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Personal Injury & Medical Malpractice
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Sympathy Led To $45M Motorcycle Crash Verdict, Judge Hears
The speed at which a Connecticut state jury awarded $45 million to a Marine Corps reservist who was paralyzed in a motorcycle crash suggests that the verdict was unfairly tainted by sympathy for the plaintiff, a towing and recovery company told a Waterbury judge on Tuesday.
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
EPA Still Can't Escape Tort Claims Over Flint Water Crisis
A Michigan federal judge has again denied a U.S. Environmental Protection Agency request to dismiss Federal Tort Claims Act litigation seeking to hold the government liable for allegedly lax oversight of the water system in Flint, Michigan.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Sunbeam Settles Claims With Scalded Pressure Cooker User
A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 22, 2025
Uber Assault Accuser's PTSD Signs Pre-Date Ride, Jury Told
A woman claiming she suffers from post-traumatic stress disorder as a result of being sexually assaulted by her Uber driver when she was 18 has a history of childhood abuse and traumatic incidents, indicating she had PTSD before the 2016 ride, two psychiatrists told jurors Monday in a bellwether trial.
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September 22, 2025
Advocate Says Jones Day Has Conflict In Mel Tucker Case
A sexual assault prevention advocate suing Michigan State University's board of trustees over the handling of her sexual harassment complaint against former football coach Mel Tucker said Jones Day's representation of the board creates a conflict of interest.
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September 22, 2025
Colorado Jury Awards $205M In Girl's Theme Park Death
A jury in Colorado state court found a Colorado theme park liable for the death of a young girl, which occurred on one of its rides in 2021, and awarded her family $205 million in damages.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Family Sues For $100M In Child's Hyperbaric Chamber Death
The family of a 5-year-old boy who died in a hyperbaric chamber explosion in January sued the center that was treating the child and the manufacturer of the chamber for more than $100 million in damages Monday, alleging the Michigan clinic concealed the dangers of using the chamber.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Fla. Panel Reinstates Norfolk Southern Cancer Death Suit
A Florida state appeals panel has reinstated a woman's suit against Norfolk Southern Railway Co. alleging it was negligent in causing her husband to develop leukemia from exposure to diesel exhaust, finding that the trial court wrongly excluded her expert.
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September 22, 2025
Atlanta-Area Hotel Sued On Claims It Ignored Sex Trafficking
A woman has sued a property management company and the owner-operator of a Super 8 in College Park, Georgia, where she said employees were aware of but did nothing to prevent her from being sex trafficked as a minor.
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September 22, 2025
Meteorologist's Widow Gets $126M In Wrongful Death Deal
The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.
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September 22, 2025
Atty Gets Last Chance To Sue Ex After $30K Loan Judgment
A Florida employment lawyer suing his ex and her attorneys for bringing an allegedly vexatious lawsuit will have one more chance to file "simple, concise and direct" claims in a fourth amended complaint, a Connecticut federal judge ruled Monday while dismissing Wells Fargo and a mortgage consultant as defendants.
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September 20, 2025
Court Blocks Denver From Firing Exec In Retaliation Suit
For now, Denver can't fire one of its employees who claims the city is trying to retaliate against her for supporting a different mayoral candidate, a Colorado federal judge ruled this week.
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September 19, 2025
Uber Expert Testifies Most Sex-Incident Claims Aren't Assault
Uber's statistics expert Friday told jurors considering a California bellwether trial over sexual assault allegations against the ride-hailing giant that about 70% of the tens of thousands of sexual misconduct incidents that plaintiffs have claimed Uber doesn't report are allegations short of assault, like offensive comments, gestures, leering and staring.
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September 19, 2025
2nd Circ. Backs NY Ban On Guns In Times Square, Subways
The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.
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September 19, 2025
Glock Must Face Chicago Suit Over Easily Converted Pistols
The city of Chicago can move forward with its civil enforcement suit claiming Glock illegally helps consumers sidestep state and federal machine gun bans by selling pistols that easily convert to automatic fire, an Illinois state judge has ruled.
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September 19, 2025
Lyft Faces Suit Over Alleged Driver Assaults, Safety Failures
Lyft Inc. was sued in Georgia federal court by an unnamed Georgian who alleged that she and other Lyft passengers have become victims of sexual assault and rape because of the company's failure to "adopt and implement reasonable driver monitoring procedures designed to protect the safety of its passengers."
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September 19, 2025
Lack Of Evidence Dooms Woman's NJ Transit Bus Crash Suit
A New Jersey appeals court won't upset the dismissal of a suit alleging that the New Jersey Transit Corp. and one of its drivers were negligent and caused a collision near Newark Airport, saying the trial court correctly found that there was insufficient evidence to support the plaintiff's claims.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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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.