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Personal Injury & Medical Malpractice
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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.
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February 25, 2026
Uvalde Massacre Survivors Lose Negligence Suit Appeal
A Texas appeals court on Wednesday upheld the dismissal of a lawsuit brought by students, teachers and parents who lived through the 2022 Uvalde massacre, finding that state law does not allow legal actions against agencies that fail to implement a policy.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Harvey Weinstein Swaps Attys As 3rd Rape Trial Looms
Harvey Weinstein tapped a new attorney at Agnifilo Intrater for his third rape trial slated for next month, while the former Hollywood mogul's longtime defense team at Aidala Bertuna & Kamins said it will bow out.
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February 24, 2026
PR Firms Must Face Trimmed World Cup Forced Labor Fight
A New York federal judge Tuesday trimmed Filipino construction workers' lawsuit accusing U.S. public relations firms of knowingly covering up abusive working conditions during the 2022 World Cup in Qatar, tossing state and federal claims stemming from human trafficking but allowing other federal claims premised in forced labor to proceed.
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February 24, 2026
YouTube-Watching Plaintiff Saw 17K Ads In 1 Year, Jury Hears
A YouTube executive testifying in a California bellwether trial over allegations the platform and Instagram harm children confirmed Tuesday that the company's data found the plaintiff viewed over 17,000 advertisements in one year, with her lawyer suggesting the number reflects that she spent an extraordinary amount of time on the platform.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Tesla Says Calif. DMV 'Baselessly' Called It A False Advertiser
Tesla asked a Los Angeles County Superior Court to vacate a California Department of Motor Vehicles order that it said "wrongfully and baselessly" labels the automaker a false advertiser for marketing its vehicles' "autopilot" function, calling the order "deeply flawed."
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February 24, 2026
Miller Lite Glass Injury Jury Will Hear That Bottle Was Emptied
A federal judge ruled Tuesday that jurors set to weigh injury claims by a Miller Lite drinker who swallowed glass will be told that he altered evidence out of the beer giant's presence.
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February 24, 2026
Meta Encrypted Messages At Expense Of Safety, Jury Hears
Meta made it harder to take action on conversations between predators and teens by instituting higher message encryption over the objections of the nation's child exploitation coordinating body, an executive of that group testified Tuesday in the New Mexico attorney general's mental health trial against the social media giant.
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February 24, 2026
Insurance Row Judge Unsure If Co. Distinct From Owner
A North Carolina federal judge seemed perplexed by an argument making a distinction between a sole proprietorship and the person who owns it, telling an attorney for a young woman trying to collect a $10 million judgment from an insurer in her underlying sex abuse case that the entity "doesn't seem to legally exist."
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February 24, 2026
Alaska Airlines Attendant Wins COVID Workers' Comp Appeal
Washington appellate judges sided with an Alaska Airlines flight attendant Tuesday in a workers' compensation dispute, upholding a jury verdict that Lisa M. Azorit-Wortham's March 2020 COVID-19 infection while traveling for work should be covered as an occupational disease.
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February 24, 2026
Texas Panel Skeptical That Doctor's Hands Are Property
A Texas appellate court appeared dubious at a claim that a doctor's hands count as personal property in a case accusing a state-owned hospital of healthcare negligence, asking Tuesday what to do with the state Supreme Court's instruction to narrowly construe waivers of sovereign immunity.
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February 24, 2026
Novo Nordisk Wants Expert Cut From Hospital Insulin Pen Suit
Novo Nordisk on Tuesday asked a Connecticut federal judge to remove an expert witness's report and related testimony from an insulin pen contamination lawsuit, hoping a hospital's entire case fails once the expert's opinions are blocked.
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February 24, 2026
11th Circ. Notes Lack Of Info On Why Gun Fired In $2.3M Case
An Eleventh Circuit panel appeared concerned Tuesday about the viability of a more than $2.3 million verdict awarded to a Georgia man who was injured by an unintentional shot from his Sig Sauer pistol, expressing reservations about his lack of an affirmative explanation for how the gun went off.
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February 24, 2026
Firm Ordered To Show Proof In Google Teen‑Harm Fee Fight
A Florida federal judge has ordered an Orlando firm to submit documents substantiating its claims that it is owed a cut of a pending settlement in a suit accusing Google LLC and a chatbot company of causing the suicide of a teen, after a former attorney said the firm's claims were "baseless."
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February 24, 2026
Mich. Judge Bars 'Hearsay' Testimony In Flint Water Trial
A Michigan federal judge on Tuesday sharply limited the scope of testimony in the Flint water trial from a regional counsel for the U.S. Environmental Protection Agency, ruling the attorney may not serve as a "conduit for hearsay" or narrate events he learned through preparation for a deposition.
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February 24, 2026
Detective Wants Immunity For Fla. GOP Chair Phone Search
A Sarasota police detective has moved to dismiss a lawsuit brought by the former chair of the Florida Republican Party accusing her of violating the Fourth Amendment during a 2023 sexual assault investigation, arguing she is protected by qualified immunity and relied on judge-approved warrants.
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February 24, 2026
House Votes Down Aviation Safety Bill After DCA Collision
The House on Tuesday defeated legislation that would've mandated aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.
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February 24, 2026
$3M Verdict Upheld In Philly Wrongful Conviction Case
A federal judge has refused to undo a $3 million jury verdict against the city of Philadelphia and several police officers in a wrongful conviction case, rejecting efforts by both sides to overturn the outcome and declining to sanction the plaintiff's lawyers.
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February 24, 2026
Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case
A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.
Expert Analysis
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Risk Mitigation For Psychedelic Use In Reproductive Health
With the rising use of psychedelics among women of reproductive age and the absence of clear professional guidelines regarding risk labeling, healthcare providers and facilitators should adopt proactive, evidence-based approaches to mitigate malpractice liability risks, say Kimberly Chew at Husch Blackwell and Sara Shoar at the University of Southern California.
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State Of Insurance: Q3 Notes From Pennsylvania
Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.
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10 Quick Tips To Elevate Your Evidence Presentation At Trial
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Identifying The Sources And Impacts Of Juror Contamination
Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.
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Pa. Court Reaffirms Deference To Workers' Comp Judges
In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.