Legal Examiner’s annual compilation of the 10 most important civil justice stories of the year was created by Virginia Beach, VA, attorney-author Richard N. (Rick) Shapiro and his research assistants, a Legal Examiner year-end tradition since 2012.
Number 10 - Colorado Jury Returns $205 Million in Wrongful Death Case Involving Amusement Ride
Estifanos Dagne and Rahel Estifanos v. Glenwood Caverns Holdings LLC, et al.
Why It Made the List: In one of the most significant wrongful death verdicts in Colorado history, a jury in Garfield County awarded $205 million to the family of Wongel Estifanos, a 6-year-old girl who died after falling from an amusement park ride at Glenwood Caverns Adventure Park.
The fatal incident occurred on September 5, 2021, when Wongel was riding the park’s Haunted Mine Drop, a free-fall attraction that descends more than 110 feet into a vertical mine shaft built into the mountain. A subsequent state investigation revealed that Wongel was never properly restrained during the ride. Investigators determined that she had been seated on top of her seat belt rather than being securely buckled into the restraint system.
The investigation further found that two newly hired ride operators failed to identify the improper restraint configuration. Despite the presence of an active warning indicator, the operators dispatched the ride. Six-year-old Wongel fell from the attraction shortly thereafter and sustained fatal injuries.
In October 2021, Wongel’s parents filed a wrongful death lawsuit against both the amusement park operator and the ride’s manufacturer. The complaint alleged failures in employee training, safety protocols, and overall ride operation, asserting that these deficiencies directly contributed to the child’s death.
Following a multi-week trial, the jury returned a $205 million verdict in favor of the Estifanos family. The verdict reflects the jury’s conclusion that the defendants bore substantial responsibility for the fatal incident and sends a strong message regarding the importance of strict adherence to safety procedures, particularly when operating high-risk amusement park attractions.
The case has drawn national attention and is widely viewed as a significant moment in civil justice, highlighting the legal consequences that can arise when safety failures lead to the preventable loss of life.
Source: $205M Jury Award in Colorado Amusement Park Death Highlights Gaps in Once-Mighty Liability Waivers
Number 9 - U.S. Supreme Court Allows Truck Driver to Pursue Triple Damages in CBD False Advertising RICO Case
Medical Marijuana, Inc. v. Horn
Why It Made the List: In a closely divided 5–4 decision, the Supreme Court of the United States ruled that a commercial truck driver who lost his job after testing positive for THC may pursue a civil Racketeer Influenced and Corrupt Organizations Act (RICO) claim seeking treble (triple) damages against the manufacturer of a CBD product allegedly marketed as THC-free. The decision significantly expands the potential reach of civil RICO in consumer product and false advertising cases.
The case, Medical Marijuana, Inc. v. Horn, was brought by Douglas Horn, a commercial truck driver who claimed he used a hemp-derived CBD product called Dixie X to manage chronic pain following an accident. The product was manufactured and marketed by Medical Marijuana Inc. and related entities.
Horn alleged that Dixie X was expressly advertised as containing no THC. After using the product, however, he failed a routine drug test that detected THC and was terminated from his job. Subsequent laboratory testing allegedly showed that the CBD product did, in fact, contain THC. Horn sued, asserting that the defendants engaged in false advertising and racketeering activity that directly caused his economic losses, including lost wages and employment.
At the heart of the case was a key legal question: whether civil RICO, which permits private plaintiffs to recover triple damages for injuries to “business or property” caused by racketeering activity, can apply when those economic losses flow from what might otherwise be characterized as a personal injury, such as ingesting a mislabeled product.
Writing for the majority, Justice Amy Coney Barrett concluded that the statute’s plain language allows such claims to proceed. The Court held that economic and business losses remain actionable under civil RICO even if they are preceded by a personal injury. Importantly, the Court emphasized that it was not ruling on the merits of Horn’s underlying allegations, only that his RICO claim could move forward at the pleading stage.
