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Personal Injury & Medical Malpractice
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November 26, 2025
Texas Panel Won't Toss Suit Against Houston Over Teen Death
A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.
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November 26, 2025
Conn. High Court Snapshot: Utilities Fight Regulator's Orders
Connecticut Supreme Court justices will spend part of their upcoming term wading into battles between utility companies and the agency tasked with regulating them, which could shape state authority on issues from emergency response requirements to contract interpretation.
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November 26, 2025
Broward Schools Sue Insurer To Cover Parkland Settlement
The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooting at a Parkland high school, the board told a state court.
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November 26, 2025
New Orleans Archdiocese Strikes Deal With Bondholders
The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.
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November 25, 2025
11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal
A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.
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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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November 25, 2025
NYC Boutique Hotel Can't Undo $1.6M Sex Assault Verdict
A New York federal judge has denied a Manhattan boutique hotel's bid to vacate a $1.6 million judgment awarded to a hotel guest who was sexually assaulted by an unlicensed massage therapist in 2018, saying a seven-figure award for pain and suffering was reasonable.
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November 25, 2025
Ariz. Court Partially Reinstates Banner Health Death Suit
An Arizona appellate court has revived a wrongful death suit accusing a Banner Health hospital and a physician of causing a patient's death from drug complications, saying the statute of limitations didn't begin running until the plaintiff received the relevant medical records.
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November 25, 2025
2nd Circ. Backs Jury's $3.85M Verdict In Sex Trafficking Case
A New York jury had enough evidence to hold retired financier Howard Rubin liable for sex trafficking after six women testified that he lured them with promises of money, travel and modeling opportunities and then subjected them to violent, nonconsensual acts, the Second Circuit has ruled in upholding a $3.85 million civil verdict.
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November 25, 2025
Texas Woman Says Business Group CEO Assaulted Her
The founder of a Texas business advocacy group is suing the state's largest business association and its CEO, saying he maneuvered his way to head her group and used his leverage to try to coerce her into a sexual relationship, then assaulted her.
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November 25, 2025
Binance Faces New Terror Funding Suit From Oct. 7 Victims
More than 300 survivors and family members of those harmed in the Oct. 7 attacks on Israel are suing cryptocurrency exchange Binance and its leadership for "knowingly, willfully, and systematically" assisting the groups that planned the attacks by concealing the movement of $1 billion.
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 25, 2025
NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights
The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.
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November 24, 2025
Monsanto Must Pay $28M Roundup Award, Calif. Court Says
A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years.
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November 24, 2025
Justices Asked To Curtail Qualified Immunity's Application
A legal group dedicated to rolling back administrative power is urging the U.S. Supreme Court to take up the National Rifle Association's suit against a New York official for investigating insurance companies that worked with the gun-rights organization, arguing the Second Circuit was wrong when it ruled that the official was entitled to qualified immunity.
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November 24, 2025
Calif. Personal Injury Law Firm Sued Over Ransomware Attack
A former Adamson Ahdoot LLP client lodged a proposed class action in California state court on Friday over a Nov. 3 ransomware attack, alleging the law firm failed to protect his personal information despite touting on its website that it follows industry standards to do so.
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November 24, 2025
Prep, Panic & Poise: Inside An Associate's First Oral Argument
Fraser M. Holmes followed a long professional path to a Texas court's lectern. He'd been a baseball blogger, travel writer and social studies teacher before appellate law beckoned. After years of toil, a milestone moment — his first oral argument — finally arrived, but as justices took the bench, his heart sank: "Oh, my God. I think I've just forgotten my entire argument."
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November 24, 2025
Colo. Justices Again Uphold $40M Award In Med Mal Cap Suit
The Colorado Supreme Court on Monday denied a state hospital's bid for the justices to rehear a couple's medical malpractice damages cap lawsuit over their daughter's care, upholding for a second time a nearly $40 million judgment against the institution.
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November 24, 2025
5th Circ. Finds Gun Ban For Pot Users Unconstitutional
A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.
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November 24, 2025
Justice Thomas Says Court Should Clarify Military Immunity
For the third time in five years, Justice Clarence Thomas on Monday said the U.S. Supreme Court should have granted review of a long-standing court precedent shielding the government from claims incidental to military service, in a suit over the death of an off-duty Air Force service member.
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November 24, 2025
Conn. Family Can't Go After ENT Insurer Following Failed Deal
A Connecticut state court tossed a family's suit seeking a declaration as to the insurance coverage available to an ear, nose and throat center that rejected the family's settlement offer in an underlying malpractice case, saying the family hasn't alleged an actual dispute or injury in order to establish standing.
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November 24, 2025
NY High Court Says Gun Permit Scheme Is Bruen-Compliant
New York's highest court on Monday ruled that concealed weapons laws in the state are constitutional and can be enforced despite a 2022 U.S. Supreme Court decision striking down portions of a law that required gun owners to provide a reason why they should be allowed to own a firearm.
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November 24, 2025
Conn. Law Firm Sued Over $7.5M Truck Crash Judgment
A Connecticut food distributor is suing Harlow Adams & Friedman PC in state court over a $7.5 million judgment from a personal injury lawsuit, saying the law firm miscalculated the suit's value, didn't keep its client informed and missed deadlines at the trial and the appellate levels.
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November 24, 2025
Conn. Must Pay $2.5M Over Foster Teen's Death
A Connecticut state judge has awarded $2.5 million to the estate of a teenager who died in therapeutic foster care, finding the state's poor records and communication led to the teen not receiving the care he needed.
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November 24, 2025
Fla. Jury Awards $50M In DNA Case Involving Ex-Marvel CEO
A Florida jury awarded more than $50 million to Marvel Entertainment's former CEO and his wife over the surreptitious collection of her DNA in an attempt to falsely link her to an anonymous hate letter campaign, finding that a neighbor and an insurance company attorney conspired against the couple.
Expert Analysis
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.