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Personal Injury & Medical Malpractice
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
Boeing Using Rejected Args In 737 Max Fraud Suit, Fund Says
An investment fund has told an Illinois federal judge that Boeing cannot escape a lawsuit alleging it misrepresented the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019, saying it has pinpointed specific misstatements that judges in similar cases have already deemed actionable.
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September 29, 2025
NJ Panel Rejects Suit Over Deadly Warehouse Fire
A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.
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September 29, 2025
Ga. Panel Says Insurer Not Liable For Fees In $1.5M Case
The Georgia Court of Appeals said a trial court rightly refused to make Allstate pay attorney fees after rejecting a settlement offer from a man who was later awarded $1.5 million for crash injuries, saying the award "was not warranted" because the insurer wasn't a named party at trial.
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September 29, 2025
Terumo Secures $5M Cost Award After Beating Cancer Claims
A Colorado state judge has granted a healthcare company over $5 million in costs following the company's win in its first bellwether trial against Lakewood residents who claim its medical sterilization facility caused their cancer.
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September 29, 2025
11th Circ. Backs Somatics' Win In Man's Brain Damage Suit
The Eleventh Circuit on Monday sided with Somatics LLC in a suit from a man who alleged that he suffered brain damage from treatments using one of its electroshock therapy devices, finding that the trial court was within its discretion when it dismissed and consolidated some of his claims for trial.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
Atty Behind Bogus Cites 'Tremendously Wrong,' Judge Says
A Georgia federal judge ruled Monday that an attorney for four women suing comedian Katt Williams violated a federal civil procedure rule by filing briefs including erroneous citations suspected to be generated by artificial intelligence, even as the lawyer claimed it was "the first time I've ever heard of" said rule.
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September 29, 2025
Worker Sues Over Fall Of U.S. Steel Tower Elevator
A worker says a freight elevator in downtown Pittsburgh's U.S. Steel Tower malfunctioned and dropped him four flights while he was taking it to work, causing injuries to his right ankle that needed surgeries, according to a complaint in Pennsylvania state court.
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September 29, 2025
Therapist Admits Sending Patient's Funds To Scammers
A Massachusetts psychologist will plead guilty to charges that he used a patient's accident settlement funds and borrowed money from a relative to invest in what turned out to be a cryptocurrency romance scam, the U.S. Attorney's Office announced.
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September 29, 2025
Apple Watch Failed To Detect Fall, Mass. Woman Alleges
A Massachusetts woman who suffered a serious brain injury when she fell down her basement stairs says the Apple Watch she purchased specifically for its fall detection feature failed to call 911, leaving her to spend 13 hours without medical help.
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September 26, 2025
No Immunity For Schools In Abuse Cases, NJ Justices Hear
Counsel for sex abuse victims urged the New Jersey Supreme Court on Friday to find that a 2019 law removes immunity for public entities sued over the actions of staffers, saying during an oral argument that a lower appeals court misinterpreted the statute.
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September 26, 2025
Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row
Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.
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September 26, 2025
Ex-Wall Street Financier, Assistant Charged With Sex Trafficking
Retired financier Howard Rubin and his longtime assistant were charged with sex trafficking Friday in New York federal court, where prosecutors say Rubin lured women to his New York City penthouse "dungeon" where he assaulted them.
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September 26, 2025
Crash Survivor Says Hyundai SUV's Seats Were Defective
The survivor of a "catastrophic" rear end collision, which killed his wife and left him paraplegic, is suing the driver who hit him and the Hyundai Motor Co., claiming it designed and manufactured an SUV unable to keep occupants safe when struck from behind.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Judge Backs Settlement In WanaBana Lead Poisoning Case
A federal judge in Florida on Friday recommended approving a confidential settlement between Dollar Tree and the parents of a toddler who consumed lead from WanaBana cinnamon applesauce pouches, saying it's in the child's best interests given the ongoing litigation over the recalled snacks.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Clinic Defends Legal Malpractice Suit Over Ex-Eagle's Case
A Philadelphia judge should overrule a law firm's attempts to fight malpractice claims tied to a professional negligence case brought by onetime Philadelphia Eagles safety Chris Maragos over his care following a knee injury, a medical clinic has argued, telling the court that the firm's objections are legally barred.
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September 26, 2025
Court Agrees To Venue Transfer In Worker Death Suit
A Pennsylvania appeals court has agreed with a Philadelphia County trial court that a suit against Hanover Foods Corp. over the death of a worker who fell into a bean hopper properly belongs in York County.
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September 26, 2025
Mich. High Court To Revisit Wrongful Death Tolling Rule
The Michigan Supreme Court said on Friday it would weigh whether a required notice period for medical malpractice claims extends the time wrongful death plaintiffs may wait to sue, revisiting a question it decided in 2004.
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September 26, 2025
Woman Left Blind, Paralyzed After Stroke Awarded $70.8M
A jury in Tampa, Florida, on Thursday awarded more than $70 million to a 42-year-old woman whose stroke went undiagnosed at Tampa General Hospital, which left her blind and partially paralyzed.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
Expert Analysis
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.