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Personal Injury & Medical Malpractice
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November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling
Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
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November 17, 2025
Telehealth Co. Hims Sued Over College Student's Suicide
The family of a Washington State University student who died by suicide have sued telehealth company Hims & Hers Health Inc. in Washington state court, alleging their son was negligently prescribed an antidepressant known to carry a risk of suicide in adolescents despite his history of self-harm.
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November 17, 2025
2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits
A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.
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November 17, 2025
ExxonMobil Says Insurers Owe Coverage For Cancer Suits
ExxonMobil alleged that seven insurers failed to cover it against legal claims after two former contractors sued the petroleum giant, contending that exposure to a chemical in oil caused their cancer.
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November 17, 2025
Home Depot Fails In Bid To Ditch Slip-And-Fall Suit
Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.
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November 17, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
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November 17, 2025
NJ Justices Unsure Boys & Girls Club Abuse Suit Belongs In NJ
New Jersey Supreme Court justices on Monday appeared skeptical of the breadth of relief sought in litigation over alleged sexual abuse in the 1970s and '80s by a then-counselor at the Boys and Girls Clubs of America's Hudson County chapter, questioning where the line is drawn if they decide Garden State courts have personal jurisdiction over the nonprofit.
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November 17, 2025
Texas Court Says Hospital Sex Assault Isn't Medical Claim
A Texas appeals court has found that allegations that a hospital staffer sexually assaulted a minor patient do not constitute medical liability claims, saying the family of the patient do not need an expert report to continue the case under state law.
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November 17, 2025
Pa. Supreme Court Snapshot: Skill Games Top Nov. Lineup
The Pennsylvania Supreme Court's November session will tackle the legality of the "Pennsylvania Skill" games that have popped up in gas stations and convenience stores, answering the long-simmering question of whether they should be regulated like slot machines. Here are some of the cases the state supreme court will hear during its three-day session in Harrisburg.
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November 17, 2025
Uber's Fraud Claims Against LA Firms Is 'Fantasy,' Court Told
Two Los Angeles personal injury firms are asking a California federal court to toss a lawsuit alleging Uber is being targeted by a scheme involving fraudulent personal injury claims arising from motor vehicle accidents, with one of them calling the purported scheme a "mere fantasy."
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November 17, 2025
Mich. Doctor Gets 18 Months For $16M Drug Resale Scheme
A Michigan doctor was sentenced Monday to spend a year and a half in prison for his role in a scheme to purchase $16 million worth of cancer drugs and resell them at a profit, with a federal judge saying white collar sentences can "deter more" than other criminal sentences.
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November 17, 2025
Georgia Hospital System Says Judge DQ Bid Arrived Too Late
A Georgia healthcare provider said a Florida couple waited too late in moving to have a Georgia federal judge disqualify herself from presiding over their medical malpractice case, accusing them of "judge shopping."
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November 17, 2025
Ford Escapes Suit Over Seatbelt Defect In Fatal Crash
A Kentucky federal judge has given Ford Motor Co. a win in a suit alleging a defect in the seatbelts in its F-150 pickup trucks worsened a man's injuries when he was involved in a fatal collision, saying his experts failed to present a feasible alternative design.
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November 17, 2025
Mass. Justices Say Panel Overstepped In Sepsis Death Suit
Massachusetts' highest court on Monday reinstated medical malpractice claims against a nurse practitioner over a patient's sepsis death, saying a tribunal had stepped beyond its role in vetting an offer of proof by the man's widow.
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November 17, 2025
NC Hospital Data Sharing Class Gets $2.45M Deal, $750K Fee
A North Carolina Business Court judge gave final approval Monday to a $2.45 million class action settlement for almost half a million patients who accused a health system of sharing sensitive information with Meta Platforms Inc., with class counsel securing $750,000 in attorney fees.
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November 17, 2025
11th Circ. Says Fla. County Owes For Closing Private Beaches
The Eleventh Circuit ruled on Monday that a Florida county enforcing its COVID-19 restrictions for accessing private beaches counted as taking private properties without just compensation under the Fifth Amendment.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 14, 2025
Freeport-McMoRan Hid Mine Safety Risks, Investors Suit Says
Mining company Freeport-McMoRan Inc. faces a proposed investor class action alleging the company concealed safety risks at its copper mine in Indonesia, hurting investors after its trading prices fell when a landslide at the mine killed two workers and left others missing.
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November 14, 2025
Families' 5th Circ. Bid To Void Boeing-DOJ Deal A Long Shot
Families of victims of the 737 Max 8 crashes have asked the Fifth Circuit to overrule the U.S. Department of Justice's refusal to criminally prosecute Boeing for conspiring to defraud safety regulators, but experts say such a move may be a long shot.
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November 14, 2025
Bondi Taps SDNY To Investigate JPMorgan Over Epstein Ties
U.S. Attorney General Pam Bondi on Friday tapped Manhattan U.S. Attorney Jay Clayton to investigate Jeffrey Epstein's ties to JPMorgan Chase & Co., former President Bill Clinton and others after President Donald Trump called for the probe while claiming that his alleged links to the financier were a "hoax."
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November 14, 2025
11th Circ. Backs Hate Crime Convictions For Arbery Killers
The Eleventh Circuit has confirmed the federal hate crimes and kidnapping convictions of the murderers of Georgia's Ahmaud Arbery, holding Friday that federal prosecutors had marshaled "substantial evidence" to show the men acted out of racist intent in killing the 25-year-old Black jogger.
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November 17, 2025
CORRECTED: Estate Of Slain Clerk Wins $15.3M In Gaming Co. Suit
Two gaming machine companies, a convenience store owner, and a convicted murderer have been hit with a $15.3 million verdict in a lawsuit filed by the family of a Pennsylvania store clerk who was fatally shot during a 2020 robbery alleged to have been prompted by the presence of skill games on the premises.
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November 14, 2025
Google, TikTok, Meta Fight Calif. Law Over Kids' Online Feeds
TikTok, Meta and Google filed separate suits against California Attorney General Rob Bonta in federal court on Thursday seeking to block the state from enforcing a new law's requirement for parental consent before online platforms can deliver personalized content feeds to children, saying the provision infringes on their First Amendment rights.
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November 14, 2025
Ohio Panel Revives Brain Injury Suit Tossed As Untimely
An Ohio appeals court on Friday reinstated a woman's medical malpractice claim alleging she suffered a brain injury as a result of a failed intubation, saying the trial court was too hasty in determining that her claims were filed outside the state's one-year statute of limitations.
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November 14, 2025
9th Circ. Revives Deportation Case Due To Atty Errors
A split Ninth Circuit panel revived a Ugandan man's removal case, with the majority ruling that immigration courts wrongly brushed off his claims of ineffective counsel.
Expert Analysis
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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.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire
In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.