel E-Newsletter specifically tailored with lawyers in mind. It features case updates, highlights key victories achieved for our clients, and informs readers about the firm’s latest resources. You can get it online by visiting our website, BeasleyAllen.com, and clicking the Articles link.

Recalls Update

We try our best to stay current on the latest significant consumer recalls. Contact our JLB Report Team if you have any questions or believe we may need to include a recall.

The Jere Beasley Report

We also consider The Jere Beasley Report a service to lawyers and the general public. We provide the Report at no cost monthly. Visit our website, BeasleyAllen.com and click the Articles link.

TRIAL TIPS FOR LAWYERS

Chasing the Cloud: Practical Guidance On Mobile Device And App Data Collection

Suzanne Clark, a lawyer who is highly respected in the handling of pretrial discovery matters, has some recommendations relating to discovery involving mobile devices and data collection issues. This is an area of discovery that can be challenging for trial lawyers. Let’s see what Suzanne, who is in our Mass Torts Section, has for us.

Mobile devices are a rich and volatile source of ESI in civil litigation. For plaintiff attorneys, the challenge is no longer simply getting mobile data; it’s getting the right data, in a defensible way, before the window closes. The choices you make at the outset determine whether your evidence will withstand scrutiny months or years later.

Begin With the End in Mind

Your discovery plan should be built backward from how the evidence will ultimately be used. If text messages will be central to liability or damages, you must anticipate authenticity challenges early. Screenshots alone are no longer enough. Metadata of single documents, like photos from iPhones, can be manipulated, and voice cloning and deepfake risks mean audio and video must be preserved with care. Plan for chain of custody, preservation, and authentication from day one.

Choose the Right Collection Method

Not all mobile collections are created equal. Full File System (FFS) extractions provide the deepest insight, capturing app databases, system logs, and remnants of deleted data. They are essential when authenticity or completeness will be challenged or when apps like Signal or WhatsApp store critical information outside standard logical interfaces. Logical images or iPhone backups may suffice when the needed evidence falls within supported datasets. No method guarantees “all” data, but the rules require a reasonable inquiry, not perfection.

Targeted collections can be appropriate for narrow issues or privacy-sensitive matters, but they risk missing surrounding context. Cloud collection of email, social media, and synced app data, are often indispensable because much of the relevant content may not reside on the device itself.

Device Collections

Preservation obligations, privacy concerns, and spoliation dangers must be managed proactively. Before shipping a device for remote FFS, disable biometrics, confirm whether iCloud message sync is enabled, and avoid factory resets. Device replacement through providing your client a new phone while preserving the original can reduce disruption but must be handled carefully to maintain data integrity.

Scope First, Then Collect

Know what isn’t on the device. Phones rarely store full email mailboxes. Social media apps typically hold only fragments of content locally on devices. Messaging apps vary widely in recoverability. Cloud-based AI chat tools may store conversation history online even when snippets appear on the device. Understanding these gaps prevents false assumptions and ensures you request the right sources from defendants.

Lock Down Opposition’s Sourcing Early

Defense counsel prepares custodians long before deposition. If you wait until the deposition to ask about devices, policies, or collection methods, you may have lost the chance to refresh the recollection of witnesses. Use interrogatories and request definitions to force early identification of mobile ESI sources. Build a record that protects you later, especially if discovery-methodology depositions are barred.

Present Evidence Effectively

Raw spreadsheets of text messages are rarely persuasive. Tools like conversation-bubble views make mobile content digestible for witnesses, judges, and juries. Collect with metadata intact but format helpful messages visually before presentation to create compelling sound bites.

Mobile evidence is powerful and it is essential to collect intentionally, preserve properly, and present strategically. Plaintiff attorneys who chase the cloud with discipline and foresight will be the ones who shape the narrative rather than scramble to defend it.

All trial lawyers will benefit from the above. Handling pretrial discovery is critically important to the success of a civil lawsuit. This part of trial preparation can be difficult. Doing it properly is essential for a successful trial or settlement outcome. Lawyers must know what they are doing in discovery and how to do it successfully. If you have questions or need help with a case, contact Suzanne. She will be glad to work with you.

