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Personal Injury & Medical Malpractice
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Parents Say Texas Camp Put Profits Over Their Girls' Lives
The families of six children and two teenage counselors killed in flooding this summer at Camp Mystic in Texas' Hill Country on Monday accused the camp of putting "profit over safety" by ignoring warnings about the risky location of cabins and failing to evacuate campers as a storm blew in.
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November 10, 2025
Trump Asks Justices To Overturn E. Jean Carroll's $5M Verdict
President Donald Trump Monday urged the U.S. Supreme Court to overturn writer E. Jean Carroll's $5 million sexual assault civil verdict win against him, saying the verdict resulted from "striking departures" from federal evidence rules that will repeat in other future cases unless the high court corrects them.
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November 10, 2025
No Excuse For No Doctor's Note In Med Mal Suit, NJ Court Says
A New Jersey appeals court on Monday affirmed the dismissal of a medical malpractice suit against a hospital and two doctors, saying there were no extraordinary circumstances to warrant allowing the suit to proceed without the mandatory affidavit of merit from a doctor supporting the claims.
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November 10, 2025
$22M Helicopter Crash Verdict Balloons With Interest On $12M
A Montana federal judge has tacked on pre- and postjudgment interest to most of a $22 million verdict against aircraft manufacturer Kaman Aerospace Corp. in a lawsuit over a defectively made helicopter that crashed five years ago, killing a veteran pilot who was fighting a wildfire.
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November 10, 2025
Best Buy Says CGL Policy, Not Auto, Covers Crash Settlement
Best Buy accused three AXA XL units of failing to properly cover its "multi-million-dollar" settlement of negligence claims over a fatal automobile collision involving an independent subcontractor, telling a Minnesota federal court its insurers have restricted coverage to an inapplicable auto policy with a $6 million deductible.
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November 10, 2025
'Legal Fiction' May Doom Rastafarian's Haircut Suit
The U.S. Supreme Court appeared to doubt Monday that a Rastafarian could hold Louisiana prison guards personally responsible for allegedly violating his religious rights when they forcibly shaved off his dreadlocks, with the justices splitting ideologically over whether a federal law gave the guards enough warning about their potential liability.
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November 10, 2025
Ohio Panel Reinstates Yamaha Carbon Monoxide Death Suit
An Ohio appeals court has reinstated claims against Yamaha Motor Co. Ltd. stemming from the death of a college athlete who drowned after riding on a Yamaha boat, finding there are factual disputes about whether the boat was defectively designed and whether the manufacturer adequately warned of carbon monoxide exposure.
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November 10, 2025
Boy Scouts Trustee Pushes Back On $31.2M Claim
The trustee overseeing the distribution of funds to sex assault victims in the Boy Scouts of America bankruptcy is opposing negotiations with a man who holds what could be a $31.2 million claim — possibly the biggest single claim so far — saying that procedures require him to take his claim to court instead.
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November 10, 2025
11th Circ. Revives Suit Over Deadly Navy Base Shooting
The Eleventh Circuit on Monday revived a lawsuit against Saudi Arabia alleging its responsibility for a deadly shooting attack at a Florida Navy base, saying the country must face claims over gross negligent hiring practices.
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November 10, 2025
Gov't Can Support Anti-Abortion Group In NJ Subpoena Fight
The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.
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November 10, 2025
Mich. Justices To Hear If Signed Form Shields Hospital
The Michigan Supreme Court has agreed to hear arguments on whether a patient's signed consent form alone is enough to defeat a medical malpractice suit claiming a Michigan hospital was responsible for an independent contractor physician's alleged negligence.
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November 10, 2025
'Extraordinary' NC Atty Janet Ward Black Dies At 66
Prominent North Carolina personal injury attorney Janet Ward Black, who founded the Greensboro firm Ward Black Law, has died at 66.
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November 10, 2025
BMW Sued Over Fire Risk In 145,000 Recalled Vehicles
BMW of North America sold more than 145,000 vehicles with defective electrical starters despite knowing that they can overheat and pose a fire hazard, according to a proposed class action in New Jersey federal court.
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November 10, 2025
Supreme Court Declines Lawyer's Bid For New Tax Fraud Trial
The U.S. Supreme Court won't hear a personal injury lawyer's appeal of his conviction over allegations he concealed more than $2.6 million in income from the Internal Revenue Service.
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November 07, 2025
4th Circ. Opioid Case Brings Public Nuisance Back To The Fore
The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.
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November 07, 2025
OpenAI Hit With Wave Of Suits Over 'Suicide Coach' ChatGPT
ChatGPT users and suicide victims' families hit OpenAI Inc. and its CEO Sam Altman with a wave of lawsuits in California state court Friday, alleging OpenAI knowingly released a dangerously designed sycophantic, psychologically manipulative, addictive version of ChatGPT that at times became a "suicide coach" to vulnerable users who killed themselves.
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November 07, 2025
Can States Prosecute ICE Agents? It Depends
Video showed a masked federal agent walking out of the gates of an Immigration and Customs Enforcement facility in Durango, Colorado. He stepped around a small line of protesters seated on the street and lumbered past a petite, gray-haired woman as she recorded him on her smartphone last month.
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November 07, 2025
Texas AG: Roblox Not Protecting Kids From 'Pixel Pedophiles'
Texas has sued Roblox Corp. in state court, accusing the multibillion-dollar company of deceiving parents about the safety of its popular online gaming platform and allowing children to wander in what the state called an "unregulated universe" shared with predators.
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November 07, 2025
Bojangles Not Covered In NC Sex Abuse Suit, Insurer Says
Fried chicken fast-food chain Bojangles and one of its largest franchisees are not entitled to defense coverage in an underlying civil suit alleging a restaurant manager sexually groomed and abused two minor employees in North Carolina, their insurance company said Friday.
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November 07, 2025
Fla. Hospital Blamed For Child Bone Marrow Transplant Death
The parents of a child who died following a bone marrow transplant have sued Nicklaus Children's Hospital for alleged negligence, saying in a Florida complaint that doctors performed an unnecessary, risky procedure without their consent.
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November 07, 2025
Katt Williams Scores Victory In Atlanta Assault Suit
A Georgia federal judge has freed Katt Williams from a suit brought by four women who alleged they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, ruling Friday that the claims are time-barred.
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November 07, 2025
Insurer Freed From Covering $3.4M Lost Evidence Settlement
A real estate company's insurer owes no coverage for a $3.4 million settlement resolving an employee's claim that it negligently failed to preserve video evidence of his fall into a sewer pit, an Illinois federal court ruled, rejecting the company's argument that the insurer prejudiced it while providing a defense.
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November 07, 2025
Wells Fargo Beats Booze Claims Over Employee's Crash
Wells Fargo cannot be held liable for a former employee's fatal car crash that killed a Georgia man over six years ago, the Eleventh Circuit said Friday, holding that the man's widow failed to produce any evidence that the driver got himself drunk at a company function just before the incident.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
Expert Analysis
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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.