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Personal Injury & Medical Malpractice
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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October 08, 2025
Minn. 'Sober Home' Companies Sued After Tenant Killed 2
A Minnesota substance abuse center and so-called sober homes it worked with are facing a wrongful death suit over the killing of a tenant, alleging they were negligent in failing to treat and supervise another tenant who suffered from psychiatric issues, substance abuse and violent tendencies.
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
Sunbeam Ovens Burn Users, Suit Says
Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.
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October 07, 2025
9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit
A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.
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October 07, 2025
11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated
The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.
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October 07, 2025
NJ Surgeon On The Hook For Full $1.6M In Med Mal Case
A New Jersey physician found by a jury to be 60% at fault for a man's death following gallbladder removal surgery must pay the entire $1.6 million verdict, a New Jersey appeals court has ruled, citing a state statute regarding comparative fault in injury cases.
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October 07, 2025
Feds Sue SoCal Edison Over 2019 Saddleridge Wildfire Costs
The U.S. government filed a lawsuit Tuesday in California federal court over damage caused to National Forest System land by the 2019 Saddleridge Fire in Los Angeles County, saying Southern California Edison was responsible for the blaze.
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October 07, 2025
No Coverage For Smoke Shop Over Fatal Crash, Insurer Says
A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.
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October 07, 2025
Colo. Panel Weighs School's Liability In 2019 Shooting
Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.
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October 07, 2025
Camp Lejeune Litigation Goes On Despite Gov't Shutdown
The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.
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October 07, 2025
Rolls-Royce Can't Ditch Helicopter Crash Suit Before Trial
A Texas federal judge won't give Rolls-Royce Corp. a win before trial in a suit over a fatal helicopter crash in the U.S. Virgin Islands, finding that the company failed to show that Indiana law bars the plaintiff's claims.
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October 07, 2025
J&J Hit With $966M Verdict In Calif. Talc Lung Cancer Case
A California state jury has hit Johnson & Johnson with a $966 million verdict in favor of the estate of an 88-year-old woman who died of mesothelioma — the most recent judgment in a string of cases alleging that the company's talc products cause cancer.
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October 07, 2025
EMTs Appeal Losses Ahead Of False Death Declaration Trial
First responders facing trial for declaring a woman dead, only for a funeral home to discover she was alive, are urging a Michigan state appeals court to review what they say are "contradictory legal frameworks" imposed by a judge ahead of trial.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Firefighters' Union Drops PFAS Suit Against Safety Group
A firefighters' union has dropped a 2023 lawsuit in Massachusetts state court accusing a fire safety organization of ignoring the cancer risk of "forever chemicals" in maintaining safety standards that continued to call for their use in firefighting gear.
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October 06, 2025
Paraquat MDL Judge Seeks Answers From Plaintiffs' Atty
The Illinois federal judge presiding over multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease on Monday ordered Aimee Wagstaff of Andrus Wagstaff PC, a former member of the plaintiffs' executive committee, to explain why she's putting on a video conference for other attorneys in the litigation.
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October 06, 2025
Supreme Court Won't Review Russian Bank Jet Crash Suit
The U.S. Supreme Court on Monday declined to undo a precedential Second Circuit decision finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument it is entitled to sovereign immunity.
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October 06, 2025
Girardi's Son-In-Law Gets Mixed Sentence For Contempt
Tom Girardi's son-in-law received a mixed sentence in Chicago federal court Monday that included equal parts incarceration and home confinement alongside a hefty community service obligation for failing to alert a judge when he knew Girardi wasn't paying certain Lion Air crash clients their settlements as ordered.
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October 06, 2025
Clergy Abuse Jurors To Decide If Truth Or Money Spurred Suit
Jurors in a clergy sex abuse trial began deliberating Monday after they were asked to decide if the alleged assault was the culmination of a "culture" of abuse and silence at a New Jersey Catholic prep school or a fabrication channeled into a money-motivated lawsuit.
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October 06, 2025
Justices Hint At Barring Del. Med Mal Law In Federal Court
The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.
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October 06, 2025
Conn. Judges Unsure Why Court Called IVF A Sexual Act
Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.
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October 06, 2025
Full 11th Circ. Told To Rehear Sentence In Armed Career Case
The Eleventh Circuit was asked to rehear a decision upholding a 15-year prison sentence for a man who claims an enhancement to a federal firearms conviction violates his rights under the equal protection clause of the Constitution.
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October 06, 2025
Supplement Co. Sold Soviet-Era Drug As Sleep Aid, Suit Says
An addict in recovery hit Hi-Tech Pharmaceuticals Inc. with a proposed class action on Friday in Georgia federal court alleging that he bought a sleep aid sold as a dietary supplement that actually contains a dangerous, addictive sedative first developed by the Soviet Union in the 1960s.
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October 06, 2025
Justices Nix Petition Over Due Process In Arbitration
The U.S. Supreme Court on Monday turned away a petition challenging a Florida appellate court decision that vacated a $1.5 million legal malpractice arbitration award against a company's former attorneys, Miami-based personal injury firm Ferraro Law Firm PA.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Conn. Ruling May Help Prevent Abuse Of Anti-SLAPP Statute
If the decision in Aguilar v. Eick, where the Connecticut Appellate Court held that the state's anti-SLAPP statute does not authorize the court to conduct an evidentiary hearing, is reconsidered by the state Supreme Court, it could provide an important mechanism for defendants to prevent plaintiffs from pleading around the reach of the statute, say attorneys at McCarter & English.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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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.