SPECIAL RECOGNITIONS

From Fairhope To The Fast Track: Grant Enfinger’s Racing Success

Few drivers embody perseverance and hometown pride quite like Grant Enfinger. The Fairhope, Alabama, native has built an impressive career in stock car racing, earning victories at some of the sport’s biggest tracks and establishing himself as one of the most respected competitors in NASCAR’s Truck Series. I have known Grant for most of his life. In fact, Beasley Allen was one of Grant’s early sponsors. His history in the racing industry is set out below.

Grant’s racing journey began long before he reached the national stage. After finding success in go-karts and Legends cars throughout the Southeast, he moved into professional stock car racing and quickly made his mark. His breakthrough came in the ARCA Racing Series, where he captured the 2015 championship after recording six wins during the season.

Since then, Grant has continued to excel in NASCAR competitions, earning multiple victories in the NASCAR Truck Series and becoming a consistent championship contender. His success includes wins at iconic tracks such as Talladega Superspeedway.

Grant has remained closely connected to his Alabama roots throughout his career. His accomplishments have made him one of the state’s most successful motorsports competitors.

Many longtime Beasley Allen team members and clients will remember the firm’s sponsorship of Grant early in his racing career, reflecting the firm’s longstanding commitment to supporting talented individuals and organizations throughout Alabama.

Today, Grant continues to compete at the highest levels of stock car racing, building on a career defined by hard work, consistency and a relentless drive to succeed. His story serves as a reminder that dedication, resilience and strong community roots can help propel a person from local tracks to national prominence.

Grant has had a very good career, and he continues to compete at a high level in the racing industry. I am personally proud of him and his accomplishments. It’s a tough business to be in and is extremely competitive. Grant is a winner on and off track.

Beasley Allen Lawyer And Employee Spotlights

Kay Bullard

As a Paralegal in the Personal Injury and Products Liability Section, Kay Bullard has been a valued part of the Beasley Allen team for more than 23 years. Her responsibilities include drafting pleadings and other legal documents, managing schedules, assisting with case preparation, and helping coordinate matters through trial or resolution.

Away from the office, Kay enjoys spending time with her husband, Perry, their children and grandchildren, and their Shih Tzu, Gracie. She and Perry are active members of their church and share a variety of interests. In recent years, Kay has even begun assisting Perry with his taxidermy business, finding satisfaction in helping create finished pieces for customers. When she is not working, Kay enjoys gardening, visiting thrift and antique markets, baking, canning, and spending time outdoors. During the fall months, she especially enjoys deer hunting with Perry and her grandson.

One of the parts of her job Kay enjoys most is building relationships with clients and helping them navigate their cases. She also appreciates the collegial atmosphere at Beasley Allen, where she says employees feel more like family than coworkers.

Kay is a talented paralegal. She works hard and is highly organized. Kay is recognized as an asset at Beasley Allen and we are fortunate to have her with us.

Hailey Clere

Hailey Clere began her journey at Beasley Allen in 2024, working in the firm’s Toxic Torts section. As a paralegal supporting several areas of litigation, much of Hailey’s work focuses on Camp Lejeune and Paraquat cases, where she assists with case management, documentation, and coordination between the firm, estate attorneys, and clients.

Outside of work, Hailey enjoys spending time with her close-knit family. She and her sister, who are just 13 months apart in age, have always shared a strong bond. Her family is currently looking forward to welcoming its newest member later this year, as her sister is expecting her first child. Hailey also recently celebrated her parents’ 30th wedding anniversary with them. In her spare time, Hailey enjoys Pilates, walking, running, hiking, spending time by the pool, and relaxing around an outdoor fire. She also enjoys spending time at her family’s lake house, where swimming, tubing, skiing, and fishing are favorite activities.

One of Hailey’s favorite things about working at Beasley Allen is the people. She enjoys being surrounded by coworkers who are supportive, welcoming, and willing to help one another. She also appreciates the firm’s approachable leadership and the emphasis placed on maintaining a healthy work-life balance.

