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February 10, 2026
BOSTON — The First Circuit U.S. Court of Appeals affirmed in part a New Hampshire federal court’s ruling dismissing for lack of personal jurisdiction a former police officer and his wife’s negligence suit against a company that operates an online marketplace for firearms, finding “no basis for disturbing the District Court's purposeful-availment ruling insofar as it does not relate to” additional evidence provided by the couple.
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February 10, 2026
BOSTON — Affirming summary judgment and discovery rulings in a life insurance beneficiary designation dispute involving a group life insurance policy governed by the Federal Employees' Group Life Insurance Act (FEGLIA), the First Circuit U.S. Court of Appeals said in part that when one party finally filed a motion “for a court order to access [the decedent’s] medical records six years into litigation, the extended discovery period had already closed, and the parties had filed cross-motions for summary judgment.”
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February 10, 2026
BATON ROUGE, La. — A Louisiana judge denied a motion to compel production of a blood sample for genetic testing in an asbestos lung cancer case, saying there was insufficient causation evidence before the court that would warrant allowing the medical procedure.
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February 09, 2026
OAKLAND, Calif. — After parties filed a joint stipulation regarding discovery documents, a California federal magistrate judge issued an order granting the stipulation, which established that documents Meta Platforms Inc. agreed to produce constitute all documents currently at issue in a product liability multidistrict litigation over the purported addictive qualities for adolescents of several of the largest social media platforms.
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February 09, 2026
SEATTLE — Ruling against the appellants on every issue raised in the challenge including monetary and other sanctions for discovery violations in a civil suit over faulty water pipes, the Division I Washington Court of Appeals said in part that no authority was cited for the proposition “that due process required the” court that presided over a jury trial “to notify counsel that it was considering personal sanctions.”
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February 06, 2026
SANTA FE, N.M. — The New Mexico Supreme Court affirmed a trial court’s ruling striking a late-filed expert affidavit in a medical negligence case and its subsequent grant of summary judgment in favor of the defendants for lack of causation but on different grounds than the intermediate appellate court, finding that the trial court’s action was not a discovery sanction but instead an exercise of “its authority to enforce a scheduling order.”
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February 06, 2026
OKLAHOMA CITY — In a 7-1 decision in a case centered on two reports that the University of Oklahoma commissioned from a law firm concerning possible personnel misconduct and involving what the term “pending” means in the state’s attorney-client privilege statute, the Oklahoma Supreme Court affirmed a summary judgment ruling that the privilege applies to the reports.
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February 05, 2026
DALLAS — A commercial property insurer is required to produce underwriting and personnel files related to an insured’s storm damage claim because the files are applicable to the insured’s claim, a Texas federal magistrate judge said in partially granting the insured’s motion to compel.
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February 03, 2026
KNOXVILLE, Tenn. — A Tennessee federal magistrate judge on Feb. 2 granted in part the parties’ discovery requests in a suit filed by UnitedHealthcare Insurance Co. and related entities alleging that medical staffing companies were “upcoding” claims, resulting in millions of dollars in overpayment.
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February 03, 2026
TRENTON, N.J. — A commercial auto insurer and a joint insurance fund filed cross-motions for summary judgment in a New Jersey federal court in a dispute stemming from a multimillion dollar settlement of a personal injury lawsuit involving a municipally owned ambulance, with the insurer arguing that policy language places primary responsibility on the insurance fund and the insurance fund contending that state law requires exhaustion of commercial coverage first.
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February 03, 2026
DENVER — A Colorado Supreme Court majority issued a partial reversal and remand in an interlocutory appeal concerning the child abuse exception to physician-patient privilege under Colorado law, drawing a partial dissent that expresses concern that the ruling “will inadvertently throw a monkey wrench into the prosecution of a large swath of child abuse cases.”
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February 03, 2026
DENVER — Holding that while a trial court is authorized under state rules of criminal procedure “to order a nonparty to disclose materials or information to a defendant during pretrial discovery,” those orders “are enforceable only if the court also obtains personal jurisdiction over the nonparty,” a divided Colorado Supreme Court vacated a trial court’s order for production of the complete investigative file in a separate criminal case, finding that because the district attorney’s office handling that case was not properly served, the trial court lacked jurisdiction over it.
