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Personal Injury & Medical Malpractice
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
Munich Re Faces Lawsuit Over Reinsurance Dispute
A Connecticut municipal risk financing agency filed a declaratory action in federal court demanding coverage from Munich Reinsurance America Inc. for negligence litigation set for trial this year concerning the alleged sexual abuse of a former public school student.
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January 23, 2026
Ill. High Court Won't Grant Posthumous Innocence Certificate
The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.
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January 23, 2026
Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN
A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.
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January 23, 2026
Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'
The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.
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January 23, 2026
Ohio Panel Says No Expert Needed In Botched Surgery Suit
An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.
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January 23, 2026
Fla. Panel Says Court Properly Denied Acquittal In DUI Death
A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck.
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January 23, 2026
Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause
The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.
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January 23, 2026
Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says
A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision.
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January 23, 2026
Iowa Justices Won't Revive Nursing Home COVID Death Suit
The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.
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January 23, 2026
Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion
Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor
The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.
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January 22, 2026
Iran Sued For Alleged Role In Deadly Jordan Drone Attack
The families of three U.S. soldiers killed in a drone attack orchestrated by alleged terrorists at a military installation in Jordan sued the Islamic Republic of Iran in D.C. federal court on Thursday seeking to recover monetary damages for the deaths of their loved ones.
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January 22, 2026
Transportation Cases To Watch In 2026
Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.
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January 22, 2026
6th Circ. Clears 911 Dispatch Of Failure To Stop Murder
Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."
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January 22, 2026
7th Circ. Says Mower-Maker Toro Must Face Amputation Suit
The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.
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January 22, 2026
11th Circ. Reopens Telemundo Sexual Harassment Claims
The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.
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January 22, 2026
Meta Fights Late Data Request In Instagram Addiction Suit
Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.
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January 22, 2026
La. Firm Inks PE Deal To Form Legal Managed Services Org
A Louisiana personal injury firm has signed an agreement to take private equity investment using a managed services organization, according to an announcement Thursday, one of the few firms to openly acknowledge taking private equity money amid rising interest throughout the industry.
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January 22, 2026
Md. Judge Keeps Ship Manager Liability Shield Bid Alive
A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.
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January 22, 2026
Agency Not Covered For Injury Suit Over Fraud, Carrier Says
A construction policy insurer agency and its owner aren't owed coverage for an underlying personal injury lawsuit, its professional liability carrier told a New York federal court, alleging a third-party lawsuit accusing the owner of fraud and misappropriating insurance funds triggered an exclusion in its professional liability policy.
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January 21, 2026
Chicago To Pay $22M For Officer's Fatal Vehicle Pursuit
The city of Chicago is set to pay $22 million to the family of a 25-year-old man who died after a teenager fleeing police crashed into his car as an officer pursued the vehicle against city policy, the family's attorneys announced Wednesday.
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January 21, 2026
EXp Brass Can't Shake Claims It Ignored Sexual Misconduct
The Delaware Chancery Court has allowed the bulk of a shareholder lawsuit against eXp World Holdings Inc. to proceed, saying it is reasonable to infer the real estate brokerage's board "effectively did nothing" in response to red flags about widespread allegations of drugging, rape and sexual assault.
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January 21, 2026
Costco Nears Settlement With Insurer Over Store Injury Claims
A Hartford unit has reached a tentative deal with Costco to end claims that the insurer wrongfully refused defense coverage for a lawsuit by a customer allegedly hurt while trying to move a grill box at a California store, according to a Wednesday filing in Seattle federal court.
Expert Analysis
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.