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Personal Injury & Medical Malpractice
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December 16, 2025
Colo. Justices Probe Progressive Over Fault In UM Crash Case
The Colorado Supreme Court on Tuesday pressed counsel representing Progressive Direct Insurance Co. over how it was unable to argue a comparative fault defense in a state court case involving one of its policyholders who was in a car crash with an uninsured driver.
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December 16, 2025
LA Angels' Role In Pitcher's Fatal Overdose Goes To Jury
A California state jury began deliberations Tuesday in a civil suit accusing the Los Angeles Angels of contributing to the fatal overdose of pitcher Tyler Skaggs, who died while the team was traveling for an away game from a combination of alcohol and fentanyl-laced pills provided by the team's communications director.
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December 16, 2025
Enviro Org.: 'Radioactive Road' Completion Doesn't Moot Suit
The Mosaic Co.'s completion of a road that contains radioactive phosphogypsum doesn't mean a legal challenge to the U.S. Environmental Protection Agency's approval is moot, the Center for Biological Diversity told the Eleventh Circuit on Monday.
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December 16, 2025
10th Circ. Tosses Manslaughter Charge Over Jury Instructions
The Tenth Circuit on Tuesday threw out a manslaughter case against a Republican former member of the Oklahoma Legislature whose motorcycle crash resulted in his girlfriend's death, finding that because a judge refused to elaborate on legal terms at issue in the case, a jury was not properly instructed on the law.
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December 16, 2025
Insurer Needn't Cover Casino Assault Dispute, NJ Panel Says
A home insurer had no duty to defend or indemnify a man accused of injuring another man during an altercation at an Atlantic City casino, a New Jersey state appeals court affirmed Tuesday, finding that the incident did not constitute an occurrence.
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December 16, 2025
Hinge, Tinder Sued Over Matching Women With Serial Rapist
A group of six women sued Hinge, Tinder and their parent company in Colorado state court Tuesday, saying they matched them with a serial rapist despite claiming to have banned him from their apps.
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December 16, 2025
Ex-Doc Avoids Prison For Dealing Ketamine To Matthew Perry
A former physician who supplied Matthew Perry with ketamine before the "Friends" actor's overdose death avoided a prison sentence Tuesday and received eight months of home confinement from a California federal judge.
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December 16, 2025
Court Tosses Ex-Olympian's Claims That QVC Stole Show Idea
A New Jersey federal court tossed a former Olympian's lawsuit accusing the home-shopping channel QVC of stealing her idea for a show based on her lifestyle brand, ruling her claims lacked a meaningful connection to New Jersey to exercise jurisdiction.
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December 16, 2025
Trucking Co. Wants $44M I-35 Pileup Verdict Wiped Out
A Missouri-based trucking company on Tuesday asked a Texas state court for a take-nothing judgment less than a week after a Dallas jury found it liable for the death of a motorist in a February 2021 pileup and awarded the man's family $44 million.
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December 16, 2025
Combs Accuser's Atty Sanctioned For AI-Hallucinated Citation
A New Jersey federal judge has sanctioned an attorney, ordering him to pay $6,000 and to self-report to disciplinary authorities, after finding that he relied on a hallucinated artificial intelligence case citation and ignored repeated warnings to verify his filings in a civil suit accusing Sean "Diddy" Combs and others of sex trafficking.
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December 16, 2025
'Choking Challenge' Suit Against YouTube, TikTok Is Tossed
A California federal judge has dismissed without leave to amend a suit by parents and an advocacy group alleging YouTube and TikTok's reporting and moderating tools are defective and fail to take down dangerous videos, saying the complaint suffers from the same deficiencies that got a previous version dismissed.
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December 16, 2025
Hagens Berman Sanctioned For Bot Errors In OnlyFans Case
A California federal judge sanctioned Hagens Berman Sobol Shapiro LLP for submitting four briefs that contained errors blamed on ChatGPT while representing OnlyFans users pursuing proposed class fraud claims against the online platform, tossing the suit but allowing the users a chance to refile.
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December 16, 2025
Ex-Harvard Morgue Manager Gets 8 Years In Body Parts Case
Former Harvard Medical School morgue manager Cedric Lodge was sentenced Tuesday in Pennsylvania federal court to eight years in prison after pleading guilty earlier this year to trafficking body parts from donated cadavers.
