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Personal Injury & Medical Malpractice
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November 19, 2025
Colo. High Court Considers Insurers' Noncooperation Defense
Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failure-to-cooperate defense, in a case where a man was denied claims after not turning over medical records.
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November 19, 2025
4th Circ. Says Immigration Board Ignored Key Evidence
A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.
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November 19, 2025
Princeton Sued Over Student, Alumni Data Exposed In Breach
Princeton University faces two proposed class actions in New Jersey federal court accusing it of failing to take the necessary measures to protect the personally identifiable information of thousands of students, alumni, donors, faculty and other members of the university community, which was exposed during a data breach this month.
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November 19, 2025
Religious Org. Not Covered For Sex Abuse Suit, Insurer Says
A nonprofit insurer said a Christian ranch for "at-risk" boys isn't owed coverage for a lawsuit alleging physical and sexual abuse, telling a Missouri federal court that the ranch failed to adequately provide notice of the underlying claim.
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November 19, 2025
Mass. Court Says Waiver Valid In Adventure Park Injury Suit
A Massachusetts appellate court on Wednesday upheld the dismissal of a suit seeking to hold an adventure park liable for a woman's injuries, saying the liability waiver she signed is valid and enforceable.
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November 19, 2025
'Wrongly Decided' Case Backs Insurer Loss, Mich. Panel Says
An insurer is statutorily barred from suing an auto shop to recoup personal injury protection benefits it paid to policyholders injured in a crash, a Michigan state appeals court affirmed, though saying it is bound by a 1993 case it believes was "wrongly decided" and should be reviewed.
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November 19, 2025
Pfizer To Pay $41.5M To Settle Adulterated ADHD Drug Claims
Pfizer Inc. and Tris Pharma Inc. agreed Wednesday to cough up $41.5 million to settle claims brought by Texas that it gave adulterated ADHD drugs to children, ending a lawsuit alleging the companies violated a state healthcare fraud law.
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November 19, 2025
Doc Takes Plea, Avoids Prison In Novel Opioid Death Case
A retired Massachusetts doctor pled guilty and was sentenced to five years of probation in a first-of-its-kind involuntary manslaughter case over a patient's 2016 opioid overdose death, the state attorney general's office announced.
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November 18, 2025
Health Co. Execs Convicted In $100M Adderall Sales Scheme
A San Francisco federal jury weighing a first-of-its-kind case on Tuesday convicted two digital healthcare company executives of scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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November 18, 2025
Karen Read Says Police, Witnesses Framed Her For Murder
Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, sued witnesses from her trial, claiming she was framed for the crime and that local law enforcement allowed the scheme by "intentionally sidestepping fundamental investigatory procedures."
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November 18, 2025
Ex-FDA Chief Accuses J&J Of Hiding Talc Risks For 50 Years
A former head of the U.S. Food and Drug Administration spent a contentious day under cross-examination Tuesday in a Los Angeles bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer, accusing the company of hiding the products' health risks for over 50 years.
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November 18, 2025
Sig Sauer Let Ad Men Guide 'Defective' Gun Design, Suit Says
Sig Sauer Inc. allowed its marketing team to remove key safety features on its popular P320 pistol, resulting in a "defectively designed" weapon with a light trigger that's killed at least one person, a Washington gun owner alleged Monday in the latest of dozens of suits over the gun's design.
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November 18, 2025
'Surrender' Note Warrants Med Mal Retrial, Ill. Justices Hear
A below-the-knee amputee who lost his medical malpractice trial urged the Illinois Supreme Court to order a retrial in his case Tuesday, arguing a note stating a juror sided with the defense simply to end deliberations proves the verdict was not unanimous.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Plaintiffs Seek Meta Research Docs On Youth Users
Plaintiffs urged a Los Angeles judge to compel Meta to produce unredacted internal documents that they say show its attorneys changed company research about the effects of social media on the young, citing a recent order by a Washington, D.C., judge in related litigation.
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November 18, 2025
6th Circ. Revives Deadly Force Suit Against Mich. Police
A divided Sixth Circuit panel found Tuesday that a pair of Lansing, Michigan, police officers are not entitled to qualified immunity for shooting and killing a man outside his home, reviving an excessive force claim against the officers.
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November 18, 2025
Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row
Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.
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November 18, 2025
Calif. Panel Won't Revive Hip Replacement Med Mal Suit
A California appeals panel won't reinstate a man's suit alleging he needed to have his hip replacement redone after his leg shrank two inches, saying he failed to rebut the doctor's expert testimony that the initial surgery was within the standard of care.
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November 18, 2025
Purdue's $7.4B Ch. 11 Plan Jibes With New Release Paradigm
A New York bankruptcy judge gave a bench ruling Tuesday explaining his decision to confirm Purdue's $7.4 billion Chapter 11 plan, which transforms the pharmaceutical giant into a public benefit company, ruling that liability releases fully comply with new restrictions imposed by the U.S. Supreme Court last year.
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November 18, 2025
NOLA Diocese Bondholders Can't Press Consolidation Bid
A Louisiana bankruptcy judge on Tuesday told bondholders they cannot argue for consolidating the bankruptcy cases of the Roman Catholic Archdiocese of New Orleans and its parishes at the ongoing confirmation hearing for the archdiocese's Chapter 11 plan.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
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November 18, 2025
Texas Court Wipes Out $700K Verdict Against Security Firm
A Texas appellate court on Tuesday tossed a $700,000 jury verdict against a security company found liable for injuries suffered by a security guard who was stabbed by another employee, finding insufficient evidence to support claims that the security firm's alleged negligence caused the incident.
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November 18, 2025
Medical Jet Co. Sued Over Fatal Crash In Philadelphia
A medical air transportation company has been sued in Philadelphia over a deadly plane crash in January that occurred in the Northeast section of the city, killing eight and injuring more than 20 people.
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November 18, 2025
Colo. High Court Takes Up Felony Killing Damages Cap
The Colorado Supreme Court agreed Monday to hear a dispute over how courts should apply the "felonious killing" exception to a state statute that caps noneconomic damages in wrongful death cases, granting competing petitions by Xcel Energy and the family of a woman killed in a 2018 natural gas explosion.
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November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement
Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
Expert Analysis
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.