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Personal Injury & Medical Malpractice
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September 05, 2025
NY AG Settles Lead Paint Suit With Buffalo Landlord
New York's attorney general, Erie County and the city of Buffalo have reached a proposed settlement with a Buffalo landlord and other parties who were accused of failing to deal with hazardous lead paint in multiple rental properties, according to a proposed consent order and judgment filed Friday.
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September 05, 2025
Mass. Justices Mull Privacy Issues In Era Of Online Records
Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.
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September 05, 2025
Jury Awards $15M In Topgolf Trial Over Oregon Child's Injury
A child who was struck in the face and seriously injured by a golf club at a Topgolf facility in 2021 has been awarded more than $15 million by an Oregon federal jury, with the company and the child's family reaching a settlement on punitive damages on Friday.
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September 05, 2025
Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit
Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.
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September 05, 2025
Rochester Diocese's $246M Abuse Settlement Plan Approved
A New York bankruptcy judge on Friday approved the Roman Catholic Diocese of Rochester's $246 million Chapter 11 plan to the sound of applause as a six-year-old effort to craft a plan to pay sexual abuse claimants rolled to a conclusion.
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September 04, 2025
NJ Transit Urges Justices To Affirm Its Sovereign Immunity
New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
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September 04, 2025
Ill. Court Says Employer Immunity Bars Shovel Attack Suit
An Illinois appellate court has upheld the dismissal of a suit seeking to hold an employer liable for injuries suffered by a worker whose coworker repeatedly hit him on the head with a shovel, saying the claims are barred by the state's workers' compensation statute.
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September 04, 2025
Ga. Panel Weighs Tolling Issue In Archdiocese Abuse Cases
An attorney urged the Georgia Court of Appeals on Thursday to overturn a trial court order freeing the Archdiocese of Atlanta, the city's current and former archbishops and a number of parish churches from a set of consolidated cases related to sexual abuse that allegedly took place from the 1960s through the 1980s.
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September 04, 2025
4th Circ. Affirms Gardasil's Vaccine Table Inclusion
A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.
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September 04, 2025
Court Revives Hertz's Claims Against AAA Over Untowed Car
A Florida appeals court on Wednesday revived Hertz's third-party claims against the American Automobile Association over a rental car left untowed on a Miami causeway, ruling that a previous decision barring an injured driver's negligence suit does not eclipse Hertz's contract claims.
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September 04, 2025
San Francisco Archdiocese Claimants Must Refile Affiliate Suit
A California bankruptcy judge on Thursday told the unsecured creditors committee in the Chapter 11 of the Archdiocese of San Francisco to refile a complaint seeking to declare parish assets estate property, saying the "substance" of the arguments was enough to go forward to trial.
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September 04, 2025
Ga. Officer Beats Tornado Failure To Warn Claims, Panel Says
A Georgia sheriff's office lieutenant can't be held liable for a family's death and injuries in a tornado after she failed to activate the county's warning siren system, a state appellate court said Thursday, ruling that her duties extended only to the public in a general sense rather than to individuals.
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September 04, 2025
NC Panel Reopens 13 Asbestos Cases Against Tire-Maker
A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.
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September 04, 2025
Settlement Reached In Harassment Suit Against Fox Sports
A lawsuit accusing prominent figures at Fox Sports of sexual harassment — including an allegation that popular host Skip Bayless offered $1.5 million for sex — has been dismissed by a California state judge after a hairstylist who formerly worked for the network reached a settlement with Fox Sports and the personalities.
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September 04, 2025
Atty Can't Duck TCPA Suit Over Camp Lejeune Calls
A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.
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September 04, 2025
Donna Adelson Found Guilty Of Plotting To Murder Law Prof
A Florida state court jury on Thursday convicted Donna Adelson of killing law professor Dan Markel, finding her guilty of masterminding a plot to have hit men commit the murder in 2014.
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September 04, 2025
No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit
A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.
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September 04, 2025
Feds Sue SoCal Edison Over Eaton, Fairview Wildfires
The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.
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September 04, 2025
Truck-Maker Seeks Dismissal Of Duplicate Heat Death Suit
A company that manufactures commercial trucks and delivery vans has urged a Michigan federal court to toss a father's lawsuit over the heat-related death of his son in one of its vehicles, contending that there's an identical case pending before the Ninth Circuit.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 03, 2025
Trump Seeks To Have Justices Toss E. Jean Carroll Verdict
President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."
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September 03, 2025
Ga. County Can't Recoup Bio-Lab Emergency Response Costs
A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.