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Personal Injury & Medical Malpractice
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October 17, 2025
Man Arrested In Mistaken ID Case Can Sue, 11th Circ. Says
A Florida police officer cannot escape a lawsuit alleging the officer violated the Fourth Amendment when he entered a home without a warrant and then tasered and arrested the father of a suspect in a case of mistaken identity, the Eleventh Circuit has ruled, while remanding related claims for further review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Pennsylvania Auto Parts Co. Sued Over Loading Dock Fall
A Pittsburgh auto parts warehouse employee moved a loading dock plate while a delivery driver had her back turned, causing her to fall into an unseen gap and severely injure her shoulder, according to a lawsuit seeking to hold Rohrich Automotive Group and affiliates liable for the incident.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 16, 2025
Jack Nicklaus Tells Jury He Wanted 'Freedom' Back After Pact
Golf legend Jack Nicklaus told a Florida jury on Thursday that he filed for an arbitration in Miami to reclaim his intellectual property after parting ways with the company named after him, but added the chairman "did not want to give me my freedom."
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October 16, 2025
Army Vets Say Fluor Deviating From 4th Circ. Ruling
A U.S. Army veteran told the U.S. Supreme Court that defense contractor Fluor Corp. has "abandoned the Fourth Circuit's rationale" in defending a panel's decision that affirmed the dismissal of his state-based injury claims stemming from a 2016 suicide bombing in Afghanistan.
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October 16, 2025
US Chamber Says $1B Smoking Verdict Shows Safeguards Needed
The U.S. Chamber of Commerce is urging the Supreme Judicial Court of Massachusetts to overturn a $1 billion punitive damages verdict against Philip Morris USA Inc., saying the magnitude of the sum shows safeguards are needed in cases involving punitive damages.
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October 16, 2025
Boeing Can't Ax Witness Ahead Of 737 Trial
A LOT Polish Airlines' expert witness will testify as to how much money the airline lost when it was forced to ground its fleet of 737 Max jets following two fatal crashes, a Washington federal judge has ruled, denying Boeing's bid to block the testimony during the upcoming Nov. 3 trial.
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October 16, 2025
Judge Denies Exit Bids In Gas Leak Explosion Coverage Row
A Liberty Mutual unit can still seek to avoid defending an ongoing lawsuit against a manufacturer of cannabis products and others over a fatal gas leak explosion, an Oregon federal court ruled, rejecting the property owners' and manager's position that the claims they face fall outside the scope of a marijuana exclusion.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
NH Youth Centers Seek Coverage In Hundreds Of Abuse Suits
Two youth treatment centers accused an insurer Thursday of refusing to provide full coverage for hundreds of suits claiming that the centers mistreated children in their care, telling a New Hampshire federal court that the insurer wrongfully limited coverage to $1 million.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Fla. Hospital Seeks To Slash $70M Verdict, Cites Medicaid Cap
Tampa General Hospital is asking a Florida state court to slash more than $50 million from a $70 million award to a 42-year-old woman whose stroke went undiagnosed at the hospital, arguing that state law caps noneconomic damages awards for Medicaid recipients.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
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October 16, 2025
Hospital Insurer Seeks Ch. 15 After NY Child Abuse Claims
Northeast Insurance Co., a captive insurer for several hospitals and a Jewish nonprofit, asked a New York bankruptcy judge for Chapter 15 recognition of its Bermuda liquidation filing, saying it was rendered insolvent by claims stemming from the state's Child Victims Act.
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October 16, 2025
School, Priest Avoid Punitive Damages In Clergy Abuse Case
The New Jersey state court jury that awarded $5 million in compensatory damages to a man who claimed he was sexually assaulted by a priest when he was a 15-year-old student at a prestigious Catholic prep school in Morristown declined on Thursday to impose punitive damages.
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October 15, 2025
Ex-Angels Exec Denies Knowing 'Erratic' Staffer Sold Drugs
A former executive with the Los Angeles Angels denied on the witness stand Wednesday in a lawsuit over star pitcher Tyler Skaggs' overdose death that he was aware the team's then-communications director was selling drugs to players or had an illegal drug problem, but did say he displayed "erratic" behavior.
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October 15, 2025
Fla. Bar Can't Escape $1.6M Default Judgment In Injury Case
A split Florida appellate panel Wednesday affirmed a $1.6 million default judgment against a bar that had been sued over a woman's injuries, saying the drinking establishment's arguments about the lawsuit being served on a mystery woman named "Georgia" were meritless.
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October 15, 2025
Justices Allow Federal Gov't To Argue In Army Vet Injury Suit
The federal government has been allowed to weigh in on whether a U.S. Army veteran can revive his state-based injury claims against a military defense contractor in connection with a 2016 suicide bombing in Afghanistan, the U.S. Supreme Court announced.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Boy Scouts Claimants Look To Remove Slater, Citing Probe
Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.
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October 15, 2025
BofA, BNY Mellon Accused Of Enabling Epstein's Crimes
Bank of America and the Bank of New York Mellon Corp. are the latest banks accused of enabling Jeffrey Epstein's sex trafficking enterprise and failing to timely report the late sex offender's suspicious transactions, according to a pair of proposed class actions filed Wednesday in New York federal court.
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October 15, 2025
Ga. Justices Revive Suit Over L'Oréal Hair Relaxer Health Risks
The Georgia Supreme Court reversed a decision by the state's Court of Appeals that barred a woman's suit alleging that chemicals in hair relaxers made by L'Oreal USA Inc. and Strength of Nature Global LLC caused her to develop uterine fibroids.
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October 15, 2025
Travelers Unit Says Liberty Can't Recoup Injury Suit Costs
A Travelers unit said it doesn't owe two Liberty Mutual insurers over $2 million in defense and indemnity costs incurred in an underlying injury suit against their mutual insured, telling a New York federal court the other carriers are passing off the bill after "unilaterally and strategically" settling the case.
Expert Analysis
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire
In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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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.