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Personal Injury & Medical Malpractice
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September 09, 2025
NFL Insists Ex-Raiders Coach Case Belongs In Arbitration
The NFL and Commissioner Roger Goodell have urged the Nevada Supreme Court to reconsider its decision to keep out of arbitration a lawsuit filed by former Las Vegas Raiders head coach Jon Gruden accusing the league of character assassination, arguing that the current ruling "would have destabilizing consequences" for contract negotiations in a number of industries.
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September 09, 2025
PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told
The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.
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September 09, 2025
Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap
The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.
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September 09, 2025
Ga. Truck Driver Blames Defective Mattress For Wife's Injury
A truck driver whose wife was allegedly injured after her skin was punctured by a mattress in his tractor-trailer's sleeping cabin told an Atlanta jury Tuesday that he believed she never would have been injured if the mattress had coil springs that were not defective.
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September 09, 2025
Pa. Panel Won't Nix Hospice Co. COVID Infection Suit
A Pennsylvania Superior Court on Tuesday refused to throw out a suit by an elderly couple alleging a physical therapist and her employer negligently infected them with COVID-19, finding the claims are not blocked by federal health emergency laws.
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
No CGL Coverage In Medical Negligence Row, NM Court Says
A Travelers unit that issued a commercial general liability policy to an orthopedic clinic owes no coverage to the clinic and two of its physicians in an ongoing medical negligence lawsuit, a New Mexico federal court ruled, finding an exclusion barring claims arising from "professional health care services" applicable.
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September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law
The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.
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September 09, 2025
Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link
The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.
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September 09, 2025
Pa. Court Orders Resentencing In 2 DUI Cases Over Treatment
A pair of drunk-driving cases in Pennsylvania will be sent back to the lower courts for resentencing after a state appeals court ruled Tuesday that recently decided state Supreme Court precedent requires prosecutors to prove in front of a jury that the drivers had previously completed a drunk-driving program in order to apply sentencing enhancements.
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September 09, 2025
Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment
A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.
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September 09, 2025
Eye Care Co. Sold Misbranded Products, Suit Says
A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.
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September 09, 2025
Feds Say Lejeune Litigants Can't Link Chemical To Illnesses
The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.
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September 09, 2025
US Atty Habba Seeks To Nix NJ Mayor's False Arrest Suit
New Jersey's acting U.S. Attorney Alina Habba told a federal judge Tuesday that Newark Mayor Ras Baraka's lawsuit over his arrest outside an immigration detention center should be tossed since both the government and Habba are immune from suit, and the court cannot impose a damages remedy under U.S. Supreme Court precedent.
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September 09, 2025
Crate & Barrel's Insurer Owes Primary Coverage In Injury Suit
Crate & Barrel's insurer has the primary duty to defend and indemnify a company that subleased a commercial space to the retailer and the owner of the Lower Manhattan property in an underlying personal injury suit, a New York federal court ruled, handing a win to the sublessor's insurer.
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September 09, 2025
Minn. Court Won't Reinstate Snowmobile Collision Death Suit
A Minnesota appeals court refused to revive a lawsuit against a snowmobile club and one of its maintenance workers alleging that their negligence led to the death of a snowmobile user, finding that they are entitled to governmental immunity under the Minnesota Tort Claims Act.
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September 08, 2025
Uber Put Profits Over Safety, Jury Told At 1st Sex Assault Trial
Uber put growth and money over passenger safety, counsel for a woman claiming she was sexually assaulted by a driver said Monday at the first trial in coordinated proceedings in San Francisco involving hundreds of plaintiffs, while Uber's lawyer countered sexual violence incidents against passengers are "exceedingly" rare.
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September 08, 2025
10th Circ. Backs Dentist's Murder, Insurance Fraud Convictions
A dentist convicted of murdering his wife on a hunting trip in Zambia to collect nearly $5 million in life insurance who became the subject of a Hulu documentary must continue to serve a life prison sentence for murder and insurance fraud, the Tenth Circuit ruled on Monday.
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September 08, 2025
Calif. Judge Convicted Of Murdering Wife Seeks Trial Do-Over
A California judge convicted of murdering his wife earlier this year moved for a new trial, arguing the court's denial of his request to postpone the retrial was a "miscarriage of justice" because it limited his expert witness testimony and violated his right to present his defense that the shooting was accidental.
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September 08, 2025
Mayo Clinic Beats Suit Over Fatal Brain Hemorrhage
A Minnesota state appeals court ruled Monday that a lower court was within its rights to exclude an expert witness who couldn't identify a causal link between a pain medication the Mayo Clinic gave an amputation patient and a subsequent fatal brain hemorrhage.
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September 08, 2025
London Insurers Owe Full Coverage Limits To NY Archdiocese
Certain underwriters at Lloyd's of London and other London market insurers must pay their full applicable policy limits under policies issued to the Archdiocese of New York, a state court ruled Monday in the archdiocese's suit seeking coverage for thousands of sexual abuse claims.
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September 08, 2025
Attys Debate 'Misuse' Or 'Defect' In Ga. Mattress Injury Trial
A truck driver and his wife, who sued a mattress-maker and bedding components supplier over injuries she allegedly received after her skin was punctured by a mattress in a tractor-trailer's sleeping cabin, told an Atlanta jury that the mattress was defective, while the companies blamed mattress "misuse."
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Caltrans Escapes $3.8M Verdict Over Bicyclist's Injuries
The California Department of Transportation successfully overturned a $3.8 million jury verdict in a case involving a bicycle accident on a bridge in Santa Barbara that caused a man's severe injuries, as an appeals court ruled Monday that the trial court improperly excluded Caltrans' witnesses as a discovery sanction.
Expert Analysis
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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.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.