Hailey is another talented and hard-working paralegal. She is an asset to the firm, and we are fortunate to have her with us.

Parker Miller

Parker Miller is a Principal in our Atlanta office. He works in the firm’s Personal Injury & Product Liability Section. Parker joined the firm in 2007 and focuses his practice on catastrophic injury and product liability litigation. Raised on a cattle farm in rural Marengo County, Alabama, Parker credits his upbringing with teaching him the values of hard work, humility, and perseverance.

When reflecting on his legal career, Parker emphasized the importance of helping people navigate difficult circumstances and providing steady guidance when they need it most. His commitment to service, leadership, and professionalism has made him a valued member of the Beasley Allen team for nearly two decades.

In addition to his work at the firm, Parker is active in the legal profession and currently serves as Chair of the American Association for Justice’s Products Liability Section. He has also held leadership positions with both Alabama and Georgia trial lawyer organizations. Parker earned his Bachelor of Science in Business Administration from Auburn University and his Juris Doctor from Faulkner University’s Thomas Goode Jones School of Law.

Parker’s commitment to serving others and contributing to our firm makes him a valued member of the Beasley Allen team. We appreciate his dedication to his clients, colleagues, and to the firm.

Parker is an outstanding trial lawyer and is well respected by all who have dealt with him. He is a definite asset. We are most fortunate to have Parker at Beasley Allen.

Katie Tucker

Katie Tucker has been a member of the Beasley Allen team for nearly 25 years. As a Paralegal in the firm’s Mass Torts section, Katie supports the talc powder litigation team, where she works closely with attorneys and other staff members throughout the litigation process. Katie’s role requires organization, precision, and adaptability. She assists with discovery, trial preparation, witness coordination, motions, exhibit management, and courtroom logistics. Her behind-the-scenes efforts help keep litigation teams focused and prepared while ensuring every detail is accounted for.

Away from the office, Katie enjoys volunteering, sewing, cooking, canning, and spending quality time with family and friends. She is particularly proud of her daughter, Georgia, whose success at Mississippi State University has been one of her greatest sources of happiness and inspiration.

For Katie, the most rewarding part of working at Beasley Allen is helping clients through difficult circumstances and seeing the positive results of the firm’s work. She also values the collaborative culture and continuous learning opportunities that come from working with talented attorneys and staff members in the firm.

Katie is another talented paralegal. She is a hard worker who does very good work and is an asset to Beasley Allen at the firm. We are fortunate to have Katie with us.

Alexa Wallace

Alexa Wallace joined Beasley Allen in 2020. She is an Associate in the firm’s Mass Torts Section. Alexa shares that her path to becoming an attorney was not a traditional one. She initially planned to pursue a career in neuropsychology and intraoperative neuromonitoring before discovering that law was a better fit for her talents and desire to help others. As Alexa describes it, becoming a lawyer was a “happy accident” that ultimately led her to a profession where she could make a meaningful difference in people’s lives.

Alexa says one of her favorite aspects of practicing law is building relationships with clients. She particularly enjoys hearing from clients about positive developments in their lives outside of their legal matters. For Alexa, those conversations are a reminder that the attorney-client relationship is about more than just resolving legal issues. It’s about supporting people and helping them through important chapters of their lives.

Alexa comes from a family deeply involved in ministry, as her parents serve as pastors in Jacksonville, Florida. Growing up, much of her time centered around church activities and community involvement. Today, Alexa enjoys spending time outdoors and taking advantage of many of Florida’s recreational activities. Whether hiking, spending time on the water, or trying her hand at newer hobbies such as embroidery and cooking, Alexa enjoys finding opportunities to stay active and continue learning new things.

When asked what makes Beasley Allen unique, Alexa points to the firm’s priorities and culture. She appreciates the emphasis on faith, family, and service, and values being part of an organization whose foundation aligns with those principles.

We are most fortunate to have Alexa with our firm. She does very good work in the Mass Torts Section and enjoys helping her clients receive justice.