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December 15, 2025
LA Angels Did Nothing To Prevent Pitcher's Death, Jury Told
The Los Angeles Angels "did absolutely nothing" to stop its employee from distributing illicit drugs to Tyler Skaggs, plaintiffs' counsel told California jurors Monday during closing arguments in his family's wrongful death lawsuit, while an Angels attorney argued that the pitcher was responsible for his own overdose death.
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December 15, 2025
Social Media MDL Judge Warns Attys Against Flooding Docket
A California federal judge overseeing multidistrict litigation over claims that social media is addictive warned counsel for the plaintiffs Monday that she'd sanction them if their 17,000 pages of exhibits they plan to submit in response to defendants' summary judgment motions "[litter] the docket with irrelevant documents."
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December 15, 2025
Pa. Nursing Home Can't Arbitrate Sex Assault Suit, Panel Says
The Pennsylvania Superior Court on Monday rejected a bid to arbitrate a suit accusing a nursing home of causing a patient's sexual assault, rejecting the home's "unsubstantiated assertion" that she signed an arbitration agreement upon admittance.
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December 15, 2025
Formula Suits An 'Undue Burden' On Cook County, Panel Says
An Illinois appellate court Friday agreed with Abbott Laboratories that 23 lawsuits alleging the company failed to warn of important risks associated with infant formulas and caused premature babies to develop necrotizing enterocolitis should not have been filed in Cook County, where the infants at the center of those cases were not born and have never lived.
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December 15, 2025
Arbitration Ruling Stands In Morgan & Morgan Class Action
A Georgia federal judge said Monday she won't backtrack on her decision to send a malpractice lawsuit from a former client of Morgan & Morgan PA to arbitration, once again rejecting his arguments that his proposed class claims were exempt from an agreement to arbitrate disputes.
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December 15, 2025
Md. Panel Revives Malpractice Suit Over Infected Ulcer
A Maryland state appeals court has reinstated a man's suit alleging that a hospital's negligence resulted in his infected ulcer, finding the trial court was wrong to determine that his expert was not qualified and didn't sufficiently lay out the hospital's alleged breaches.
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December 15, 2025
Pa. Firm Slams Uber's RICO Suit As Bid To Chill Injury Claims
Personal injury firm Simon & Simon PC has asked a Philadelphia federal court to toss Uber's Racketeer Influenced and Corrupt Organizations Act complaint against the firm, calling the ride-sharing giant's claim a "baseless" attempt to deter lawsuits against the company and its drivers.
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December 15, 2025
Feds Deny Breaking Plea Deal With Ex-Morgue Manager
Prosecutors told a Pennsylvania federal judge Monday that they did not breach a plea deal between the government and Cedric Lodge by seeking a harsh sentence for the former head of Harvard University's morgue who admitted to theft and trafficking of human remains, claiming that Lodge's arguments to the contrary amounted to buyer's remorse.
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December 15, 2025
ICE Accused Of Detaining Mom, Kids Without Checking ID
A Boston-area mother and her two children lodged an administrative civil rights complaint Monday against immigration agents who detained them outside a courthouse earlier this year allegedly without checking their legal status.
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December 15, 2025
Michelin Owes $220M In Deadly Car Crash Suit
A New Mexico state jury has issued a $220 million verdict against Michelin North America Inc. in a suit alleging one of its tires was defective and led to a head-on collision that killed three members of a Texas family.
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December 12, 2025
Ore. Justices Rule Docs Can Be Liable For Nonpatient Deaths
Oregon's highest court ruled that medical professionals can be held liable if their negligence results in a nonpatient's death, settling a split between a trial and appeals court in a case over a cyclist struck and killed by a driver under the influence of prescription drugs.
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December 12, 2025
Texas Justices Broaden Protections For Road Contractors
The Texas Supreme Court ruled Friday that contractors doing work superintended by the state Department of Transportation may be able to avoid personal injury liability, reasoning that an appellate panel erroneously found the department had to hire the contractors for the statute's protections to apply.
Expert Analysis
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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.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.