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Personal Injury & Medical Malpractice
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February 19, 2026
Texas Panel Unsure Midwife Can Escape Abortion Order
A Texas appellate court pushed back on a midwife's assertion that a court order blocking her from providing abortions flouted the state's rules of civil procedure, saying Thursday she wasn't facing the lawsuit "for doing appendectomies."
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February 19, 2026
Feds Look To Revive Sex Abuse Ruling Over Native Status
The U.S. is asking the Tenth Circuit for an en banc rehearing on its decision to vacate the 30-year prison sentence of a New Mexico man convicted of sexually abusing an Indigenous girl, telling the court that its error is one of exceptional importance.
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February 19, 2026
Scientist Must Give Splenda Maker Emails With In-House Attys
A scientist battling a lawsuit by the maker of Splenda over her research linking the artificial sweetener to cancer-causing chemicals must turn over emails with her employer's in-house counsel, a North Carolina magistrate judge ruled, finding they are not protected by privilege.
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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
Travelers Must Defend Ag Co.'s Herbicide Suit, With Limits
A Delaware state judge has found that Travelers Casualty and Surety Co. must fund the defense of an agricultural chemical company in six suits alleging that a chemical made by its predecessors gave users Parkinson's and kidney failure but that its defense can be limited under some of the policies at issue.
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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
Trump Orders Weedkiller Glyphosate Production Hike
President Donald Trump issued an executive order late Wednesday aimed at ramping up the production of glyphosate, the active ingredient in the weedkiller Roundup that has been accused of causing cancer in scores of lawsuits, including one on appeal to the U.S. Supreme Court.
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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
Pa. Justices Put Limits On Workers' Comp Immunity
The Pennsylvania Supreme Court on Wednesday reined in a state law offering broad immunity from liability for co-workers in workers' compensation cases, saying co‑employee immunity does not automatically apply just because two people work for the same employer.
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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
Florida Panel Says Pill Mill Charges Must Be Reinstated
A Florida state appeals court ordered the reinstatement of prescription drug-related counts against 11 individuals accused of involvement in a statewide pill mill operation, ruling Wednesday that a lower court wrongly determined their speedy trial rights were violated when dismissing the charges.
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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
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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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
Epstein Survivor Seeks Class Cert. In BofA 'Blind Eye' Suit
A survivor of Jeffrey Epstein's sex-trafficking operation who is suing Bank of America for allegedly facilitating the disgraced financier's crimes seeks certification of a class of potentially over 1,000 victims of the enterprise and has asked the court to appoint two firms as lead counsel.
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February 18, 2026
Chiefs Player's Ex Alleges He Repeatedly Assaulted Her
The former girlfriend of Kansas City Chiefs player Rashee Rice has accused the wide receiver of repeatedly physically assaulting her over the course of many months while they lived together, with some of the alleged attacks occurring while she was pregnant.
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February 18, 2026
DTE Energy Hit With $100M Fine In Clean Air Act Action
Energy company DTE Energy Co. and its subsidiaries were hit with a $100 million civil penalty and ordered to fund a $20 million air quality program after a Michigan federal judge found they violated the Clean Air Act by illegally modifying a steel-manufacturing-related facility, resulting in higher levels of pollution.
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February 18, 2026
Social Media Cos. Can't Nix Experts In Schools' Health Trial
The California federal judge overseeing multidistrict litigation claiming social media harms kids' mental health denied bids by Meta, TikTok, Google and SnapChat to block six experts' testimony on the alleged disruption and costs to school districts from a June bellwether trial over a Kentucky school district's claims.
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February 18, 2026
Insurer Must Cover $5.5M Crash Settlement, 4th Circ. Says
A highway construction company is entitled to coverage under a subcontractor's policy for a $5.5 million settlement over two motorcycle crashes, the Fourth Circuit held Wednesday, finding that the company's liability to the victims was causally connected to the subcontractor's placement of work zone signage.
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February 18, 2026
Talc Lawsuits Force Mining Co. Into Ch. 11 With Sale Plan
Vanderbilt Minerals, which mines and processes clay and other materials, has filed for Chapter 11 bankruptcy protection, citing an increase in lawsuits over alleged cancer-causing asbestos in its products.
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February 18, 2026
Senators Push For Transparency In Litigation Funding
Lawmakers are trying again to rein in third-party litigation financing, a multibillion-dollar industry that critics argue allows foreign entities to assert control of the U.S. legal system.
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February 18, 2026
Georgia Judge Aims To Escape Suit Alleging Wrongful Jailing
A judge in Georgia's Fulton County Superior Court is asking a federal judge to dismiss a suit alleging she violated an Alabama woman's constitutional rights by improperly jailing her when she was a witness in her parents' divorce, with the judge arguing that judicial immunity shields her from the suit.
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February 18, 2026
NC City Not Covered In Wrongful Conviction Suit, Court Told
An insurer claimed it has no duty to defend or indemnify a city government or one of its police detectives against a civil suit brought by a man who was wrongfully convicted of the 2008 murder of a University of North Carolina student, the insurer told a North Carolina federal court.
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February 18, 2026
Talc Claimants Tell 2nd Circ. Revlon Must Allow Late Claims
A group of talc liability claimants on Wednesday asked the Second Circuit to find reorganized cosmetics company Revlon has to pay out for their injury claims despite those claims being filed past the deadline in the company's Chapter 11 case.
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February 18, 2026
No Jurisdiction In Judicial Privacy Law Suits, NJ Court Told
Five data companies said Wednesday that a New Jersey federal court should toss suits alleging they violated the Garden State's judicial privacy law, arguing that they have no presence in the state and do not have enough contacts with it.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Opinion
$40M Award Shows Hospitality Cos. Can't Ignore Trafficking
A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.