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Personal Injury & Medical Malpractice
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July 25, 2025
Insurer Says No Defense Owed In Trench Injury Suit
Secura Insurance Co. filed suit Friday asking an Illinois federal court to declare it should not be on the hook for a man's trench injury lawsuit, because the policy it sold to a plumbing company does not cover two other companies alleged to have created a dangerous environment in the trench.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Wellpath Creditors' Bid For Ch. 11 Plan Releases Nixed
A Texas bankruptcy judge Friday ruled that creditors who elected to give releases to non-debtor third parties under prison health care group Wellpath's Chapter 11 plan were not entitled to a release of claims that Wellpath had against them.
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July 25, 2025
Tesla Expert Says Autopilot Was Overridden Before Fatal Crash
An accident reconstruction expert told jurors in Florida federal court Friday that the driver of the Tesla that caused a fatal crash in the Florida Keys had overridden the autopilot and was in control of the vehicle for the 75 seconds before the crash.
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July 25, 2025
Feds End Probe Into Waymo Self-Driving Cars
The U.S. auto safety regulator closed its preliminary investigation into reports of Waymo LLC's autonomous vehicles exhibiting "unexpected driving behaviors," saying Friday that it won't take any action after the company's recalls and software updates.
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July 25, 2025
Florida Court Blasts NY Judge's 'Shell Game' To Revive Suit
A Florida federal judge rejected a New York federal judge's two-paragraph request to revive his defamation suit against former members of a condominium board in a feud over renovations, finding that the New York judge's move to submit the brief himself while having legal counsel makes it look as if the two are "playing a kind of shell game."
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July 25, 2025
Will Tom Girardi's Wardrobe Mishap Help His Appeal?
When legendary attorney Tom Girardi's pants fell down as he finished testifying in his defense, the judge had to decide: Was this a desperate bid to feign incompetence and avoid prison for stealing client funds, or just an accident by an 86-year-old man with dementia? And if it really was an accident, does it now give Girardi a shot at winning his appeal and overturning his sentence?
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July 25, 2025
Breville Can't Nix Expert Or Toss Pressure Cooker Suit
A Tennessee federal judge won't let Breville USA Inc. out of a suit alleging that one of its pressure cookers was able to open under pressure and explode its contents onto its user, finding the user's expert opinion to be reliable and useful to a jury.
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July 24, 2025
Jury Awards $45M To Conn. Man Paralyzed In Cycle Crash
A Connecticut towing company is on the hook for most of a $45 million verdict favoring a 26-year-old motorcycle rider left permanently paralyzed after striking a company customer's SUV as the driver tried to leave from behind an illegally parked tow truck, the biker's law firm announced Thursday.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Panel OKs Atty As Expert In 'Vanishingly Rare' Med Mal Suit
A Texas appellate court said Thursday that allegations that a hospital negligently discharged a newborn to adoptive parents can be considered a medical malpractice claim, but said a family law attorney can also serve as an expert witness in a "vanishingly rare" case where an expert needn't be a physician.
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July 24, 2025
Shipowner Settles Longshoreman's Personal Injury Claims
A Georgia longshoreman and a cargo ship owner have settled a federal lawsuit accusing the company of negligence after a gangway handrail collapse that injured the worker, according to a judge's order dismissing the case.
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July 24, 2025
ACLU Can Fight For Amicus Protections In Conn. Lawsuit
In a seeming reversal of a Tuesday order, the Connecticut Appellate Court on Wednesday allowed the ACLU's Connecticut litigation arm and five other legal advocacy groups to file friend-of-the-court briefs in a case questioning whether an unapproved amicus brief in a separate case defamed an acquitted ex-Yale student.
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July 24, 2025
Bellwether Plaintiffs Want Redo Of GE Pollution Trial
The plaintiffs in a bellwether pollution suit against General Electric Co. and a former subsidiary are asking for a new trial, arguing the jury should not have been able to find in the subsidiary's favor after it had admitted to responsibility in prior court filings.
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July 24, 2025
NJ Judge Orders Gun Store To Halt Illegal Ammo Sales
A Garden State firearms retailer violated state law by failing to implement reasonable safeguards and selling ammunition to undercover state investigators without checking identification or confirming eligibility to purchase, a New Jersey Superior Court judge ruled.
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July 24, 2025
Jay-Z Defends Extortion Claims Against Buzbee, Other Attys
Shawn "Jay-Z" Carter is urging an Alabama federal court to send toward trial his extortion lawsuit against attorney Tony Buzbee and his firm, a New York City lawyer and her firm, and a client of theirs who accused him of rape and then dropped her case.
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July 24, 2025
Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash
A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.
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July 24, 2025
Buzbee Gets Ex-Client's Fraud Claims Moved To Arbitration
A Louisiana federal court has granted Houston personal injury attorney Tony Buzbee's request for arbitration in a lawsuit by an injured seaman who claims the Texas lawyer and his firm bilked him out of settlement funds in a Jones Act lawsuit.
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July 24, 2025
Dish Network Can't Get Redo In $3.5M Auto Crash Suit
A New Jersey appeals panel won't let Dish Network Service LLC get a retrial following a $3.5 million verdict in favor of a woman grievously injured in a collision involving one of its drivers, rejecting its argument that the evidence didn't support the verdict.
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July 24, 2025
Paralegal Sues Firm, Alleging Harassment By Leader's Spouse
A former senior paralegal for Connecticut-based Vargas Chapman Woods LLC claims in a recently filed federal lawsuit that the firm leadership retaliated against her and created a hostile workplace when she alleged sexual and racial harassment by the managing partner's spouse.
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July 23, 2025
Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial
A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.
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July 23, 2025
Epstein Grand Jury Files To Remain Sealed In Fla.
A Florida federal judge on Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from an investigation into the late sex offender Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans asking for more transparency about the case.
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July 23, 2025
Dad Pulls Suit Alleging Rehab Staffer, Teen Had 'Relationship'
The parties in a lawsuit over an alleged sexual relationship between a Utah rehab staffer and a teenage patient have stipulated to dismissing the case from Connecticut federal court, about six months after reporting that they would try to mediate the dispute.
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July 23, 2025
'No Prenup': David Geffen Accused Of Exploiting Ex-Husband
"Masquerading as a white knight," billionaire film producer David Geffen ensnared his now-estranged, decades-younger husband Donovan Michaels with promises of love, equality and life partnership, but Geffen broke all those promises when Michaels sought independence and equal footing in their marriage, according to a complaint filed in California state court.
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July 23, 2025
No Coverage For Deadly Chiefs Super Bowl Rally, Insurer Says
An insurer said it has no duty to defend or indemnify the organizers of the 2024 Kansas City Chiefs Super Bowl rally in a suit by the family of a woman who was fatally shot during the event, telling a Missouri federal court that an assault or battery exclusion bars coverage.
Expert Analysis
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.