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Personal Injury & Medical Malpractice
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October 09, 2025
9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials
The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."
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October 09, 2025
UMG Beats Drake's 'Not Like Us' Diss Track Defamation Suit
A New York federal judge Thursday tossed Drake's defamation suit against Universal Music Group over the hip-hop artist's rival Kendrick Lamar's "Not Like Us," saying the diss track's lyrics accusing Drake of being a "certified pedophile" are opinion and trash talk, not factual statements that are actionable.
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October 09, 2025
Ga. Panel Considers Reviving Suit Over Fatal Work Fall
The family of a man who fell to his death at SK Battery America Inc.'s lithium-ion battery production plant in Commerce, Georgia, on Thursday urged the state's intermediate appellate court to revive the case, arguing a trial court wrongly granted summary judgment to SK and its contractors.
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October 09, 2025
Weinstein Says Jurors Traded Threats, Tainting Verdict
Harvey Weinstein's legal team said his June sexual assault convictions were tainted by juror misconduct, including physical threats and an unfounded bribery claim, arguing in a motion for a new trial that a judge refused to properly investigate.
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October 09, 2025
McKesson Aims To Escape Dealer Claims In Overdose Death
Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.
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October 09, 2025
BNSF Must Face Trial Over Mont. Woman's Death On Tracks
A Montana federal judge on Thursday refused to toss a suit accusing BNSF of causing the death of a woman hit by a train while walking her dog, saying it should be up to a jury to decide if the railroad failed to provide adequate signage in the area.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Feds Probe Tesla's 'Full Self-Driving' Over Traffic Violations
The U.S. auto safety regulator is investigating Tesla's advanced driver-assistance system known as Full Self-Driving after reports of accidents involving vehicles operating with FSD that have run red lights or crossed into opposing lanes of traffic.
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October 09, 2025
San Antonio Abandons Out-Of-State Abortion Travel Appeal
The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.
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October 09, 2025
Mich. Justices Mull Tort Damages Bar For Nonresident Drivers
Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Insurer Pushes For Default Win In Trench Injury Coverage Suit
An insurer is seeking a default win in its dispute over coverage for a man's trench injury lawsuit, telling an Illinois federal court Thursday that the man has failed to appear or respond to the coverage action.
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October 09, 2025
Megan Thee Stallion Wins Sanctions Over Deleted Messages
A Florida magistrate judge Thursday sanctioned online personality Milagro "Mobz World" Cooper for deleting thousands of text messages and WhatsApp data after being told to preserve evidence in rapper Megan Thee Stallion's defamation and cyberstalking suit against her.
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October 09, 2025
Kentucky AG Enters Roblox Fray, Says App Attracts Predators
The Kentucky attorney general has filed his own suit against Roblox, joining other plaintiffs alleging that the popular gaming platform fails to safeguard against adult sexual predators seeking to target and exploit minors despite assurances to parents that its platform is safe for their children.
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October 09, 2025
Tire-Maker Takes 13 Revived Asbestos Suits To NC High Court
Continental Tire is asking North Carolina's top court to review whether more than a dozen workers' compensation cases linked to alleged asbestos exposure at one of its factories should carry on, saying the claimants cannot skirt the results of a bellwether trial.
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October 09, 2025
Patient Asks 4th Circ. To Revive Faulty Ethicon Stapler Suit
A surgery patient is asking the Fourth Circuit to reinstate his suit against Johnson & Johnson subsidiary Ethicon Endo-Surgery LLC over faulty staples used in his procedure, saying the district court was wrong to deny his request to extend an expert deadline after he finally narrowed down the type of stapler used.
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October 09, 2025
Va. Panel Nixes $2.5M Med Mal Verdict Over Jury Instruction
A Virginia state appeals court has overturned a $2.5 million verdict awarded to a woman who sued an anesthesiologist because he did not provide anesthesia before her cesarean section, finding that the jury should have been given an instruction on superseding cause.
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October 08, 2025
NYC Takes Social Media Youth Addiction Suit To Federal Court
New York City has withdrawn from coordinated litigation against social media companies in California and filed a largely identical suit in federal court, a move the city determined was in its "best interest" for holding the companies accountable for purposefully getting youth hooked on their addictive platforms, a spokesperson said Wednesday.
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October 08, 2025
Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit
Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.
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October 08, 2025
Next Boeing 737 Max Ethiopian Air Cases Set For Nov. 3 Trial
A Chicago damages trial has been set for Nov. 3 for two families forging ahead with wrongful death cases against Boeing over the Ethiopian Airlines 737 Max 8 crash of 2019, with three additional cases up next for trial, counsel for the families said Wednesday.
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October 08, 2025
Ga. Panel Upholds $250K Award Over False Murder Claims
The Georgia Court of Appeals affirmed a lower court's denial of a new trial for a man hit with a $250,000 verdict after falsely claiming that an attorney murdered his own wife, rejecting the man's claims that damages weren't properly pled in the complaint filed against him.
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October 08, 2025
Mark Sanchez, Fox Hit With Civil Suit Over Alleged Assault
Former NFL quarterback and Fox Sports announcer Mark Sanchez has been sued for civil battery over an alleged drunken altercation that left a 69-year-old truck driver with serious injuries, while Fox Corp. was hit with a negligent hiring claim, according to a suit filed in Indiana state court.
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October 08, 2025
NJ Court Partially Revives Worker's Suit Over Truck Collision
A New Jersey appeals panel on Wednesday partially reinstated a worker's negligence claim against a wine company, finding there were questions about its relationship to the worker's employer and whether it owed him a duty of care.
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October 08, 2025
Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings
Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.
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October 08, 2025
LA County Probes Firm's Conduct In $4B Sex Abuse Deal
The Los Angeles County Board of Supervisors has unanimously voted to launch an investigation into a record $4 billion sex abuse settlement it approved earlier this year following claims that the Downtown L.A. Law Group paid people to file complaints.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.