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Personal Injury & Medical Malpractice
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October 17, 2025
11th Circ. Affirms Toss Of Alabama Jail Sexual Assault Suit
A divided Eleventh Circuit on Friday upheld a lower court win by administrators of an Alabama jail who were sued by former inmates over alleged sexual abuse suffered at the hands of their jailers, finding the former inmates failed to show a link between the administrators and the alleged abuse.
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October 17, 2025
Insys Ex-CEO Babich Agrees To $30M Trustee Deal In Del.
Former Insys Therapeutics CEO Michael Babich has consented to a $30 million settlement amid a bankruptcy trustee's efforts to recover tens of millions in damages from company officials tied to Insys' aggressive marketing of the opioid painkiller Subsys, according to a Delaware Court of Chancery settlement filed early on Friday.
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October 17, 2025
Ex-Denver Cop Must Pay $20M For Shooting, Jury Says
Jurors in Denver Friday awarded six victims of a July 2022 shooting nearly $20 million in damages, finding a former city police officer fired shots into a crowd in lower downtown Denver without justification.
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October 17, 2025
Atty Quits Ga. Bar's 'Facade' Committee On Client Solicitation
A Georgia attorney resigned Friday as head of the state bar's committee on attorney-client solicitation, accusing the bar of not even "reaching for a garden hose" while unlawful solicitation of accident victims has spread "like wildfire" across the Peach State.
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October 17, 2025
Boeing Sued Over 737 Crash In South Korea That Killed 179
The Boeing Co. has been hit with a negligence suit in Washington state court by the families of 14 people killed in the December crash of a 737 at a South Korean airport, facing accusations that the "antiquated" 1960s-era electrical and hydraulic systems resulted in a "massive failure" of the plane and the deaths of 179 people.
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October 17, 2025
Fla. College Students And Staff Sue Over PFAS Exposure
Floridians who attend, work at or live near the College of Central Florida say that their drinking water has been contaminated with so-called forever chemicals leached from firefighting foam used on campus, according to a suit against 3M and others recently removed to federal court.
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October 17, 2025
Pa. Court Voids $1.75M Judgment, Affirms Insurer's Bad Faith
The Pennsylvania Superior Court affirmed Friday that Erie Insurance Exchange acted in bad faith when it withheld payment from its insured following arbitration over a claim for underinsured motorist benefits, but vacated a $1.75 million judgment against the insurer based on improper calculations of attorney fees and interest.
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October 17, 2025
Cessna Maker Blames Pilots For Fatal Crash Into Factory
The pilot and co-pilot of a Cessna involved in a Connecticut crash that killed four people did not follow the takeoff checklist or disengage the parking brake, then failed to respond correctly to the plane's "reduced performance," the manufacturer has told a state court.
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October 17, 2025
Trump Refiles $15B NYT, Penguin Suit After 'Florid' Suit Axed
President Donald Trump refiled his $15 billion defamation lawsuit against the New York Times, its reporters and Penguin Random House in Florida federal court Thursday after a judge criticized Trump's initial "florid and enervating" suit for purportedly functioning like a "megaphone for public relations" and directed Trump's counsel to refile.
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October 17, 2025
Bankruptcy Ends Sex Assault Suit Against Cyndi Lauper's Son
A New York federal judge on Friday dismissed a sexual assault suit against the rapper son of '80s singing star Cyndi Lauper, saying the plaintiff missed her chance to argue against a bankruptcy judge's discharge of the claims earlier this year.
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October 17, 2025
Man Arrested In Mistaken ID Case Can Sue, 11th Circ. Says
A Florida police officer cannot escape a lawsuit alleging the officer violated the Fourth Amendment when he entered a home without a warrant and then tasered and arrested the father of a suspect in a case of mistaken identity, the Eleventh Circuit has ruled, while remanding related claims for further review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Pennsylvania Auto Parts Co. Sued Over Loading Dock Fall
A Pittsburgh auto parts warehouse employee moved a loading dock plate while a delivery driver had her back turned, causing her to fall into an unseen gap and severely injure her shoulder, according to a lawsuit seeking to hold Rohrich Automotive Group and affiliates liable for the incident.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 16, 2025
Jack Nicklaus Tells Jury He Wanted 'Freedom' Back After Pact
Golf legend Jack Nicklaus told a Florida jury on Thursday that he filed for an arbitration in Miami to reclaim his intellectual property after parting ways with the company named after him, but added the chairman "did not want to give me my freedom."
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October 16, 2025
Army Vets Say Fluor Deviating From 4th Circ. Ruling
A U.S. Army veteran told the U.S. Supreme Court that defense contractor Fluor Corp. has "abandoned the Fourth Circuit's rationale" in defending a panel's decision that affirmed the dismissal of his state-based injury claims stemming from a 2016 suicide bombing in Afghanistan.
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October 16, 2025
US Chamber Says $1B Smoking Verdict Shows Safeguards Needed
The U.S. Chamber of Commerce is urging the Supreme Judicial Court of Massachusetts to overturn a $1 billion punitive damages verdict against Philip Morris USA Inc., saying the magnitude of the sum shows safeguards are needed in cases involving punitive damages.
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October 16, 2025
Boeing Can't Ax Witness Ahead Of 737 Trial
A LOT Polish Airlines' expert witness will testify as to how much money the airline lost when it was forced to ground its fleet of 737 Max jets following two fatal crashes, a Washington federal judge has ruled, denying Boeing's bid to block the testimony during the upcoming Nov. 3 trial.
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October 16, 2025
Judge Denies Exit Bids In Gas Leak Explosion Coverage Row
A Liberty Mutual unit can still seek to avoid defending an ongoing lawsuit against a manufacturer of cannabis products and others over a fatal gas leak explosion, an Oregon federal court ruled, rejecting the property owners' and manager's position that the claims they face fall outside the scope of a marijuana exclusion.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
NH Youth Centers Seek Coverage In Hundreds Of Abuse Suits
Two youth treatment centers accused an insurer Thursday of refusing to provide full coverage for hundreds of suits claiming that the centers mistreated children in their care, telling a New Hampshire federal court that the insurer wrongfully limited coverage to $1 million.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Fla. Hospital Seeks To Slash $70M Verdict, Cites Medicaid Cap
Tampa General Hospital is asking a Florida state court to slash more than $50 million from a $70 million award to a 42-year-old woman whose stroke went undiagnosed at the hospital, arguing that state law caps noneconomic damages awards for Medicaid recipients.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
Expert Analysis
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.