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Personal Injury & Medical Malpractice
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December 09, 2025
Ex-Bankruptcy Judges Urge High Court To End Estoppel Rule
Five retired bankruptcy judges are asking the U.S. Supreme Court to overturn a Fifth Circuit ruling blocking a debtor from pursuing litigation he failed to disclose in his bankruptcy case, saying the panel applied stricter standards than most circuits and the high court itself.
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December 08, 2025
Baby Food Cos., Parents Clash On Heavy Metals MDL Experts
A California federal judge heard arguments Monday over what expert witness evidence to allow in an upcoming trial over whether lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to ADHD and autism in children, as counsel from both sides kicked off a high-profile weeklong Daubert hearing.
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December 08, 2025
Insurer Denies Coverage To Retailers For Kratom Death Suit
An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
'Known Dangers' Of Driving Don't Merit $76M, Texas Court Says
A split Texas appellate court did away with a $76 million judgment against a company whose driver rear-ended the vehicle of a woman who later died, saying the woman's estate failed to show the company's negligence caused the wreck.
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December 08, 2025
Liberty Seeks Excess Insurer Repayment For $21.3M Verdict
A Berkshire Hathaway unit must cover Liberty Insurance Underwriters Inc.'s portion of a $21.3 million jury award in a personal injury case, Liberty said in a new federal complaint, arguing the unit unreasonably failed to resolve the case before trial despite multiple settlement offers.
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December 08, 2025
Royal Caribbean Negligent In Passenger Death, Family Says
Royal Caribbean crewmembers negligently overserved a man alcohol and later used excessive force to restrain him, the family of the man who died on board one of the company's cruise ships told a Florida federal court.
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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Ex-Archetype Capital Exec Hit With Trade Secret Injunction
A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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December 08, 2025
Judge Prods Doctor To Disclose Records In WWE Abuse Fight
A Connecticut judge bristled at a celebrity doctor's failure to overturn key records that may bolster a former WWE staffer's abuse claims against the company, saying on Monday that his prior order to unearth the documents "is not being taken seriously."
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December 08, 2025
Ga. Judge Rejects Judicial Bias Claims In Katt Williams Suit
A Georgia federal judge has declined to reconsider his ruling tossing a suit by four women against comedian Katt Williams, rejecting claims that judicial bias infected the ruling and defending his decision to refer their attorney to the state bar for filing a brief with numerous fake case citations generated by artificial intelligence.
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
New Orleans Archdiocese Gets OK For $230M Ch. 11 Plan
A Louisiana bankruptcy judge on Monday approved the Roman Catholic Archdiocese of New Orleans' Chapter 11 plan, allowing it to go forward with a $230 million settlement with sexual abuse claimants.
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December 08, 2025
Jury Awards $600K To Ga. Man Over Jail Abuse
A Georgia federal jury has handed a $600,000 verdict to a man who accused a former metro Atlanta sheriff of arresting and abusing him in custody after the sheriff intervened in a business dispute with one of his deputies.
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December 05, 2025
Character.AI Exec Can't Exit Teen's Suicide Suit, Mom Argues
The co-founder of Character.AI should not be allowed to escape a wrongful death lawsuit accusing the platform and its creators of building a large language model that encouraged a 14-year-old boy to kill himself, the teen's mother argued in Florida federal court, saying the founder essentially controlled the company, so much so that it was his alter ego.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
Fla. Judge OKs Release Of Epstein Grand Jury Transcripts
A Florida federal judge on Friday ordered the release of grand jury transcripts from an investigation of late sex offender Jeffrey Epstein, citing a newly enacted law that the government said overrides a prohibition on disclosing the documents to the public.
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December 05, 2025
Calif. Court Reverses Arbitration Denial In Injury Firm Dispute
A California state appeals court has reversed a lower court's decision denying an injury firm co-founding partner's petition to compel arbitration in a dispute with his former law partner over referral and attorney fees, finding that an arbitration clause may be enforceable.
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December 05, 2025
Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid
The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants.
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December 05, 2025
Court Asks Texas DPS If Delay At Uvalde Injured Survivors
A Texas appellate court pressed counsel for the Texas Department of Public Safety to explain how sovereign immunity bars tort claims brought by the victims who survived the Uvalde massacre, asking Friday why the agency should get to avoid negligence claims.
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December 05, 2025
Hawaii Sues TikTok Over Youth Mental Health
Hawaii this week became the latest state to hit TikTok with allegations that the social media company purposely designed its platform to hook users and especially children.
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December 05, 2025
Man Says Insurer Served Shooting Coverage Suit Too Late
The father of a mass shooter said his home insurer failed to serve him timely with a suit seeking to avoid coverage for an underlying action brought by the shooting victims and family members of decedents, telling a North Carolina federal court that the claims against him must be tossed.
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December 05, 2025
NFL Owner's Ex-Aide Agrees To Arbitrate Harassment Suit
A former assistant to Arizona Cardinals owner Michael Bidwill agreed to proceed with arbitration in her lawsuit accusing Bidwill of harassment, after having previously opposed the move, according to a joint court filing from the parties.
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December 05, 2025
3rd Circ. Clears Philadelphia Cops In Fatal Chase Crash
The Third Circuit ruled Friday that Philadelphia police aren't liable for the death of a bystander struck by an alleged drug dealer fleeing the cops, reasoning in a precedential decision that the officers didn't intend to harm.
Expert Analysis
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Risk Mitigation For Psychedelic Use In Reproductive Health
With the rising use of psychedelics among women of reproductive age and the absence of clear professional guidelines regarding risk labeling, healthcare providers and facilitators should adopt proactive, evidence-based approaches to mitigate malpractice liability risks, say Kimberly Chew at Husch Blackwell and Sara Shoar at the University of Southern California.
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State Of Insurance: Q3 Notes From Pennsylvania
Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.
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10 Quick Tips To Elevate Your Evidence Presentation At Trial
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Identifying The Sources And Impacts Of Juror Contamination
Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.
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Pa. Court Reaffirms Deference To Workers' Comp Judges
In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.
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Series
Writing Novels Makes Me A Better Lawyer
Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.
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In NY, Long COVID (Tolling) Still Applies
A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.