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Personal Injury & Medical Malpractice
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December 01, 2025
Bayer Gets SG's Support In Supreme Court Roundup Appeal
U.S. Solicitor General D. John Sauer on Monday urged the U.S. Supreme Court to overturn a $1.2 million jury award for a man who claimed that Monsanto's Roundup weed killer caused his cancer, according to a brief filed in response to the justices' request that the government weigh in.
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December 01, 2025
2nd Circ. Reopens Scooter Crash Suit Against Feds
A Brooklyn man will get another shot at suing the federal government over injuries he sustained when his scooter collided with an SUV driven by an air marshal, the Second Circuit ruled on Monday, saying a jury needs to determine who had the right-of-way and whether the government driver acted negligently.
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December 01, 2025
Panel Says Plaintiff's 'Confusion' Warrants Injury Trial Loss
A Maryland state appeals court has affirmed a shopping center's midtrial win in a woman's lawsuit over her serious trip-and-fall injuries, finding her "confusion" and memory issues during testimony justified ending the trial early.
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December 01, 2025
Union Pacific Still Can't Upend Worker's $27M Verdict
An Oregon federal judge on Monday refused Union Pacific Co.'s bid to wipe out a $27 million verdict in a suit from an ex-worker alleging he was discriminated against for an injury, saying there was enough evidence to support both the liability finding and the $25 million in punitive damages.
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December 01, 2025
9th Circ. Rejects Asylum Bid From Sikh Party Supporter
An Indian man who says he was assaulted in his home country for participating in a Sikh political party cannot seek asylum in the U.S., the Ninth Circuit ruled Monday, saying he hasn't established persecution, while one judge called for a U.S. Supreme Court "course correction" ironing out the appropriate review standard.
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December 01, 2025
Travelers Asks Texas Court To Allocate $11M Auto Coverage
The Travelers Indemnity Company of America asked a Texas federal court Monday to divvy up $11 million in insurance policy limits to relieve the insurer and the energy company it insured from wrongful death lawsuits following a fatal car crash involving a driver for the company.
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December 01, 2025
NYC Sued Over Killer-Cop's Misconduct In False Convictions
A Brooklyn man who was wrongfully incarcerated for one year after being railroaded by a crooked murderous cop has filed a proposed federal class action against the city of New York on behalf of himself and 134 other people whose convictions were overturned after the former officer's misconduct came to light.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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December 01, 2025
Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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December 01, 2025
Judge Upholds Mich. MedMal Cap, Cuts $8.5M Verdict
A Michigan federal judge has slashed the $8.5 million a jury awarded to the estate of a cancer patient suing over his doctor's treatment decisions to about $615,000, ruling that a state law limiting noneconomic damages in medical malpractice cases is constitutional.
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December 01, 2025
Chewy Can't Strike Negligence Claim In Tripping Death Suit
A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.
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December 01, 2025
Meet The Attys Arguing Gov't Subpoena Power At High Court
Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.
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December 01, 2025
Fla. Jury Rules In Favor Of Megan Thee Stallion Over Deepfake
A Florida federal jury on Monday awarded $75,000 in damages to Megan Thee Stallion in her trial against online personality Milagro "Mobz World" Cooper, ruling that the rapper's reputation was injured over accusations of lying in court and after a deepfake porn video was shared across the internet.
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November 26, 2025
DOJ Asks Court If It Can Release Epstein Files Under New Law
The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.
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November 26, 2025
Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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November 26, 2025
Marshalls Isn't Liable For Shopper's Fall, Calif. Panel Says
California appellate justices refused to revive a lawsuit by a Marshall's customer who tripped and fell after hitting her ankle on a platform behind her while looking at vases on a shelf, pointing out that the customer admitted she wasn't looking at where she was going when she stepped backward.
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November 26, 2025
OpenAI Says ChatGPT Can't Be Blamed For Teen's Suicide
OpenAI hit back at allegations that its ChatGPT artificial intelligence chatbot aided and abetted a California teen's suicide, saying the boy's misuse of the platform caused his actions, according to documents filed in San Francisco County Superior Court.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Disbarred Atty Can't Avoid Judgment In Theft Suit
A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.
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November 26, 2025
Yale Healthcare Workers Lose COVID Vaccine Mandate Suit
A Connecticut federal judge has again thrown out a complaint brought by several current and former Yale New Haven Health Services Corp. workers, who alleged the healthcare system's COVID-19 vaccine mandate violated their constitutional rights, finding they "have failed to plausibly allege sufficient facts that YNHHS acted under color of state law."
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November 26, 2025
Texas Panel Won't Toss Suit Against Houston Over Teen Death
A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.
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November 26, 2025
Conn. High Court Snapshot: Utilities Fight Regulator's Orders
Connecticut Supreme Court justices will spend part of their upcoming term wading into battles between utility companies and the agency tasked with regulating them, which could shape state authority on issues from emergency response requirements to contract interpretation.
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November 26, 2025
Broward Schools Sue Insurer To Cover Parkland Settlement
The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooting at a Parkland high school, the board told a state court.
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November 26, 2025
New Orleans Archdiocese Strikes Deal With Bondholders
The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.
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.