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Personal Injury & Medical Malpractice
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September 12, 2025
Atlanta Braves, Player Pulled Back Into Fans' Injury Suit
The Georgia Court of Appeals on Friday reversed a trial court order freeing the Atlanta Braves and baseball outfielder Jorge Soler from a suit filed by a married couple who allege the wife was injured after being struck in the eye with a baseball during a 2021 World Series game.
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September 12, 2025
Entertainment Center Escapes Suit Over 'Freakish' Collision
A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.
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September 12, 2025
1st Circ. Says Cops Partially Immune In Kneeling Case
Two Massachusetts police officers have qualified immunity for some conduct that allegedly led to a man's death following a wellness check, the First Circuit has ruled.
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September 12, 2025
Insurer Says Demolition Co. Can't Pursue Damage Offset
An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.
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September 12, 2025
Ohio Panel Won't OK Sanctions In Casino Assault Suit
An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.
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September 11, 2025
Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'
A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.
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September 11, 2025
2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs
A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal
Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.
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September 11, 2025
Ga. Panel Sends Officer Crash Suit Back For Notice Review
The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.
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September 11, 2025
Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute
Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.
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September 11, 2025
Panel Says $4.5M Wrongful Death Award Lacked Evidence
A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.
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September 11, 2025
Texas Justices Wary Of Letting Developers Out Of $75M Bond
Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.
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September 11, 2025
Roblox, Discord Again Accused Of Ignoring Teen Exploitation
The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.
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September 11, 2025
Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute
A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.
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September 11, 2025
Trump Taps American Airlines Pilot For NTSB
President Donald Trump has nominated an American Airlines pilot to serve as a member of the National Transportation Safety Board, filling a vacancy on the five-member board that's contending with a series of high-profile accident investigations.
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September 11, 2025
Fla. Doc Can Pursue Defamation Claims Against CNN, Cooper
A Florida appeals court has reversed an order throwing out a pediatric doctor's suit against CNN, Anderson Cooper and reporters for the network, saying a jury should decide whether they defamed him through the use of unadjusted mortality rates at his hospital.
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September 11, 2025
2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions
Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.
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September 11, 2025
Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told
French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.
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September 11, 2025
Calif. Panel Frees Walmart From Fatal Big Rig Crash Suit
A California appeals panel won't revive a woman's claims against Walmart Inc. and one of its suppliers over the death of her daughter in a collision with a delivery truck, finding her claims are preempted by the Federal Aviation Administration Authorization Act.
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September 10, 2025
Uber Balanced Safety With Need For Growth, Jurors Told
Uber's former head of global safety testified Wednesday in a bellwether trial over sexual assault allegations against the ride-hailing giant, telling jurors that during his tenure, Uber worked to balance safety priorities with its corporate growth.
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September 10, 2025
Pa. Court Upholds Defense Verdict In Throat Surgery Suit
The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.
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September 10, 2025
Denver Fights $14M Verdict Over Protester Abuse Claims
A Tenth Circuit panel pressed both sides Wednesday over whether jurors should have heard testimony from an investigator that Denver says unfairly tainted a trial which yielded a nearly $14 million verdict to 12 protesters over clashes with police during the 2020 Black Lives Matter protests in the city.
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September 10, 2025
Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims
A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.
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September 10, 2025
Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit
A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns.
Expert Analysis
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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.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.