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January 30, 2026
NEW ORLEANS — A federal judge in Louisiana on Jan. 29 granted a joint motion governing a blood draw for genetic testing purposes in a mesothelioma case after finding that because the cause of the plaintiff’s mesothelioma was in controversy, the procedure satisfied federal rules.
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January 29, 2026
RALEIGH, N.C. — The plaintiffs who are suing the U.S. government related to the drinking water contamination issues at Camp Lejeune have filed a brief in North Carolina federal court requesting that it preclude the government from offering evidence of any award, payment, or benefit immaterial to and/or outside of the scope of the Offset Provision in the Camp Lejeune Justice Act (CLJA), because they argue that the government “seeks to rewrite” the CLJA in an attempt to “apply the Offset Provision beyond its terms.”
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January 29, 2026
NEW YORK — After conducting an in camera review of documents in a discovery dispute in an insurance coverage suit, a New York federal magistrate judge ordered a nonparty New York diocese to provide specified documents from a personnel file it maintained for a priest alleged to have committed sexual abuse against children while working at another Roman Catholic diocese in the state.
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January 27, 2026
NEW ORLEANS — With the parties working toward mutually acceptable language for an order compelling a blood draw for genetic testing in a mesothelioma case, the railway at the heart of the dispute filed a consent motion seeking additional time to submit the order.
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January 27, 2026
WASHINGTON, D.C. — Apple Inc. and its CEO waived their right to respond to a petition for a writ of certiorari filed by a professional certification school seeking review of the Ninth Circuit U.S. Court of Appeals’ affirmance of a lower court’s ruling compelling arbitration and dismissing a class action antitrust suit alleging that Google and Apple violated state and federal antitrust laws by unlawfully agreeing to divide online search and search advertising markets.
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January 26, 2026
LAS VEGAS — A federal magistrate judge in Nevada recommended that an expert retained by a woman who alleges that she was injured in a Target store be barred from testifying because his opinions are unreliable under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc.
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January 23, 2026
FORT WORTH, Texas — OpenAI entities need not produce their source code in X Corp. and X.AI LLC’s lawsuit challenging the integration of ChatGPT into Apple products, a federal magistrate judge in Texas held Jan. 22.
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January 23, 2026
WASHINGTON, D.C. — A patent-holding company tells the U.S. Supreme Court that the Federal Circuit U.S. Court of Appeals was wrong to affirm a Florida federal judge’s entry of sanctions against it, in part because the appeals court did not rely on the District Court’s primary bad faith finding.
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January 23, 2026
WASHINGTON, D.C. — Two Qatari financial firms that were sued for purportedly providing financial assistance to terrorists filed a waiver in the U.S. Supreme Court on Jan. 22, declining to respond to a petition for a writ of certiorari, in which the law firm that represented the underlying plaintiffs urges the high court to prevent foreign litigants from using a federal law that permits discovery for use in foreign proceedings as a means of evading “binding protective orders” protecting sensitive materials from discovery.
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January 23, 2026
WASHINGTON, D.C. — Weighing in again on a pension calculation class action that has repeatedly come before it after a permanent injunction issued in 2011, the District of Columbia Circuit U.S. Court of Appeals issued an unpublished per curiam judgment affirming denial of a motion for postjudgment discovery and accounting.
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January 22, 2026
NEW YORK — A shipping investor filed a motion in New York federal court for sanctions and an award of attorney fees against Reed Smith LLP, Greenberg Traurig LLP and an attorney at each firm, writing that they improperly sought confirmation of a JAMS award worth more than $102 million despite allegedly “knowing” that it “had been obtained through fraud” and that a judge vacated due to “false testimony.”
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January 22, 2026
ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Jan. 21 affirmed a lower court’s denial of a motion for a protective order sought by a law firm in a complex discovery dispute over allegations of fraud in an underlying case involving claims brought by Peruvian citizens who say there were injured by exposure to lead from a smelting operation. The panel held that the law firm was not entitled to attorney-client privilege or work product protection for documents related to the firm’s efforts to recruit plaintiffs for the case against the smelter.
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January 22, 2026
OAKLAND, Calif. — A woman and a foreign automaker briefed a California trial court on production of redacted autopsy records in a mesothelioma case, with the latter arguing in a reply brief that the evidence cannot be shielded behind attorney work product claims and that the production of tissue samples doesn’t alleviate the need for contemporaneous observations.