The ruling resolved a longstanding split among federal appellate courts, with some barring RICO claims tied to personal injury-related losses while others allowed them. For plaintiffs, the decision broadens the potential use of civil RICO in cases involving deceptive marketing and consumer products. For manufacturers and marketers — particularly in the CBD and hemp-derived product space — the decision underscores the heightened legal risk associated with inaccurate labeling and advertising claims, and the possibility of exposure to substantial treble damages under federal law.
Source: Medical Marijuana, Inc. v. Horn
Number 8 - 3M’s $10.3 Billion “Forever Chemical” PFAS Settlement Marks Largest Class Action Result of the Year
3M Public Water Supplier PFAS Settlement
Why It Made the List: In one of the most consequential class action settlements in U.S. history, 3M agreed to pay up to $10.3 billion to resolve nationwide claims alleging contamination of public drinking water systems by per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals.” The agreement stands as the largest class action settlement of 2025 and represents a pivotal moment in the rapidly expanding landscape of PFAS litigation.
PFAS are a broad class of synthetic chemicals long used in industrial applications and consumer products for their resistance to heat, water, and grease. Their chemical stability, however, makes them extremely persistent in both the environment and the human body. Decades of manufacturing, use, and disposal have led to widespread contamination of soil and drinking water supplies nationwide. Scientific studies have associated PFAS exposure with a range of serious health risks, including certain cancers and immune system effects.
Public water systems, municipalities, and utilities nationwide filed lawsuits alleging that 3M and other manufacturers failed to warn about PFAS risks and failed to address contamination, effectively shifting the financial burden of testing, treatment, and remediation onto local water providers and ratepayers.
Under the settlement terms, 3M will provide up to $10.3 billion in pre-tax present value, paid over 13 years, to support PFAS testing, treatment, and infrastructure upgrades. The covered class includes U.S. public water systems that have already detected PFAS in drinking water, as well as systems required to monitor for PFAS under current or future regulations. Settlement funds are intended to help utilities install filtration systems and other treatment technologies necessary to meet evolving federal and state drinking water standards.
A federal district court in Charleston, South Carolina, granted final approval of the settlement in early 2024, allowing the agreement to move forward after resolving objections. While 3M has not admitted liability, the settlement represents a significant step toward addressing the nationwide costs associated with PFAS contamination.
The resolution carries broad implications beyond the immediate parties. Litigation analysts have identified the 3M settlement as the largest class action settlement of the year, reflecting the immense scale of PFAS-related liability. Public water systems, many of which face substantial long-term compliance costs, now have a centralized mechanism to obtain remediation funding without pursuing individual lawsuits.
The agreement is also part of a larger wave of PFAS litigation. Following the 3M settlement, other chemical manufacturers, including DuPont, Chemours, and Corteva, have reached substantial settlements with public entities. As regulatory standards tighten and scientific understanding of PFAS health impacts continues to develop, the 3M settlement is widely viewed as a bellwether for how courts and parties may resolve large-scale environmental contamination claims going forward.
Source: 3M’s Historic $10 Billion ‘Forever Chemical’ Payout Is Just The Tip of the PFAS Iceberg
Number 7 - 3M Combat Arms Earplug Litigation Concludes With $6 Billion Global Settlement
3M Products Liability Litigation, MDL No. 2885
Why It Made the List: After years of intensive nationwide litigation, 3M has agreed to pay approximately $6 billion to resolve claims involving its Combat Arms Earplugs, Version 2 (CAEv2). The agreement brings to a close one of the largest mass-tort proceedings in U.S. history and represents a significant milestone in military product-liability litigation.
The lawsuits arose from allegations that 3M supplied defective dual-ended earplugs to the U.S. military between 2003 and 2015. According to service members, the earplugs were too short to maintain a proper seal in the ear canal, allowing hazardous noise to bypass the protection even when the devices were worn as instructed. Thousands of soldiers alleged they suffered permanent hearing loss and tinnitus during training exercises and combat operations as a result.
During discovery, plaintiffs pointed to internal company documents that allegedly showed 3M was aware of fit and performance issues but continued to market and sell the earplugs without adequate warnings or design changes. Those allegations formed the core of claims brought by current and former service members across all branches of the military.
