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Product Liability
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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
AstraZeneca Prevails In Whistleblower Suit 9th Circ. Revived
An Oregon federal judge tossed a former AstraZeneca sales manager's whistleblower claims that she was fired for accusing a colleague of promoting off-label drugs, in a case that took a trip to the Ninth Circuit and back.
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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 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
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
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
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
GM Sued Over Alleged Defect In Brake System
GM on Wednesday was hit with a proposed class action in Michigan federal court alleging that for years the automaker has failed to warn that the brake system in certain models can fail suddenly, making it almost impossible for drivers to depress the brake pedal in emergencies.
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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
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
FDA Changes Mind, Will Review Moderna MRNA Flu Vaccine
Moderna on Wednesday said that the U.S. Food and Drug Administration has decided to review its application for its influenza vaccine, a week after the agency refused to consider the application for the new experimental vaccine.
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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
Nicotine Pouch Co. Says FDA Unfairly Applies Tobacco Regs
A nicotine oral pouch maker is suing the U.S. Food and Drug Administration in D.C. federal court, saying the agency is arbitrarily requiring it to perform the same health studies for premarket authorization as tobacco products, despite acknowledging that its products have fewer health risks than cigarettes or other tobacco products.
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February 17, 2026
Uber Wins 'Partial' Atty Fees Reimbursement In Assault MDL
Uber can get $30,000 from an opposing attorney as "partial reimbursement" for the ride-hailing company's attorney fees in multidistrict litigation over sexual assault liability, a California federal judge ruled Tuesday, ordering the payment as a sanction against the attorney for disclosing confidential Uber information in other lawsuits.
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February 17, 2026
Buffalo Wild Wings Can Sell Breast Meat As 'Boneless Wings'
A Buffalo Wild Wings customer who claims he was deceived by the restaurant's "boneless wings" found his lawsuit in the deep fryer Tuesday, after an Illinois federal judge determined no reasonable consumer would believe the product is actually deboned chicken wings that are "reconstituted into some sort of Franken-wing."
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February 17, 2026
Unilever's Deal Over Benzene Allegations Hits Speed Bump
A Connecticut federal judge on Tuesday declined to grant preliminary approval to a proposed $3.6 million class action settlement with Unilever to end claims that certain aerosol dry shampoo propellants contained benzene, saying the settlement class is too broad and that the covered time period goes back too far.
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February 17, 2026
Walgreens Can't Ditch 'Dishwasher Safe' Cutlery Dispute
An Illinois federal judge largely rejected a bid from Walgreen Co. and other companies to ditch a proposed class consumer suit targeting plastic cutlery that melted in a dishwasher, saying the customer has plausibly alleged that the utensils' front packaging label features a misleading claim that they are "dishwasher safe."
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February 17, 2026
Atty Can't Both Lead And Rep Class In Lawsuit, NJ Court Says
An attorney can't be both the lead plaintiff and class counsel in a class action, a New Jersey appeals court ruled Tuesday, leaning on a more than 40-year-old state supreme court decision in denying class certification in a lawsuit accusing an electric bike maker of selling defective products.
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February 17, 2026
Boeing, Ex-CEO Escape Fund's 737 Max Fraud Suit
An Illinois federal judge on Tuesday tossed a securities fraud suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying a Massachusetts-based investment fund cannot pursue claims purportedly assigned to it by a defunct assignor.
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February 17, 2026
Cohen Milstein To Rep Perrigo Investors In Formula Biz Suit
Cohen Milstein Sellers & Toll PLLC will represent a proposed class of Perrigo Company PLC investors who allege the company failed to disclose critical issues with infant formula operations that it purchased from Nestlé and caused stock prices to drop as the issues came to light.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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3 Trends From AI-Related Securities Class Action Dismissals
A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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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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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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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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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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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.