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Personal Injury & Medical Malpractice
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
Airbnb Guests Claim They Were Recorded, Nudes Shared
Airbnb knew that two Palm Springs, California, hosts were secretly video recording female guests but did not delist the rental home, according to lawsuits filed by several women who stayed at the property and claim nude footage of them was passed around.
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August 01, 2025
9th Circ. Partially Revives Child Porn Victims' Suit Against X
The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.
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August 01, 2025
3 Injured In Assisted-Living Facility Fire Sue Owner, Alarm Co.
Three injured survivors of a deadly fire at a Fall River, Massachusetts, assisted-living facility last month have sued the owner and a fire alarm company, alleging that the owner ignored multiple safety issues and let the place become "a death trap."
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August 01, 2025
Deal Near In Sex Abuse Litigation Coverage Fight, Court Told
Counsel for a neurosurgery institute told a Pennsylvania federal court Friday it plans to confirm a final agreement with the institute's insurers in a coverage dispute over underlying litigation alleging former patients were assaulted by a now-deceased neurologist, as settlements are pending with each underlying plaintiff.
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August 01, 2025
Conn. Firm Seeks Pause Amid Firm Breakup Arbitration
In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.
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August 01, 2025
Boeing Sued By Alaska Air Crew Over Door Plug Blowout
Four Alaska Airlines flight attendants aboard the 737 Max 9 jet that experienced a midair door plug blowout have sued jet-maker Boeing in Washington state court alleging the harrowing January 2024 incident left them with physical and mental injuries, including severe emotional distress.
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August 01, 2025
OptumRx Moves To DQ Motley Rice In Utah Opioid Case
Pharmacy benefit manager OptumRx has moved to disqualify Motley Rice LLC from representing the state of Utah in an opioid crisis lawsuit, claiming the firm clearly violated ethical rules by investigating OptumRx on behalf of government entities, then suing OptumRx in a private capacity.
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August 01, 2025
Judge Denies Memphis Bid To Sanction Tyre Nichols' Lawyers
A Tennessee federal judge has decided not to issue sanctions against high-profile civil rights lawyers Ben Crump and Antonio Romanucci over a press release that claimed a civil lawsuit against the city over the police beating death of Tyre Nichols would not bankrupt the Memphis government because the city's insurance would foot the bill.
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August 01, 2025
3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit
A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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August 01, 2025
4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11
The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.
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August 01, 2025
Tesla Hit With $329M Verdict In Trial Over Fatal Autopilot Crash
A Miami jury in a highly publicized trial over Tesla's autopilot on Friday found the product to be defective and awarded $329 million in damages to the loved ones of a woman killed in a 2019 Florida Keys crash.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
CSX Settles Derailment Suit With NC Mine On Eve Of Trial
CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.
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July 31, 2025
Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
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July 31, 2025
Plaintiffs Seek $345M For Fatal Crash In Tesla Autopilot Trial
The plaintiffs in a suit seeking to hold Tesla accountable for a fatal crash in the Florida Keys asked jurors Thursday to award $345 million in damages for putting out an allegedly defective autopilot product into the market.
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July 31, 2025
NTSB Hearing Probes Air Traffic Control In DCA Collision
Air traffic controllers often juggled both helicopter and fixed-wing plane traffic at Ronald Reagan Washington National Airport, trusted pilots to use their own judgment to visually maintain safe distances from other planes in certain situations and adopted a "just make it work" approach, according to details from the National Transportation Safety Board.
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July 31, 2025
Georgia Court Panel Revives Woman's Bus Injury Suit
A commuter who filed a personal injury lawsuit against an Atlanta-area bus company two years and two days after she was injured did not run afoul of Georgia's statute of limitations, a state appeals court ruled on Thursday, saying the law gives plaintiffs additional time when the last day would technically fall on a weekend.
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July 31, 2025
Segway Slapped With Class Suit Over E-Scooter Fall Hazard
Segway Inc. was hit with a proposed class action in Washington federal court on Thursday by a consumer who claims the company sold more than 200,000 electric scooters with a dangerous defect that puts riders at risk of falling and failed to adequately address the issue during a recall.
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July 31, 2025
Calif. Med Mal Law Can't Apply To Ambulance Crash Suits
The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.
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July 31, 2025
Amazon Customer Can't Nix Defenses In 'Bling' Blinding Suit
A California federal judge largely denied a woman's bid for an early judgment on Amazon.com Servies LLC's defenses and some claims in her suit alleging she was blinded in one eye by a "sparkly bling" steering wheel accessory when her airbag deployed in a collision.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Injured Motocross Rider's Negligence Suit Teed Up For Trial
A Florida federal judge has denied summary judgment in a lawsuit accusing a motocross event organizer of negligence after an accident at a Supercross Championship race left a professional rider paralyzed, ruling issues of material fact still exist regarding the reach and applicability of the waivers he signed.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.