Favorite Bible Verses

In this month’s issue, one of our lawyers and three of our staff members who are being spotlighted share their favorite Bible verses with us.

Kay Bullard

Kay offers several of her favorite bible verses. She says the first is one she relies on when she feels weak in any aspect and needs God’s strength to carry on.

I can do all this through him who gives me strength. Philippians 4:13

She says the second verse shows God’s love and gift to all believers and the sacrifice of Jesus on the cross for our sins that we may live with him eternally.

For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life. John 3:16

Alexa Wallace

Alexa shares two of her favorite verses.

Let us hold unswervingly to the hope we profess, for he who promised is faithful. Hebrews 10:23

But the fruit of the Spirit is love, joy, peace, forbearance, kindness, goodness, faithfulness, 23 gentleness and self-control. Against such things there is no law. Galatians 5:22-23

​Hailey Clere

Hailey’s favorite verse comes from Ecclesiastes. She says it reminds her to have a different perspective when things don’t always go according to plan, and that everything happens for a reason.

He has made everything beautiful in its time. He has also set eternity in the human heart; yet no one can fathom what God has done from beginning to end. Ecclesiastes 3:11

Katie Tucker

Katie offers two verses. She says the first verse beautifully captures the greatest blessing of motherhood. Watching her daughter, Georgia, pursue her dreams at Mississippi State with dedication, integrity, and purpose fills her heart with immeasurable joy. It is a daily reminder for Katie that raising a kind, driven, and faithful daughter has been the most meaningful and rewarding work of her life.

I have no greater joy than to hear that my children are walking in the truth. 3 John 1:4

The second verse is another one of her favorites because navigating life as a single mother and balancing a career requires resilience, grace and faith. She says this verse reflects the quiet strength it takes to build a stable, loving home and the peace that comes from watching your child step confidently into their own bright future.

She is clothed with strength and dignity; she can laugh at the days to come. Proverbs 31:25

MONTHLY REMINDERS

We continue to include this section of “reminders” in the Report. That’s because we believe each of the reminders is very important. The reminders are from key individuals and are for all of us at Beasley Allen. The reminders are to be applied in the workplace, in our social life, and at home. In addition to all of us at Beasley Allen, we send these reminders to all who get the Report each month. All persons in a leadership role, including those persons in government at every level, will benefit by reading the quotes and applying the lessons learned in their daily lives.

If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 

2 Chronicles 7:14

Let’s not assume for one moment that our work is done, the struggle for equal justice continues

Fred D. Gray

All that is necessary for the triumph of evil is that good men do nothing.

Edmund Burke

Injustice anywhere is a threat to justice everywhere.

There comes a time when one must take a position that is neither safe nor politic nor popular, but he must take it because his conscience tells him it is right.

The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people.

Martin Luther King, Jr.

Get in good trouble, necessary trouble, and help redeem the soul of America.

Rep. John Lewis speaking on the Edmund Pettus Bridge in Selma, Alabama, on March 1, 2020

Ours is not the struggle of one day, one week, or one year. Ours is not the struggle of one judicial appointment or presidential term. Ours is the struggle of a lifetime, or maybe even many lifetimes, and each one of us in every generation must do our part.

Rep. John Lewis on movement-building in Across That Bridge: A Vision for Change and the Future of America

The opposite of poverty is not wealth; the opposite of poverty is justice.

Bryan Stevenson, 2019

I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country….corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed.

U.S. President Abraham Lincoln, Nov. 21, 1864

PARTING WORDS

Football season is in full swing and news relating to teams at the high school, college and professional levels is dominating the media. It’s also political season. The political races, now with us, are getting attention. But that attention may be secondary to the football news. The public may be paying more attention to football and when you put all of this in perspective, that’s an unfortunate development.

The outcome of the political races will definitely have an effect on the lives of all Americans. Football successes are important, but their effect is not in the same league with the outcome of the political races.

I encourage the American people to enjoy the football season and to support their favorite teams. But it is much more important to pay major attention to the political races at every level and to get involved in some manner. Our nation’s future depends on it.

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