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Personal Injury & Medical Malpractice
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December 01, 2025
Travelers Asks Texas Court To Allocate $11M Auto Coverage
The Travelers Indemnity Company of America asked a Texas federal court Monday to divvy up $11 million in insurance policy limits to relieve the insurer and the energy company it insured from wrongful death lawsuits following a fatal car crash involving a driver for the company.
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December 01, 2025
NYC Sued Over Killer-Cop's Misconduct In False Convictions
A Brooklyn man who was wrongfully incarcerated for one year after being railroaded by a crooked murderous cop has filed a proposed federal class action against the city of New York on behalf of himself and 134 other people whose convictions were overturned after the former officer's misconduct came to light.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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December 01, 2025
Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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December 01, 2025
Judge Upholds Mich. MedMal Cap, Cuts $8.5M Verdict
A Michigan federal judge has slashed the $8.5 million a jury awarded to the estate of a cancer patient suing over his doctor's treatment decisions to about $615,000, ruling that a state law limiting noneconomic damages in medical malpractice cases is constitutional.
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December 01, 2025
Chewy Can't Strike Negligence Claim In Tripping Death Suit
A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.
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December 01, 2025
Meet The Attys Arguing Gov't Subpoena Power At High Court
Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.
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December 01, 2025
Fla. Jury Rules In Favor Of Megan Thee Stallion Over Deepfake
A Florida federal jury on Monday awarded $75,000 in damages to Megan Thee Stallion in her trial against online personality Milagro "Mobz World" Cooper, ruling that the rapper's reputation was injured over accusations of lying in court and after a deepfake porn video was shared across the internet.
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November 26, 2025
DOJ Asks Court If It Can Release Epstein Files Under New Law
The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.
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November 26, 2025
Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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November 26, 2025
Marshalls Isn't Liable For Shopper's Fall, Calif. Panel Says
California appellate justices refused to revive a lawsuit by a Marshall's customer who tripped and fell after hitting her ankle on a platform behind her while looking at vases on a shelf, pointing out that the customer admitted she wasn't looking at where she was going when she stepped backward.
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November 26, 2025
OpenAI Says ChatGPT Can't Be Blamed For Teen's Suicide
OpenAI hit back at allegations that its ChatGPT artificial intelligence chatbot aided and abetted a California teen's suicide, saying the boy's misuse of the platform caused his actions, according to documents filed in San Francisco County Superior Court.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Disbarred Atty Can't Avoid Judgment In Theft Suit
A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.
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November 26, 2025
Yale Healthcare Workers Lose COVID Vaccine Mandate Suit
A Connecticut federal judge has again thrown out a complaint brought by several current and former Yale New Haven Health Services Corp. workers, who alleged the healthcare system's COVID-19 vaccine mandate violated their constitutional rights, finding they "have failed to plausibly allege sufficient facts that YNHHS acted under color of state law."
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November 26, 2025
Texas Panel Won't Toss Suit Against Houston Over Teen Death
A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.
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November 26, 2025
Conn. High Court Snapshot: Utilities Fight Regulator's Orders
Connecticut Supreme Court justices will spend part of their upcoming term wading into battles between utility companies and the agency tasked with regulating them, which could shape state authority on issues from emergency response requirements to contract interpretation.
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November 26, 2025
Broward Schools Sue Insurer To Cover Parkland Settlement
The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooting at a Parkland high school, the board told a state court.
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November 26, 2025
New Orleans Archdiocese Strikes Deal With Bondholders
The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.
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November 25, 2025
11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal
A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.
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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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November 25, 2025
NYC Boutique Hotel Can't Undo $1.6M Sex Assault Verdict
A New York federal judge has denied a Manhattan boutique hotel's bid to vacate a $1.6 million judgment awarded to a hotel guest who was sexually assaulted by an unlicensed massage therapist in 2018, saying a seven-figure award for pain and suffering was reasonable.
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November 25, 2025
Ariz. Court Partially Reinstates Banner Health Death Suit
An Arizona appellate court has revived a wrongful death suit accusing a Banner Health hospital and a physician of causing a patient's death from drug complications, saying the statute of limitations didn't begin running until the plaintiff received the relevant medical records.
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November 25, 2025
2nd Circ. Backs Jury's $3.85M Verdict In Sex Trafficking Case
A New York jury had enough evidence to hold retired financier Howard Rubin liable for sex trafficking after six women testified that he lured them with promises of money, travel and modeling opportunities and then subjected them to violent, nonconsensual acts, the Second Circuit has ruled in upholding a $3.85 million civil verdict.
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.