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Personal Injury & Medical Malpractice
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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.
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November 24, 2025
Penn State Says Ex-Trustee Posted Damning Letter First
The Pennsylvania State University sought to dismiss a former trustee's lawsuit over alleged retaliation for his investigating fees it paid and its finances, arguing in part that a letter he claimed had defamed him was one he had first made public himself.
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November 24, 2025
Insurer Says Bio-Lab Owes $20M For 2024 Chemical Plant Fire
A Hanover Insurance unit is owed more than $20 million from chemical manufacturer Bio-Lab Inc. and its parent companies for past and future payments made to an HVAC supply company whose property was damaged by a chemical plant fire last year, the insurer told a Georgia federal court.
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November 24, 2025
Justices Won't Review Doctor's Conviction For Reusing Devices
The U.S. Supreme Court on Monday rejected a petition from a North Carolina physician seeking to revisit the Fourth Circuit's decision to back her conviction for healthcare fraud.
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November 21, 2025
Ex-Google CEO Accused Of Sex Assault, Cyberstalking
A woman who says she dated former Google CEO Eric Schmidt has accused him of sexually assaulting her, stealing her businesses and surveilling her devices via a "backdoor" he built with Google engineers to covertly spy on employees, according to a complaint she's trying to file in California state court.
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November 21, 2025
Garmin Systems Triggered 2022 Wash. Plane Crash, Suit Says
The families of four people who died when a 2022 Cessna test flight crashed in Washington are blaming Garmin, alleging in a lawsuit the GPS giant designed faulty aircraft systems that wrestled control from the pilot and led to the plane's right wing falling off midair.
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November 21, 2025
Lemon Law Attys Urge Court To Kill Ford's 'Chilling' RICO Suit
Attorneys representing three lemon law firms urged a California federal judge Friday to dismiss a racketeering suit Ford Motor Co. brought against them alleging they engaged in fraudulent billing practices, with one saying the "chilling" litigation could open every lawsuit to similar claims.
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November 21, 2025
'Housewives' Star Says Revenge Porn Talks Were Coerced
Former "Real Housewives of Atlanta" star Brit Eady accused Bravo and the show's production company of blackmailing her into discussing a "disgusting" revenge porn incident where in front of a live event audience, a cast member showed a graphic image falsely attributed to Eady.
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November 21, 2025
Union Pacific Loses Bid To Keep Fatal Crash Case Federal
Union Pacific Railroad must face in Oregon state court a lawsuit over a crash allegedly caused by an unkept crossing that killed three people, a federal judge ruled, saying the plaintiffs have adequately made claims against an Oregon-based defendant, justifying state court jurisdiction.
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November 21, 2025
Tesla's Runaway Acceleration Led To Fatal Crash, Suit Says
A Tesla Model 3 accelerated on its own, crashing into a utility pole and exploding into an inferno that killed a Washington woman and left her husband with serious injuries, according to a lawsuit filed on Friday in federal court.
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November 21, 2025
Engineers Must Share Documents For Bridge Collapse Suits
An engineering firm must turn over documents related to bridge inspections in Pittsburgh for a group of lawsuits contending that inspectors' negligence contributed to the 2022 Fern Hollow Bridge collapse, a Pennsylvania state judge ruled Thursday.
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November 21, 2025
Iowa High Court OKs $4.3M Award Over Fatal Police Chase
The Iowa Supreme Court on Friday affirmed a $4.26 million jury verdict in a suit accusing a city's former police officer of acting negligently during a high-speed chase that resulted in a motorcyclist's death, saying municipal immunity can't be claimed by the city.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 21, 2025
3rd Circ. Rejects Boy Scout Abuse Claimants' Fee Requests
The Third Circuit on Friday backed the denial of $21 million in counsel fees to the Coalition of Abused Scouts for Justice as tort claimants in the Boy Scouts of America's bankruptcy case, ruling that the organization was not a creditor entitled to recoup money from the estate.
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November 21, 2025
Tort Report: Ga. Injury Suits Surge Ahead Of Tort Reform
Word of a big surge in Georgia injury lawsuits ahead of tort reform legislation and a $66 million Atlanta nightclub shooting judgment lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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.