At its height, the litigation involved nearly 300,000 individual claims consolidated in a federal multidistrict litigation (MDL) in the Northern District of Florida. Early bellwether trials produced mixed results, but several substantial plaintiff verdicts, including multi-million-dollar awards, shifted momentum and increased settlement pressure. Attempts by 3M to halt the litigation through a bankruptcy filing by a subsidiary were rejected by federal courts, allowing the cases to continue toward resolution.
Under the global settlement, 3M will pay about $6 billion over multiple years to compensate eligible veterans. Settlement funds are designated for individuals who meet specific medical and service-related criteria tied to hearing loss, tinnitus, and related damages. While 3M did not admit liability, the agreement effectively resolves the vast majority of pending claims.
The settlement carries broad significance. It ranks among the largest product-liability resolutions involving military service members, reinforces that government contractor status does not provide blanket immunity from defect claims, and highlights the long-term consequences of occupational noise exposure and inadequate protective equipment. For veterans, the resolution represents long-awaited acknowledgment of injuries that can profoundly affect communication, employment prospects, mental health, and overall quality of life.
Source: 3M Products Liability Litigation, MDL No. 2885
Number 6 - Depo-Provera® Injectable Birth Control Causing Brain Tumor Case Raises New Questions About Drug Safety Warnings
Depo-Provera Liability Litigation MDL No. 3140
Why It Made the List: Thousands of women across the United States have filed lawsuits alleging that Pfizer failed to adequately warn patients and doctors about a serious risk associated with Depo-Provera®, a commonly prescribed injectable birth control. The claims center on emerging medical research linking long-term exposure to depot medroxyprogesterone acetate (DMPA) to the development of meningiomas, brain tumors that form in the membranes surrounding the brain and spinal cord.
Although many meningiomas are classified as benign, plaintiffs allege the tumors can still cause devastating and life-altering harm. Reported injuries include chronic headaches, vision and hearing loss, seizures, cognitive and personality changes, balance disorders, and the need for invasive treatments such as brain surgery or radiation therapy. In many cases, women were diagnosed years after receiving Depo-Provera injections, often following prolonged use of the drug.
The litigation gained momentum after large-scale, peer-reviewed studies found a significantly increased relative risk of meningioma among women exposed to injectable medroxyprogesterone acetate, particularly with longer duration of use. These findings echoed earlier European data and intensified regulatory scrutiny in the United States. In December 2025, the Food and Drug Administration approved updates to Depo-Provera’s labeling to include warnings about meningioma risk decades after the drug entered the market.
As of early 2026, approximately 1,750 federal lawsuits are pending in a consolidated multidistrict litigation (MDL) in the Northern District of Florida. Additional cases have been filed in state courts nationwide. The MDL was created to streamline discovery and resolve common pretrial issues for plaintiffs who allege Depo-Provera caused their brain tumors.
While individual claims vary, plaintiffs generally allege failure to warn, negligent testing and post-market surveillance, strict product liability for marketing defects, misrepresentation or concealment of known risks, and breach of warranty under applicable state laws. A central dispute centers on federal preemption, with Pfizer arguing that it could not change the warning label without FDA approval, while plaintiffs contend that stronger warnings were legally available long before the 2025 label update.
The federal court is now moving forward with coordinated discovery and a set of pilot cases designed to test key legal and scientific issues. Although no global settlement has been announced, the scope of the MDL and the severity of the alleged injuries have made the Depo-Provera litigation one of the most closely watched pharmaceutical product-liability proceedings in the country.
Source: Depo-Provera (Depot Medroxyprogesterone Acetate) Products Liability Litigation
Number 5 -Louisiana Jury Awards $411 Million for Catastrophic Brain and Spine Injuries in Refinery Scaffolding Case
Jose Valdivia VS Brock Industrial Services, LLC, Brock Services, LLC, and Phillips 66 Company
Why It Made the List: A jury has awarded $411 million to a worker who suffered devastating traumatic brain and spinal cord injuries after a scaffolding collapse at a refinery. The verdict underscores the grave risks associated with inadequate safety systems at heavy industrial facilities and the legal accountability of employers and contractors when those systems fail.
