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Product Liability
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February 19, 2026
3M Wants Michigan Landfills' Contamination Suit Tossed
3M Company has asked a Michigan federal court to dismiss two landfills' claims that it was responsible for the presence of per- and polyfluoroalkyl chemicals, or PFAS, through decades-old sales of Scotchgard, saying the suit attempts to reframe routine product sales as a waste disposal scheme.
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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.
Expert Analysis
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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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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.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Opinion
Time For Full Disclosure Of Third-Party Funding In MDLs
It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.