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Personal Injury & Medical Malpractice
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July 21, 2025
Fla. Atty Urges Toss Of Sean Combs' $50M Defamation Suit
A Miami attorney urged a New York federal judge to toss Sean "Diddy" Combs' $50 million defamation suit alleging she perpetuated false claims of him sexually assaulting inebriated celebrities and minors on recorded video, saying the complaint fails to state a claim or back up accusations with facts.
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July 21, 2025
Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime
The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.
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July 21, 2025
Enterprise Need Only Check License, Conn. Panel Rules
Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.
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July 21, 2025
Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust
Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.
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July 21, 2025
Baseball Training Co. Must Face Suit Over Mom's Injury
Indiana's court of appeals ruled that a baseball training center cannot escape a lawsuit accusing the business of negligence after an admittedly unstable training screen fell over and caused a head injury to the mother of one of the trainees.
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July 21, 2025
Tesla Driver In Crash Says He Was 'Too Comfortable' With Car
The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Calif. Court Orders Drug Deal Retrial Over Mistaken Admission
A California state appeals court on Monday demanded a new trial on drug dealing charges for a man who admitted to possessing cocaine while on probation, finding a trial court judge had erroneously admitted botched testimony the man gave in a probation hearing.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Son Of Convicted Mich. Doc Ditches Fraudulent Transfer Case
The son of a Michigan doctor accused of fraudulently selling property and sending money to his family to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud conviction was dismissed from the government's fraudulent transfer lawsuit against his father on Monday.
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July 21, 2025
Pa. Hospital Can Shield Some Docs In Birth Injury Suit
A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
Family Accuses Pizza Shop Of Failing To Prevent Fatal Beating
The family of a line cook sued the restaurant, its owner and others in Pennsylvania court Friday, accusing them of goading a violent patron and failing to protect the cook from that patron, who allegedly beat him to death.
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July 21, 2025
Dentist Can't Shake $11.4M Verdict Over Patient's Cancer
A Pennsylvania Superior Court on Monday affirmed an $11.4 million verdict against a dentist who allegedly ignored signs of skin cancer during appointments, rejecting her argument that the evidence didn't support the verdict.
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July 21, 2025
Ruger Says Colo. Shooting Suits Can't Lean On Conn. Ruling
Sturm Ruger & Co. on Monday asked a Connecticut state judge to strike lawsuits by the families of the victims of a Colorado mass shooting, saying litigation from the Sandy Hook massacre does not open the Constitution State's unfair trade practices statute to all advertising-based claims against gunmakers.
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July 21, 2025
Uber Sues LA Law Firms Over Alleged Crash Fraud Scheme
Uber Technologies Inc. filed a lawsuit Monday against two Los Angeles personal injury firms, two of their attorneys and others, alleging the ride-sharing company is being targeted by a scheme involving fraudulent personal injury claims arising from motor vehicle accidents.
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July 21, 2025
2nd Circ. Affirms Big Banks' Win In Terrorism Financing Fight
A New York federal judge was right to dismiss a suit seeking to hold Deutsche Bank, Standard Chartered Bank and Danske Bank liable for aiding and abetting terrorist bombings in Afghanistan, a Second Circuit panel ruled Monday.
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July 21, 2025
Ga. Motel Settles Sex Trafficking Suit Days Before Trial
An Atlanta-area hotel facing claims that it let sex trafficking go unchecked on its property has reached a $6 million settlement with an alleged victim just days before trial, according to her attorney, and less than a week after another Georgia inn was hit with an eight-figure verdict over similar allegations.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Shannon Sharpe, Rape Accuser Settle $50M Suit
Pro Football Hall of Famer Shannon Sharpe and a woman who accused him of raping and threatening to choke her during a rocky relationship have agreed to settle her lawsuit, the woman's attorney announced Friday on social media, citing "protracted and respectful negotiations."
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July 18, 2025
DOJ Asks To Unseal Epstein Grand Jury Files Amid GOP Flak
The U.S. Department of Justice asked a New York federal judge on Friday to unseal grand jury testimony from the prosecution of disgraced financier Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans, including House Speaker Mike Johnson, asking for more transparency about the case.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
Oxford Shooting Victim's Estate Can Sue Cops, Court Finds
A Michigan appellate panel reopened a lawsuit from the father of a student killed in the Oxford High School shooting alleging state police failed to act on tips about the threat of an attack, finding a provision designed to extend filing deadlines for estates applies to claims against the state.
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July 18, 2025
Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car
A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.