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Personal Injury & Medical Malpractice
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
Carnival Says Housekeeper Must Arbitrate Lupus Claim
Carnival Corp. told a Florida federal judge that a woman suing the cruise company on claims she contracted lupus while working as a housekeeper aboard a ship must take her claims to arbitration in Panama, arguing she signed an agreement to arbitrate any disputes there.
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September 25, 2025
Walmart Settles With Illinois Man In Slip-And-Fall Case
A shopper who sued Walmart after slipping on a puddle of cooking oil has agreed to end his lawsuit against the retail giant after beating back a summary judgment bid and ahead of a coming trial in the Northern District of Illinois.
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September 25, 2025
Girardi's Son-In-Law Urges No Prison For Chicago Contempt
Tom Girardi's son-in-law has argued he should not receive prison time following his contempt plea over millions of dollars in settlement funds Girardi stole from several Lion Air crash clients, saying he fought for months to get the clients paid but recognizes he "could and should" have done more.
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September 25, 2025
Pa. Justices Say Child Arbitration Invalid Despite Parents' OK
The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.
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September 25, 2025
Hagens Berman Not Very Contrite About AI Errors, Judge Says
A California federal judge chided attorneys from Hagens Berman on Thursday over what he called a lack of contrition after submitting briefs that contained errors lifted from ChatGPT in a proposed class action against the online platform OnlyFans, saying the attorneys seemed more interested in excuses.
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September 25, 2025
NCAA, Ga. Colleges Win Trim Of Trans Athlete Eligibility Suit
A federal judge Thursday largely dismissed a lawsuit against the NCAA and several Georgia public universities challenging their eligibility rules for transgender athletes, ruling that the athletic association is not a state actor subject to civil rights claims while recent legislation mooted claims against the state schools.
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September 25, 2025
COVID-19 Orders Could Save Embryo Loss Case, Court Hears
Responding to last-minute arguments during a summary judgment hearing, a Connecticut Superior Court judge Thursday ordered attorneys to brief whether COVID-19 executive orders might save a Massachusetts woman's claims that her fertility doctors misplaced or destroyed her frozen embryos.
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
MiMedx, FDA Ordered To Rework Args In Wound Care Case
Biomedical company MiMedx Group Inc. and the U.S. Food and Drug Administration have been ordered to reframe their briefs in a suit in which the company seeks to overturn the agency's classification of a wound care treatment as a biological product.
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September 25, 2025
Pa. Justices Reject 'Key Witness' Test In Forum Swap
The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.
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September 25, 2025
Norfolk Southern Can't Escape Rockslide Derailment Suit
A Pennsylvania federal judge on Thursday denied Norfolk Southern Railway Co.'s bid to throw out a suit by a conductor and engineer over injuries they suffered when their train derailed, saying they've put forth enough evidence that a jury could conclude the railway should've been better prepared for a rockslide.
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September 25, 2025
Atty's 'Horrible' Mistake Rooted In Firm Biz, NJ Justices Hear
Former Sacks Weston attorney Scott Diamond's counsel urged the New Jersey Supreme Court on Thursday to refrain from disbarring him for fraudulently resolving cases behind his former firm's back, arguing during a hearing that his actions stemmed from a "bona fide" business dispute.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
US Olympic Org Beats Paralympian Abuse Coverage Dispute
A Colorado federal court tossed an insurer's suit seeking to escape coverage for an underlying sexual abuse case against the U.S. Olympic and Paralympic Committee, saying the organization has no state citizenship for purposes of diversity jurisdiction.
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September 24, 2025
Boies Schiller Partner Admits AI Errors In Scientology Case
A Boies Schiller Flexner LLP partner representing women who allege the Church of Scientology harassed them for reporting convicted actor Daniel Masterson's sexual assaults has asked a California appeals court to strike a brief containing artificial intelligence-generated citation errors, saying he "very much regrets" the errors, but they shouldn't impact his clients' case.
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September 24, 2025
Ex-Lyft Lobbyist Testifies For Uber In Sex Assault Trial
California has established model safety standards for the ride-hailing industry and Uber has exceeded those standards, a former lobbyist for Lyft told jurors Wednesday in a bellwether trial over claims Uber negligently failed to put sufficient measures in place to prevent sexual assaults by its drivers.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ga. Panel Reverses Early Win In Ambulance-Mower Crash
A Georgia appellate panel revived a negligence claim Wednesday from a man who said he was hit by a speeding ambulance while crossing a road in his lawn mower, rejecting a trial court's finding that there was "no evidence" the ambulance driver was at fault.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
9th Circ. Says Insurer's Removal Effort Was Reasonable
An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.
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September 24, 2025
Binance Founder Not Properly Served In Terror Case: Judge
Victims of the October 2023 attack in Israel suing Binance for allegedly abetting the attack have been denied permission to serve the cryptocurrency exchange's founder by alternative means, after a D.C. federal judge ruled that their "relatively minimal effort" to serve him via conventional means wasn't enough.
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September 24, 2025
Pharmacies Labeled As Gatekeepers In Fla. Opioid Trial
A medical doctor who testified Wednesday in a Florida state court trial against Walgreens, Walmart and CVS over their alleged conspiracy to push addictive painkiller drugs characterized their pharmacists as gatekeepers in dispensing the medications, saying they had the ability to break the pharmaceutical companies' ability to make money off the opioid epidemic.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.