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Consumer Protection
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February 19, 2026
Nev. Wants Latest Kalshi Betting Case Waged In State Court
Nevada's efforts to shutter Kalshi's sports event contracts are mired in an early procedural snag as the prediction market angles to litigate in federal court, while the Silver State pushes to keep the dispute within its own judicial system.
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February 19, 2026
CIT Orders Reconsideration Of Fujifilm Co.'s Industry Status
The U.S. International Trade Commission must redo its determination that a U.S. subsidiary of Fujifilm qualifies as a domestic producer for purposes of finding domestic industry has been harmed by imports from Japan and China, the U.S. Court of International Trade said.
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February 19, 2026
Ga. Appeals Court Weighs Kratom Seller's Liability
A Georgia appellate court on Thursday gave little indication on whether it would reverse a trial court's grant of summary judgment to a kratom distributor whose customer died after consuming one of its products.
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February 19, 2026
'Sealed Container' Defense Sinks Exploding Battery Suit
A North Carolina appeals panel won't revive a man's suit against a retailer and distributor alleging he was sold a defective lithium-ion battery that exploded in his pocket, saying all his claims are blocked by the sealed container defense.
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February 19, 2026
BakerHostetler Adds Contaminants Pro From DLA Piper
BakerHostetler announced on Thursday that it has brought a San Francisco-based attorney from DLA Piper onto its product liability and toxic tort and environmental teams, calling him "one of the country's leading emerging contaminants litigators."
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February 18, 2026
Genetic Testing Co.'s Acquisition Draws Privacy Suit
Healthcare technology company Tempus AI illegally compelled a genetic testing company to disclose its "massive trove" of genetic data through acquisition and then further disclosed affected individuals' private data to other companies without consent, an Illinois mother told a federal court.
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February 18, 2026
Smith & Wesson Gets Suit Over Tracking Cookies Pared Down
A California federal judge has cut state wiretap law and several other claims from a proposed class action accusing Smith & Wesson of illegally gathering browsing data from website visitors who rejected the use of tracking cookies, while preserving allegations that the firearm manufacturer facilitated third parties' privacy intrusions.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Zuckerberg Testifies That Social Media Doesn't Harm Teens
Meta Platforms CEO Mark Zuckerberg took the stand Wednesday in a landmark California bellwether trial on claims his company and Google's YouTube harm children's mental health, saying the current scientific literature shows no causal link between social media and teens' mental health.
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February 18, 2026
Trans Health Org Sues To End 'Unconstitutional' FTC Inquiry
The World Professional Association for Transgender Health on Wednesday sued over the Federal Trade Commission's recent consumer protection investigation into the major transgender medical group, claiming the probe is an unconstitutional attack aimed at undermining access to gender-affirming care.
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February 18, 2026
Duke Energy's $17M Fuel Cost Recovery Improper, Panel Says
The North Carolina Utilities Commission was wrong to let Duke Energy recover over $17 million in fuel costs two years after they were incurred, a North Carolina appeals court panel ruled Wednesday, finding that a statute permits utilities to recover only the fuel costs incurred during a one-year "lookback period."
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February 18, 2026
Education Dept. Faces Suit Alleging Double Loan Reporting
The U.S. Department of Education has been causing student loan balances to appear doubled on borrowers' credit reports, a New York resident alleged in a proposed class action filed Wednesday in New York federal court, saying her $150,000 total loan balance was reported at $300,000.
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Halfday's 'Gut Healthy' Teas Aren't That Gut Healthy, Suit Says
Halfday was hit with a proposed class action in New York federal court on Tuesday, alleging it deceptively advertises its iced teas as having "prebiotic benefits" despite the fact that they only contain six grams of soluble fiber, which is unlikely to have any meaningful effect on consumers' gut health.
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February 18, 2026
Robinhood Clears Fla. AG Probe Of Crypto Platform Marketing
Robinhood Markets Inc. told investors on Wednesday that Florida's attorney general has closed an investigation into the marketing practices of its crypto trading arm, ending a probe that had scrutinized whether the company misled customers about trading costs.
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February 18, 2026
Government Drops Case Over Referrals-For-Kickback Scheme
A Texas federal judge tossed an indictment accusing about a dozen physicians and pharmacists of running a sprawling patient referral scheme, ending allegations that the pharmacists gave the doctors kickbacks in exchange for expensive prescriptions fillable at specific pharmacies.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
Live Nation Can't Exit Suit Over Fatal Music Festival Shooting
A lawsuit against Live Nation over two concertgoers' deaths in a 2023 shooting at the Beyond Wonderland music festival will move forward following a Washington state judge's rejection of the entertainment giant's argument that the event was unforeseeable.
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February 18, 2026
BofA Military Interest Cap Suit Should Be Tossed, Judge Says
A North Carolina federal judge has recommended tossing a proposed class action accusing Bank of America of violating an interest cap law for military service members, saying the veteran plaintiffs have failed to allege any actual violations of federal or state law.
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February 18, 2026
Trump Admin Doubles Down At DC Circ. In Fight Over CFPB
The Trump administration has pressed the D.C. Circuit to lift an injunction barring mass layoffs at the Consumer Financial Protection Bureau, slamming it as a "sweeping intrusion" on agency management that rests on incorrect speculation about what the end goal is.
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February 18, 2026
Reddit Must Face Privacy Suit Over LiveRamp Tracker
Reddit lost its bid to nix a proposed class action alleging the social media platform violated a California privacy statute by placing a LiveRamp tracker on its website to gather visitor information for targeted advertising, after a federal judge ruled Tuesday that the tracker is plausibly a "pen register" under state law.
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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February 18, 2026
FCC Pulls 'Zombies' Named By Inspector General Off Lifeline
The Federal Communications Commission's chief said Wednesday that people wrongly enrolled in Lifeline as identified by the FCC inspector general have been removed from the telecom subsidy program, amid the FCC floating reforms to tamp down fraud.
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February 18, 2026
Mass. Judge Won't Let DraftKings Off Hook In Bonus Suit
A Massachusetts state judge has refused an early win to DraftKings on claims it ran a misleading promotion for new users of its online sportsbook, with the judge excluding from consideration after-the-fact re-creations of how the fine print was displayed to users.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
Expert Analysis
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Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.
When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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A Closer Look At California Financial Regulator's 2026 Agenda
California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.
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California's New Privacy Laws Demand Preparation From Cos.
An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What Rescheduling Means For Cannabis Labels, Marketing
The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.
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What Applicants Can Expect From Calif. Crypto License Law
With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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What Clarity Act Delay Reveals About US Crypto Regulation
The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.
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Reviewing The Legal Landscape Of Social Media For Minors
States have initiated a wave of legislation regulating minors' access to and use of social media platforms, so it will be critical for social media companies to closely track the patchwork of state laws and pending legal challenges so they are prepared to pivot if necessary, say attorneys at Sidley.
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How Latest Nasdaq Proposals Stand To Raise Listings Quality
Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.
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Texas AG Wields Consumer Protection Law Against Tech Cos.
Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.
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When Bankruptcy Collides With Product Recalls
The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.