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Personal Injury & Medical Malpractice
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November 18, 2025
Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row
Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.
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November 18, 2025
Calif. Panel Won't Revive Hip Replacement Med Mal Suit
A California appeals panel won't reinstate a man's suit alleging he needed to have his hip replacement redone after his leg shrank two inches, saying he failed to rebut the doctor's expert testimony that the initial surgery was within the standard of care.
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November 18, 2025
Purdue's $7.4B Ch. 11 Plan Jibes With New Release Paradigm
A New York bankruptcy judge gave a bench ruling Tuesday explaining his decision to confirm Purdue's $7.4 billion Chapter 11 plan, which transforms the pharmaceutical giant into a public benefit company, ruling that liability releases fully comply with new restrictions imposed by the U.S. Supreme Court last year.
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November 18, 2025
NOLA Diocese Bondholders Can't Press Consolidation Bid
A Louisiana bankruptcy judge on Tuesday told bondholders they cannot argue for consolidating the bankruptcy cases of the Roman Catholic Archdiocese of New Orleans and its parishes at the ongoing confirmation hearing for the archdiocese's Chapter 11 plan.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
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November 18, 2025
Texas Court Wipes Out $700K Verdict Against Security Firm
A Texas appellate court on Tuesday tossed a $700,000 jury verdict against a security company found liable for injuries suffered by a security guard who was stabbed by another employee, finding insufficient evidence to support claims that the security firm's alleged negligence caused the incident.
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November 18, 2025
Medical Jet Co. Sued Over Fatal Crash In Philadelphia
A medical air transportation company has been sued in Philadelphia over a deadly plane crash in January that occurred in the Northeast section of the city, killing eight and injuring more than 20 people.
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November 18, 2025
Colo. High Court Takes Up Felony Killing Damages Cap
The Colorado Supreme Court agreed Monday to hear a dispute over how courts should apply the "felonious killing" exception to a state statute that caps noneconomic damages in wrongful death cases, granting competing petitions by Xcel Energy and the family of a woman killed in a 2018 natural gas explosion.
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November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement
Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
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November 17, 2025
Judge Stumped By 'Moving Target' Claims By Combs Accuser
A federal judge appeared frustrated on Monday as he warned a woman who is suing incarcerated music producer Sean "Diddy" Combs over an alleged sexual assault in 1990 that the court "cannot take cognizance" of new claims introduced outside the formal complaint, stressing that the case's merits can be judged only on what's pled.
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November 17, 2025
BNP Asks Judge To Overturn $21M Sudan Refugee Verdict
BNP Paribas has asked a New York federal judge to reverse a recent $21 million bellwether verdict won by three Sudanese refugees who claim that the French bank contributed to longtime dictator Omar al-Bashir's atrocities, arguing that the jury's verdict and damages awards are inconsistent with Swiss law, which governs the suit.
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November 17, 2025
Online Star Defends Actions In Megan Thee Stallion Scandal
Online personality Milagro "Mobz World" Cooper deflected blame for drawing attention to a deepfake porn video of rapper Megan Thee Stallion, saying she did not know it was fake as she took the stand Monday in Miami in the defamation trial against her.
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November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling
Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
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November 17, 2025
Telehealth Co. Hims Sued Over College Student's Suicide
The family of a Washington State University student who died by suicide have sued telehealth company Hims & Hers Health Inc. in Washington state court, alleging their son was negligently prescribed an antidepressant known to carry a risk of suicide in adolescents despite his history of self-harm.
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November 17, 2025
2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits
A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.
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November 17, 2025
ExxonMobil Says Insurers Owe Coverage For Cancer Suits
ExxonMobil alleged that seven insurers failed to cover it against legal claims after two former contractors sued the petroleum giant, contending that exposure to a chemical in oil caused their cancer.
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November 17, 2025
Home Depot Fails In Bid To Ditch Slip-And-Fall Suit
Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.
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November 17, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
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November 17, 2025
NJ Justices Unsure Boys & Girls Club Abuse Suit Belongs In NJ
New Jersey Supreme Court justices on Monday appeared skeptical of the breadth of relief sought in litigation over alleged sexual abuse in the 1970s and '80s by a then-counselor at the Boys and Girls Clubs of America's Hudson County chapter, questioning where the line is drawn if they decide Garden State courts have personal jurisdiction over the nonprofit.
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November 17, 2025
Texas Court Says Hospital Sex Assault Isn't Medical Claim
A Texas appeals court has found that allegations that a hospital staffer sexually assaulted a minor patient do not constitute medical liability claims, saying the family of the patient do not need an expert report to continue the case under state law.
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November 17, 2025
Pa. Supreme Court Snapshot: Skill Games Top Nov. Lineup
The Pennsylvania Supreme Court's November session will tackle the legality of the "Pennsylvania Skill" games that have popped up in gas stations and convenience stores, answering the long-simmering question of whether they should be regulated like slot machines. Here are some of the cases the state supreme court will hear during its three-day session in Harrisburg.
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November 17, 2025
Uber's Fraud Claims Against LA Firms Is 'Fantasy,' Court Told
Two Los Angeles personal injury firms are asking a California federal court to toss a lawsuit alleging Uber is being targeted by a scheme involving fraudulent personal injury claims arising from motor vehicle accidents, with one of them calling the purported scheme a "mere fantasy."
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November 17, 2025
Mich. Doctor Gets 18 Months For $16M Drug Resale Scheme
A Michigan doctor was sentenced Monday to spend a year and a half in prison for his role in a scheme to purchase $16 million worth of cancer drugs and resell them at a profit, with a federal judge saying white collar sentences can "deter more" than other criminal sentences.
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November 17, 2025
Georgia Hospital System Says Judge DQ Bid Arrived Too Late
A Georgia healthcare provider said a Florida couple waited too late in moving to have a Georgia federal judge disqualify herself from presiding over their medical malpractice case, accusing them of "judge shopping."
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November 17, 2025
Ford Escapes Suit Over Seatbelt Defect In Fatal Crash
A Kentucky federal judge has given Ford Motor Co. a win in a suit alleging a defect in the seatbelts in its F-150 pickup trucks worsened a man's injuries when he was involved in a fatal collision, saying his experts failed to present a feasible alternative design.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Opinion
$40M Award Shows Hospitality Cos. Can't Ignore Trafficking
A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.