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Personal Injury & Medical Malpractice
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October 22, 2025
Obstetrician's Win Upheld In 'Outrageous Terminology' Suit
A Georgia Court of Appeals on Wednesday upheld a trial court's decision that an Atlanta obstetrician's allegedly "outrageous terminology" wasn't "extreme and dangerous," and that she didn't intentionally inflict emotional distress when she told a couple their stillborn child had been "decapitated" during delivery.
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October 22, 2025
Pool Maker Hit With Suit Over Deadly Design Flaw
Bestway on Tuesday was hit with a proposed class action in Illinois federal court over five million recalled above-ground pools that resulted in the deaths of nine children, saying that the company's recall after years of failing to act burdens consumers.
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October 22, 2025
Purdue Fights Baltimore Objection Ahead Of Ch. 11 Plan Trial
Purdue Pharma LP told a New York bankruptcy judge on Wednesday it is concerned a recent objection to its Chapter 11 plan brought by the city of Baltimore could disrupt its case just weeks before the drugmaker is set to begin trial on a deal that creditors overwhelmingly support.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 21, 2025
Ga. Justices Weigh City's Duty In $33M Fatal Crash Case
The Georgia Supreme Court considered Tuesday whether to overturn a state appellate court's ruling that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.
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October 21, 2025
Salesforce Gets Sex-Trafficking Suit Paused For Criminal Case
The Texas federal judge overseeing consolidated litigation accusing Salesforce of benefiting from the sex trafficking of people on Backpage, the defunct classified ads website that used the company's software, put the case on ice Tuesday, saying a related criminal case must first be resolved.
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Fla. Jury Hits Target With $11.3M Verdict In Bad Fall Case
A Florida state jury has awarded about $11.4 million to a woman who suffered a badly fractured leg after she fell outside a Target store in an Orlando suburb, dwarfing the store's $250,000 pretrial settlement offer, plaintiff's counsel announced.
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October 21, 2025
Mike Trout Stopped Paying Staffer For Stunts Over Drug Fears
Taking the stand Tuesday in a civil trial over Los Angeles Angels pitcher Tyler Skaggs' death, outfielder Mike Trout testified that he would occasionally pay the staffer who sold Skaggs drugs to do outrageous stunts, but stopped after suspecting the money might be going toward drugs.
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October 21, 2025
Senate Panel Clears Aviation Safety Bill After DCA Collision
A Senate committee advanced legislation Tuesday that would mandate aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, a response to January's deadly midair collision between a U.S. Army helicopter and an American Airlines regional jet near Washington, D.C.
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October 21, 2025
Ky. Mother Sues Roblox Over Daughter's Suicide
The mother of a child who died by suicide after allegedly being manipulated by a community on Roblox dedicated to praising mass shooters has filed suit in Kentucky federal court, the latest in a wave of litigation targeting the popular gaming platform over claims it fails to protect children.
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October 21, 2025
NTSB Member Urges DC Court To Nix Trump's 'Illegal' Firing
A National Safety Transportation Board member challenging his firing in May by President Donald Trump is urging a D.C. federal court to reinstate him, saying the board's removal protections are constitutional.
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October 21, 2025
Purdue Touts Wide Support For Latest Ch. 11 Plan
Pharmaceutical titan Purdue Pharma heralded Tuesday that its newest Chapter 11 plan has almost total support from voting creditors, saying the proposal could pave the way to creditors receiving more than $7 billion, after its well-publicized role in the opioid epidemic pushed the company into bankruptcy and the U.S. Supreme Court rejected its original plan.
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October 21, 2025
J&J Unit Seeks Sanctions Over Doc's Deleted Talc Emails
A Johnson & Johnson subsidiary is asking a Virginia federal court to sanction a doctor who it alleges wrote a false article linking its talc products to mesothelioma, saying the only explanation for his policy of deleting all emails as soon as he sends or reads them is to destroy evidence.
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October 21, 2025
CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death Suit
A widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted.
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October 21, 2025
11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart
The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.
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October 21, 2025
Pa. Justices Will Probe 'Ambiguous' Auto Policy Exclusion
The Pennsylvania Supreme Court will consider whether insurance policy language blocking coverage for injuries "arising out of" the ownership or use of "autos" was unclear enough to be interpreted in favor of granting coverage for an accident involving a small terminal tractor truck.
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October 21, 2025
Calif. Court Backs Birth Battery Claim, Split On Gender Abuse
A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.
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October 20, 2025
Sandy Hook Families Oppose Reverting Equity To Alex Jones
Families of Sandy Hook Elementary School shooting victims have pushed back against a bankruptcy trustee's attempt to relinquish equity interests in conspiracy theorist Alex Jones' Free Speech Systems LLC, telling a Texas bankruptcy court Friday that doing so would frustrate their collection of more than $1 billion in judgments.
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October 20, 2025
LA Angels Staffer Testifies He Didn't Suspect Drug Abuse
The Los Angeles Angels' traveling secretary testified Monday in a trial over the overdose death of pitcher Tyler Skaggs, saying he never suspected that the colleague who provided narcotics to Skaggs was abusing drugs, but instead thought his abnormal workplace behavior was due to mental health issues.
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October 20, 2025
Judge Sides With Insurer Over Glass Door Injury Dispute
A subcontractor's insurer owes no defense to the property management company for a BJ's Restaurant location in an ongoing lawsuit alleging that a glass door collapsed onto a patron, a New York federal court ruled, finding the management company is "at most" an additional insured.
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October 20, 2025
Colo. High Court Upholds $40M Award In Med Mal Cap Suit
The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.
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October 20, 2025
Zuckerberg Ordered To Testify At 1st Social Media Harm Trial
A Los Angeles judge on Monday ordered Meta Platforms CEO Mark Zuckerberg to testify at an upcoming bellwether trial over major social media technology companies allegedly causing harm to young users' mental health, but put off deciding whether he must testify at future bellwether trials.
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October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says
A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.
Expert Analysis
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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.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.