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Personal Injury & Medical Malpractice
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October 29, 2025
Pharmacies Say $1.5B Damages Too Much In Fla. Opioid Suit
CVS, Walgreens and Walmart on Wednesday grilled an economics expert witness over his opinion that they owe as much as $1.5 billion to a group of Florida hospitals that treated opioid-harmed patients, with defense counsel suggesting damages shouldn't be based on the full sticker price of the medical care.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
3 Pharmaceutical Firms Will Pay $4M To Tribes In Opioid MDL
Indivior, Sun Pharmaceuticals and Zydus Pharmaceuticals have inked deals to compensate tribes for their role in the opioid crisis, according to stipulated dismissals entered on Wednesday in Ohio federal court.
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October 29, 2025
Split Ga. Appeals Court Upends $13.7M Med Mal Fee Award
In a split decision, a Georgia appellate court panel on Wednesday tossed a $13.7 million attorney fee award in a medical malpractice case after finding that a trial court improperly considered postjudgment legal work in approving that amount.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Sens. Introduce Bill To Block AI Chatbots From Minors
A bipartisan group of senators has introduced a bill that would regulate the use of artificial intelligence chatbots and companions by minors, levying fines of up to $100,000 against companies that violate the bill's terms.
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach of contract, a Minnesota federal court ruled.
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October 29, 2025
Fla. Court Reverses $213M Judgment In 'Maya' Case
A Florida appeals court on Wednesday reversed a $213 million judgment for Maya Kowalski, the subject of a Netflix documentary, after finding the trial court erred in too narrowly construing the immunity Florida law grants to those who report suspicions of child abuse.
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October 28, 2025
Social Media Apps Say Section 230 Halts Mental Health Claims
Attorneys for Meta Platforms, YouTube, Snap and TikTok on Tuesday urged a Los Angeles judge to toss claims against them from an upcoming bellwether trial over the platforms' alleged harm to youth mental health, arguing that Section 230 of the Communications Decency Act should prevent many of the claims from reaching a jury.
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October 28, 2025
Judge Mulling Hiscox's Arbitration Bid In Legionnaires' Row
A Michigan federal judge said he needs to see a contract between two insurers before deciding whether to send a dispute stemming from denied reinsurance coverage for a Legionnaires' disease outbreak to arbitration in Bermuda.
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October 28, 2025
NC Justice Blasts Attacks On Counsel In Plane Crash Case
A visibly vexed chief justice of the North Carolina Supreme Court on Tuesday impugned a Philadelphia lawyer for seemingly making unsupported personal attacks against opposing counsel, including allegedly falsely accusing the opposing counsel of being in cahoots with a trade group that filed an amicus brief.
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October 28, 2025
J&J Hit With $20M Verdict In Fla. Talc Trial
A Florida jury on Tuesday awarded $20 million to the widow of a nephrologist who used Johnson & Johnson talcum powder for 50 years and died of mesothelioma, after a plaintiffs lawyer argued the company broke its "promise of purity."
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
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October 28, 2025
Atty In Katt Williams Assault Case Sanctioned For Bogus Cites
An attorney for four women suing comedian Katt Williams must notify a federal district court for the next five years that she was sanctioned for using suspected artificial intelligence-generated fake citations as part of a punishment handed down Tuesday by a Georgia federal judge.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
Ga. Defamation Case Against Atty Hinges On Doctor's Status
The Georgia Court of Appeals asked a trial court Tuesday to determine whether an orthopedic surgeon in the Peach State is a public figure or private person, a question at the center of whether the physician can pursue a defamation suit against a defense attorney.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 28, 2025
CSX Beats Truck Driver's Suit Over Amputated Fingers
The Georgia Court of Appeals backed an early win by a CSX division and a logistics company in a truck driver's lawsuit over a shipping container that slipped and crushed his hand, ruling that even if the companies had negligently loaded the container, the driver "could have avoided the consequences."
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
Expert Analysis
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.