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Personal Injury & Medical Malpractice
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February 27, 2026
NYC Health Center Sues HHS Over $31M Medicare Repayment
The U.S. Department of Health and Human Services is unlawfully attempting to recoup more than $31 million in Medicare overpayments made during the COVID-19 pandemic, a New York City skilled nursing center told a federal court, saying it shouldn't have to repay the money.
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February 27, 2026
Up Next At High Court: Drug User Gun Possession
The U.S. Supreme Court will close out its February oral argument session by hearing its newest Second Amendment case over a federal law that prohibits drug users from possessing firearms, as well as a dispute over whether motor carrier brokers can be held liable for truck crashes under state law.
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February 26, 2026
Social Media Plaintiff 'Wanted To Be On It All The Time' As Kid
The plaintiff in a landmark bellwether trial over claims Instagram and YouTube harms children's mental health testified Thursday she started obsessively using the platforms as a small child, and that her obsession with them contributed to or worsened her anxiety, depression and body dysmorphia.
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February 26, 2026
Conn. High Court Snapshot: Transcripts, Signatures & Lyrics
When the Connecticut Supreme Court opens its new term Monday, the justices will consider if prosecutors were wrong to introduce a rap video into a murder trial and whether a former Democratic party bigwig was wrongfully denied an opportunity to challenge the expert witness in his voter fraud case.
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February 26, 2026
Pair 'Cannot Complain' About Slashed Verdict, Ga. Panel Says
The Georgia Court of Appeals affirmed Wednesday a state judge's decision to effectively wipe out a couple's crash verdict of $311,000 by deducting prior insurance payments from the judgment, ruling that the plaintiffs got "precisely what they requested" before trial.
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February 26, 2026
'Lifetimes Wasted' From Scrolling Tech, Meta's NM Jury Hears
A tech design guru who said he was an inventor of infinite scroll told a jury in the New Mexico attorney general's social media mental health trial against Meta that he's seen firsthand the power of interface design and the way inventions like his can be wielded for good or for ill.
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February 26, 2026
Cisco Shouldn't Face Falun Gong Torture Suit, Feds Tell Justices
The federal government has asked the U.S. Supreme Court to reverse a Ninth Circuit ruling that allowed Falun Gong practitioners to pursue Alien Tort Statute claims accusing Cisco of aiding China's oppression and torture of its members, saying federal courts lack the authority to create new ATS causes of action.
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February 26, 2026
Tokio Marine Unit Need Not Defend CEO In Sex Abuse Row
A Tokio Marine unit has no duty to defend or indemnify a sporting goods store and its former chief executive officer from underlying litigation by high school students alleging that he sexually exploited them during their employment at the store, a Washington federal judge ruled Thursday.
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February 26, 2026
Couple Drop Frozen Mango Listeria Suit Against Kroger
A man who claims he contracted a listeria infection from a frozen mango product he bought at Kroger has agreed to drop his lawsuit against the grocery giant and food producers, according to a joint notice filed on Wednesday.
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February 26, 2026
PacifiCorp Hit With $305M Verdict For Oregon Fire
Multnomah County jurors have awarded a $305 million verdict to 16 people who sued electric power company PacifiCorp for damages stemming from a Santiam Canyon fire in Oregon.
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February 26, 2026
Judge Scolds 'Impenetrable' TikTok In NY AG's Addiction Suit
A New York state judge Thursday chided TikTok's attorneys for failing to search for financial and corporate records in the state's social media child addiction lawsuit, appearing poised to force TikTok companies to hand over more business data to calculate potential damages or disgorgement.
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February 26, 2026
Tenn. Health System Can't Dodge $28M False Claims Act Suit
A Tennessee-based health system must face claims it allegedly ran a sprawling patient referral scheme by overcompensating doctors in exchange for Medicare patient referrals and then billed Medicare $28 million for services it offered those illegally referred patients, a Tennessee federal judge said Thursday, denying the health system's dismissal bid.
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February 26, 2026
TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal
Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
Insurer Dodges Spinoff Coverage Suit From 'Maya' Verdict
A professional liability insurer does not have to defend the law firm that secured a $213 million award for the woman at the center of the documentary "Take Care of Maya" in a dispute over trial consultant fees, after a Florida federal judge found Wednesday that the claims are not covered by the insurance policy.
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February 26, 2026
Judge Advised To Keep Progressive Shooting Coverage Case
A Louisiana federal court should not dismiss a suit by a Progressive unit asserting it has no duty to defend or indemnify a nail salon for claims stemming from a fatal shooting, a magistrate judge recommended, pointing to an assault and battery policy exclusion.
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February 25, 2026
Online Abortion Pill Provider Illegally Ships To Texas, AG Says
Texas Attorney General Ken Paxton sued Aid Access, its founder and a California doctor in state court Tuesday alleging they operate an "abortion-by-mail enterprise" that ship abortion-inducing drugs to Texas residents, which is endangering the lives of unborn children and their mothers.
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February 25, 2026
'Back To The Future' Actor Choked 'Captive' Model, Suit Says
A former British model accused "Back to the Future" actor Crispin Glover on Wednesday of coercing her into a "captive sexual relationship" after luring her to work as his assistant, telling a Los Angeles state court that Glover choked her in an "angry and agitated state," leaving a visible scar.
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February 25, 2026
Social Media Contributed To Mental Health Issues, Jury Hears
A therapist who treated the plaintiff in a landmark bellwether trial alleging Instagram and YouTube harm children's mental health told a California jury Wednesday that social media use contributed to the plaintiff's struggles, while acknowledging that social media addiction is not a diagnosis formally recognized in her field.
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February 25, 2026
Soho House Supervisor Drugged, Raped Bartender, Suit Says
A bartender for a Los Angeles restaurant operating inside the private members-only club Soho House was drugged and sexually assaulted by her supervisor, according to an employment suit filed Wednesday in California state court.
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
Fla. Court Ditches Med Mal Suit For 'Boilerplate' Expert Report
A Florida appeals court on Wednesday tossed a suit blaming a hospital for a newborn's delayed development, saying a "vague, conclusory and boilerplate" medical expert opinion submitted by the parents did not satisfy the presuit notice required by state law.
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February 25, 2026
Red Bull Can't Exit Suit Over Reporter's 'Flugtag' Injuries
Red Bull must face a suit claiming it is liable for injuries to a Pittsburgh TV reporter that occurred during filming of a news segment about the 2017 "Flugtag" event at the Three Rivers Regatta, because a Pennsylvania state judge has denied the energy drink company's motion for summary judgment.
Expert Analysis
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.