The case arose from an accident at a major refinery where the plaintiff — a skilled industrial worker — was performing tasks on elevated scaffolding when a catastrophic failure occurred. Evidence introduced at trial demonstrated that the scaffolding gave way under conditions that should have been foreseeable and preventable with proper design, inspection, and maintenance. As a result of the collapse, the plaintiff suffered life-altering injuries, including traumatic brain injury and severe damage to the spinal cord, resulting in profound physical and cognitive impairments.
Medical testimony presented to the jury painted a stark picture of the plaintiff’s future care needs, which will include ongoing medical treatment, physical therapy, assistive support services, and adaptations to accommodate permanent disability. Experts also detailed the significant loss of earning capacity and dramatic reduction in quality of life stemming from the injuries.
After hearing extensive testimony over a multi-day trial, the jury returned a $411 million verdict in favor of the injured worker. The award reflects a combination of economic damages for past and future medical expenses, lost income, and life-care needs, as well as substantial non-economic damages for pain and suffering, mental anguish, and loss of enjoyment of life.
The case highlights several critical legal and safety issues confronting industries that rely on complex, elevated work platforms. Scaffolding failures, especially in industrial settings such as refineries with elevated hazards, can result in catastrophic harm when adequate safeguards are not rigorously implemented and enforced. This verdict serves as a reminder to employers, contractors, and safety regulators of the profound human and financial consequences that can follow when workplace hazards are inadequately addressed.
For the plaintiff, the jury’s decision provides meaningful recognition of the extraordinary losses endured and the lifetime of care and support required. More broadly, the case reinforces the role of the civil justice system in holding parties accountable for preventable workplace failures and in compensating individuals for the full extent of their injuries and future needs.
Source: Jose Valdivia VS Brock Industrial Services, LLC, Brock Services, LLC and Phillips 66 Company
Number 4 - Texas Jury Delivers $831 Million Verdict in Motorcycle Crash Caused by Drunk Driver’s Road Debris
Leticia J. Mendez v. River Road Entertainment District Corporation et al.
Why It Made the List: A jury handed down one of the largest personal injury verdicts in Texas history, awarding $831 million to a motorcyclist who suffered catastrophic, permanent injuries after crashing into roadway debris left behind by an intoxicated driver. The verdict reflects both the devastating consequences of the crash and the jury’s condemnation of reckless conduct that endangered the public.
According to detailed evidence presented at trial, the defendant was driving while intoxicated and lost control of his vehicle, scattering dangerous debris across the roadway. Rather than stopping to secure the scene, warn other motorists, or remove the hazard, the driver allegedly fled. Shortly thereafter, the plaintiff, traveling on a motorcycle with little opportunity to detect or avoid the obstruction, struck the debris and was violently thrown from the bike.
The crash resulted in life-altering injuries. Testimony established that the motorcyclist sustained a traumatic brain injury, serious spinal and orthopedic damage, and chronic, debilitating pain. Medical experts described permanent physical impairments, loss of independence, and an inability to return to work. Evidence also detailed extensive future care needs, including ongoing medical treatment, rehabilitation, assistive services, and substantial loss of earning capacity over the plaintiff’s lifetime.
After weeks of testimony, the jury returned an $831 million verdict, underscoring both the severity of the injuries and the egregious nature of the defendant’s conduct. Although public reporting has not always disclosed a detailed allocation, verdicts of this magnitude typically include compensation for past and future medical expenses, lost income, and life-care costs, as well as non-economic damages for pain, suffering, mental anguish, and loss of enjoyment of life. Punitive damages are also commonly awarded in cases involving drunk driving, reflecting the jury’s intent to punish and deter particularly dangerous behavior.
The case carries broader significance for motorcycle riders and the civil justice system. Motorcyclists are uniquely vulnerable to roadway hazards, and debris that might cause minor damage to a passenger vehicle can be catastrophic for a rider. The verdict reinforces that drunk drivers can be held accountable not only for direct collisions but also for the hazardous conditions they create and abandon. It also serves as a powerful reminder that juries are willing to impose extraordinary financial consequences when reckless conduct foreseeably results in permanent, life-changing harm.
