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Product Liability
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February 12, 2026
DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule
Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.
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February 12, 2026
Vape Co. Seeks Stay Of $1.6M Judgment In Battery Blast Suit
A vape wholesaler is asking the North Carolina Supreme Court to stay a $1.6 million judgment it was ordered to pay to the estate of a man who suffered burns when a lithium ion battery exploded in his pocket, while the estate on Thursday filed an opposition to the stay.
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February 12, 2026
'Texit' Crypto Offering Halted By Texas Securities Regulator
Texas' state securities regulator has filed an emergency cease-and-desist order against an enterprise selling mining interests for a cryptocurrency invoking the Texas secession movement, alleging the scheme constitutes a fraudulent and unregistered offering and sale of securities.
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February 12, 2026
Town Officials Off Hook For Railroad's Axed Superfund Deal
A Massachusetts intermediate appellate panel affirmed that two Hopedale officials are immune from claims that they torpedoed a railroad's contract to ship uranium-contaminated soil through their town of 6,000, saying the officials "had every right" to ask questions.
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February 11, 2026
Avon Loses Appeal Over $51M Verdict In Mesothelioma Case
A California appellate court on Wednesday refused to wipe out a $51 million jury verdict against Avon for the cancer a woman says she got from using its asbestos-tainted talc, rejecting the cosmetic company's qualms with expert testimony and the trial court's evidentiary rulings.
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February 11, 2026
9th Circ. Partly Reverses Ford's 'Death Wobble' Class Cert.
The Ninth Circuit Wednesday partly remanded a class certification ruling in litigation brought by Ford buyers alleging some of the auto giant's pickup trucks have a steering defect known as the "death wobble," saying the record shows that the claimed defect manifested at varying rates in different model years.
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February 11, 2026
7th Circ. May Seek Ill. Justices' Input In Hyundai BIPA Row
A Seventh Circuit panel on Wednesday appeared skeptical about whether Hyundai Motor America had any control over biometric data captured by cameras installed in certain Hyundai vehicles and how a proposed class of drivers was injured under Illinois' biometric privacy law, but one judge suggested the case presents a question the state's top court may need to answer.
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February 11, 2026
'The Shoe Is On The Other Foot': Judge Needles Meta In MDL
A California federal judge presiding over social media addiction multidistrict litigation Wednesday criticized Meta's bid to push newly filed arbitration demands into court, saying she doesn't have jurisdiction over those claims and noting "big companies" are always insisting on arbitration, but "when they don't like the fact that they're arbitrating, they complain about it."
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February 11, 2026
Wash. Atty 'Vehemently' Denies Using AI In Supplement Suit
A Washington state plaintiff's attorney "vehemently" denied allegations that she submitted filings riddled with artificial intelligence hallucinations in a product liability case, as defense counsel countered during a hearing Wednesday that the misconduct has persisted and called on a Washington federal judge to "stop the bleeding."
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February 11, 2026
Ford Slams Lemon Law Attys' Bid To Escape Billing Fraud Suit
Ford Motor Co. urged a California federal judge to keep alive its lawsuit accusing three Knight Law Group LLP-affiliated attorneys of orchestrating a massive fraudulent legal billing scheme, scoffing at the attorneys' argument that they are immunized from liability related to lemon law litigation they have pursued.
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February 11, 2026
GM Execs Ditch Investors' Cruise AV Securities Fraud Suit
A Michigan federal judge on Wednesday tossed the remaining claims against General Motors and its top executives in a proposed securities fraud class action alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.
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February 11, 2026
Zipper Malfunction In Hyperbaric Chamber Leads to Lawsuit
A Colorado woman who sought treatment in a hyperbaric chamber claims she was injured when a zipper on the device malfunctioned, causing her to sustain injuries and exacerbating her symptoms from an existing brain injury, according to a lawsuit filed in state court.
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February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban
The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
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February 11, 2026
4th Circ. Revives School Shooting Suit Against Gunmakers
A split Fourth Circuit panel Wednesday revived a lawsuit against a number of gun manufacturers brought by two victims of a 2022 school shooting in Washington, D.C., finding that the victims indeed had standing to bring their claims.
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February 11, 2026
Boeing Aims To Nix Polish Airline's $8.4M Damages Report
Boeing has asked a Seattle federal judge to exclude an $8.4 million "eleventh hour" damages report prepared by a Polish airline's expert, arguing it is not only untimely but also irrelevant to testimony the jury will hear.
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February 11, 2026
Beasley Allen Wants Talc DQ Paused Pending High Court Appeal
Hundreds of women who claim their ovarian cancer was caused by Johnson & Johnson's talcum powder risk appearing in an upcoming trial without their preferred counsel from the Beasley Allen Law Firm, unless a New Jersey state court stays an order disqualifying the firm, it said.
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February 11, 2026
Reed's Ginger Ale Has Synthetic Ingredients, Suit Says
A California woman is suing Reed's Inc. in federal court, alleging that its ginger ale drinks are falsely labeled as having only natural ingredients because they contain an artificial sweetener and preservative.
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February 10, 2026
Justices Asked To Review $600M Train Derailment Deal
Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment who reached a $600 million class settlement told the U.S. Supreme Court Tuesday they don't plan to respond to objectors' petition seeking review of the Sixth Circuit's decision to toss their appeals of the settlement.
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February 10, 2026
Appeals Judge Questions Sanctions In Hurricane Straps Suit
A Ninth Circuit judge on Tuesday said he's "scratching [his] head" over a magistrate judge's order sanctioning Robins Kaplan lawyers for "baseless filings" in the first version of a complaint later amended over allegedly corroding construction connectors and fasteners, saying it might just "not have been the best written complaint."
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February 10, 2026
Meta Gave Short Shrift To Safety Efforts, Ex-Exec Testifies
A former Facebook safety executive testified Tuesday in the New Mexico attorney general's trial against Meta that over his time there, proposals for safety improvements faced increasing resistance and onerous approvals in which non-safety colleagues "whittled down" their effectiveness.
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February 10, 2026
US Says Abbott Lied, Must Repay Funds Spent On Formula
Abbott Laboratories must face the federal government's lawsuit over the 2022 infant formula crisis caused by the discovery of potentially deadly bacteria in a facility that made baby formula, prosecutors told a Michigan federal court, saying the company "repeatedly lied" about the cleanliness of its plant.
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February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027
The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.
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February 10, 2026
Jury Asked To 'Send A Message' To J&J As Talc Trial Wraps
Counsel for a woman who died of ovarian cancer asked a Philadelphia jury to "send a message" with its verdict at the closing of the court's second talc mass tort trial against Johnson & Johnson, suggesting they should consider the company's multibillion-dollar net worth when coming up with a punitive damages award.
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February 10, 2026
Suit Claims OxyChem Is Ducking Superfund Cleanup Costs
Numerous companies potentially responsible for a Superfund site off the Lower Passaic River have accused a newly formed Berkshire Hathaway Inc. subsidiary in New Jersey federal court of skirting its own cleanup obligations, taking aim at the complex reorganization that created the subsidiary.
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February 10, 2026
9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit
Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.
Expert Analysis
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Suncor Is Justices' Chance To Rule On Climate Nuisance Suits
If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise
As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.
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How MAHA Is Taking Shape At The State Level
The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.