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Personal Injury & Medical Malpractice
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September 10, 2025
Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit
A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns.
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September 10, 2025
Texas Panel Says Expert Not Qualified In Facelift Suit
A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.
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September 10, 2025
NIST Links Start Of Surfside Towers Collapse To Pool Deck
The National Institute of Standards and Technology's ongoing investigation into the 2021 partial collapse of the Champlain Towers South in Surfside, Florida, shows the collapse likely began in the 12-story residential building's pool deck, rather than in the main tower structure.
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September 10, 2025
Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit
Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
FTA Probes Charlotte Transit After Fatal Light Rail Stabbing
The Federal Transit Administration has launched itself into the fray surrounding the stabbing death of a 23-year-old Ukrainian refugee on a city light rail line in Charlotte, North Carolina, announcing on Wednesday that it is investigating the city transit system's compliance with federal safety regulations.
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September 10, 2025
Jeju Air Crash Victim's Estate Sues Boeing For Negligence
A representative of the estate of a passenger who died in a 2024 South Korean plane crash sued The Boeing Co. in Illinois state court Monday, saying the aerospace giant was negligent in selling a "defective and unreasonably dangerous" aircraft.
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September 10, 2025
Teen's Estate Says Grindr Death Suit Can't Be Arbitrated
The estate of a teenager who was killed by a 35-year-old man she matched with on Grindr LLC's dating platform is urging a Florida federal court not to send the case to arbitration or Los Angeles, saying federal law blocks arbitration, and Florida law require that the suit be heard in the state where she was killed.
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September 10, 2025
No Mulligan For Pro Golfer's Slander Claims, 11th Circ. Says
The Eleventh Circuit said Tuesday that it will not revisit a three-judge panel's decision ending a pair of defamation suits filed by golfer Patrick Reed over coverage of his affiliation with the Saudi-backed LIV Golf tournament and allegations that he cheated on the course.
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September 10, 2025
Medical Equipment Co. Settles County Claims In Opioid MDL
Medical equipment company Henry Schein Inc. and its related entities have settled claims by Virginia counties brought against it in the sprawling national opioid litigation, according to a notice filed Wednesday.
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September 10, 2025
Black & Decker Beats Suit Over Angle Grinder Injury
A Texas federal judge on Tuesday handed Black & Decker a win in a man's suit alleging that he was hurt by using an angle grinder since he never read the instruction manual that warned of the potential for injuries.
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September 10, 2025
NC Justices Debate 2-Second Reaction Time In Crash Suit
The North Carolina Supreme Court grappled Wednesday with whether two seconds was enough time for a town utility worker to both register and react to the fact that he was about to hit a pedestrian with his work truck.
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September 10, 2025
Splenda Maker Says Scientist's Counterclaims Are Too Late
The company behind artificial sweetener Splenda is urging a North Carolina federal court to deny a scientist's bid to amend her counterclaims in a suit over whether Splenda contains cancer-causing chemicals, saying her claims are either outside the statute of limitations or retreads of claims she already dropped.
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September 09, 2025
Uber Jury Won't Hear Exec's Convo He 'Trashed Rape Victims'
A California judge overseeing a trial in a rape victim's lawsuit against Uber declined Tuesday to allow the woman's lawyer to introduce evidence that an Uber communications executive once joked with a colleague via Slack that he "trashed rape victims" in talks with a reporter.
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September 09, 2025
'How To Kill A Federal Judge': Manifesto-Writer Faces Charges
A 72-year-old Minnesota man is accused of once again threatening to kill a federal judge, according to an announcement made Tuesday by prosecutors who said that, this time, he penned a 236-page manifesto titled "How To Kill a Federal Judge" and showed it to staff at a local library.
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September 09, 2025
Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails
California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.
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September 09, 2025
6th Circ. Revives Prisoner's Claim Over 'Cold Fan' Punishment
The Sixth Circuit on Tuesday partially revived a civil rights lawsuit brought by an incarcerated person in Michigan, finding that his First Amendment rights were violated and he was retaliated against for complaining about an industrial fan that blew excessively cold air into his cell.
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September 09, 2025
Wash. Appeals Court Won't Revive Phish Concert Assault Suit
A Washington state appeals court declined Tuesday to renew two concert attendees' personal injury suit against Phish and Live Nation after they were injured by rocks during a 2018 show, finding they failed to show the band and venue manager could have foreseen the "random attacks."
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September 09, 2025
Accuser Avoids Mistrial In 1st Day Of Clergy Sex Abuse Trial
The accuser in New Jersey's first clergy sex abuse trial avoided a mistrial Tuesday after his counsel used "rape" in opening argument, but got a warning to refrain from using the word to describe the oral sex he was allegedly subjected to by a priest at a Catholic prep school in the 1970s.
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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.
Expert Analysis
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.