Source: San Marcos couple wins record $831M verdict. It's no cause for celebration
Number 3 - Talcum Powder Cancer Litigation Against J & J Continues to Escalate After Bankruptcy Strategy Fails
Johnson & Johnson Talcum Powder Litigation (MDL No. 2738)
Why It Made the List: The nationwide talcum powder litigation against Johnson & Johnson remains one of the largest and most closely watched mass torts in U.S. history. Tens of thousands of claims are still pending, with plaintiffs alleging that long-term use of J&J’s talc-based products caused ovarian cancer and mesothelioma (terminal cancer) due to asbestos contamination in the powder. Estimates place the number of active cases between 67,000 and 90,000 nationwide, with many consolidated in coordinated proceedings in New Jersey, though no global settlement has been reached.
For several years, J&J attempted to resolve the litigation through a controversial bankruptcy maneuver known as the “Texas Two-Step,” placing talc liabilities into a subsidiary, LTL Management, and seeking Chapter 11 protection to force a global settlement. Courts have repeatedly rejected this strategy, including J & J’s subsidiary filing a third proposed bankruptcy plan that would have funded an estimated $8–$10 billion payout. With those efforts blocked, most talc cases are now moving forward individually in state and federal courts after a long period of delay due to the bankruptcies.
That shift has led to a wave of substantial jury verdicts. In late 2025 alone, juries returned several headline-making awards against J&J, including a $1.5 billion mesothelioma verdict in Maryland, a $966 million verdict in Los Angeles involving talc-related mesothelioma, a $65.5 million verdict in Minnesota, and multiple California verdicts totaling $40 million in ovarian cancer cases tied to the talc powder. In December 2025, a Baltimore jury awarded approximately $1.56 billion to a woman who developed peritoneal mesothelioma after decades of talc use — one of the largest individual awards in the litigation to date. J&J has indicated it will appeal several of these rulings.
As 2026 begins, new bellwether trials are underway in California state courts, particularly in ovarian cancer cases involving long-term talc exposure. These trials are being closely monitored as potential indicators of how juries nationwide may respond to core liability arguments. At the same time, J&J continues to appeal adverse verdicts and maintains its position that its talc products do not contain trace amounts of asbestos and do not cause cancer.
Despite earlier negotiations and proposed multi-billion-dollar settlement frameworks tied to bankruptcy plans, no global ovarian cancer settlement has been finalized. Some mesothelioma claims have resolved through individual settlements, often reportedly in the millions or tens of millions of dollars, but the broader litigation remains unresolved.
The stakes remain high. The talc litigation continues to generate massive verdicts, affect investor confidence, and shape the future of large-scale product liability strategy. With statute-of-limitations issues varying by state and new trials proceeding, the civil justice system remains the primary forum for resolving these claims — one verdict at a time.
Source: J&J Ordered to Pay Over $1.5 Billion in Talc Lawsuit
Number 2 - Supreme Court Weighs ISP Liability in High-Stakes Copyright Case Involving Cox and Sony Music
Sony Music Entertainment v. Cox Communications
Why It Made the List: The Supreme Court of the United States is poised to issue a consequential ruling on the scope of copyright liability for internet service providers in Cox Communications, Inc. v. Sony Music Entertainment, a case argued on December 1, 2025. At issue is whether an ISP can be held liable for contributory copyright infringement when it continues to provide internet service to subscribers despite receiving repeated notices that those users are infringing copyrighted works.
The case stems from claims by a group of record labels, led by Sony Music Entertainment, alleging that Cox Communications knowingly allowed widespread music piracy on its network by failing to terminate repeat infringers. The plaintiffs argued that Cox’s continued provision of internet access, despite notice of infringement, materially contributed to the unlawful downloading and sharing of copyrighted content.
A federal jury in Virginia initially agreed, finding Cox liable for both contributory and vicarious copyright infringement and awarding more than $1 billion in damages. On appeal, however, the U.S. Court of Appeals for the Fourth Circuit affirmed the finding of contributory infringement but reversed the ruling on vicarious liability and vacated the damages award, ordering a recalculation. Cox then sought Supreme Court review, asking the Court to clarify whether knowledge of infringement combined with continued service is enough to establish contributory liability and “willfulness” under U.S. copyright law.
During oral arguments, the justices expressed concern about the broader implications of either side’s position. Some questioned whether imposing liability based solely on knowledge and inaction would effectively turn ISPs into “internet police,” forcing them to cut off households, businesses, or institutions based on the conduct of individual users. Others pressed whether the passive provision of internet service, without affirmative steps to promote infringement, truly constitutes a material contribution under existing precedent.
Observers noted skepticism toward reinstating the massive verdict and indications that the Court may adopt a narrower rule—one that neither grants ISPs blanket immunity nor imposes sweeping liability without clear standards. Central themes included the level of affirmative conduct required for contributory infringement, how “willfulness” should be defined, and how copyright enforcement can be balanced against the rights of innocent users sharing internet connections.
A decision is expected in spring 2026. Whatever the outcome, the ruling is likely to have far-reaching consequences, shaping ISP responsibilities, influencing enforcement strategies under the Copyright Act and DMCA safe harbors, and affecting future litigation involving online platforms and digital intermediaries well beyond the music industry.
Top Civil Justice Story of 2025
Federal MDL Advances as Thousands of Social Media Addiction Lawsuits Move Forward
In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation
Why It Made the List: Drum roll, please, for our top 2025 civil justice case, a sweeping federal multidistrict litigation is now the focal point for thousands of lawsuits alleging that major social media platforms were deliberately designed to be addictive — particularly to children and teens — and caused widespread mental health harm. Social media can be addictive for adults, who are served media and ads based on their own search patterns, and the same algorithms serve young kids and teens. The cases are consolidated as MDL No. 3047 in the U.S. District Court for the Northern District of California, which continues to oversee coordinated discovery and pretrial rulings.
As of early 2026, more than 2,200 claims are pending in the MDL. Plaintiffs include individual users, parents, school districts, and public entities alleging injuries such as addiction, anxiety, depression, eating disorders, self-harm, and suicide-linked behaviors. Defendants include major platforms such as Meta Platforms (Facebook and Instagram), TikTok (owned by ByteDance), Snapchat, and others.
Plaintiffs allege that these companies intentionally engineered addictive features, such as infinite scroll, algorithmic amplification, and variable reward systems, to maximize engagement and advertising revenue, while failing to warn users or implement meaningful safeguards for minors. According to the complaints, internal research showed known risks to youth mental health, even as public-facing statements minimized or denied those harms.
The litigation is now entering a critical phase. In late 2025, the court selected the first bellwether cases, including claims brought by school districts and individual plaintiffs. These test trials, expected to begin in late 2025 or early 2026, are designed to assess how juries respond to evidence that social media design fosters addictive behavior and causes measurable harm. Courts have also permitted expert testimony on addiction science and causation, strengthening plaintiffs’ ability to link platform design to specific injuries.
Discovery has been contentious. Judges have ordered companies such as TikTok to produce internal records related to design decisions and addiction research. Defendants have repeatedly sought dismissal, relying heavily on Section 230 immunity and First Amendment defenses. While some claims have been narrowed, courts have largely rejected attempts at wholesale dismissals, allowing the core design-defect and negligence allegations to proceed.
Beyond the MDL, the litigation continues to expand. Twenty-nine state attorneys general have sought to consolidate youth addiction cases against Meta into a unified federal proceeding. Tribal nations, including the Choctaw and Chickasaw Nations, have filed separate suits alleging that social media addiction is fueling mental health crises among tribal youth and imposing significant economic burdens. Other states, including Hawaii, are pursuing independent claims tied to youth mental health harms.
The cases are increasingly compared to earlier public health mass torts involving tobacco and opioids, as courts and policymakers scrutinize corporate conduct, knowledge, and concealment of risks. With additional bellwether trials expected in 2026, early verdicts are likely to shape settlement discussions and define the future legal exposure facing major technology companies.
