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Personal Injury & Medical Malpractice
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September 23, 2025
Insurer Can Seek Reimbursement For $1M PIP Payments
A Michigan appellate panel on Monday affirmed a $1 million judgment for Farmers Insurance Exchange, finding it had the right to pursue reimbursement from another insurer after paying no-fault personal protection insurance benefits to an injured driver through a state-run claims program.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Sympathy Led To $45M Motorcycle Crash Verdict, Judge Hears
The speed at which a Connecticut state jury awarded $45 million to a Marine Corps reservist who was paralyzed in a motorcycle crash suggests that the verdict was unfairly tainted by sympathy for the plaintiff, a towing and recovery company told a Waterbury judge on Tuesday.
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
EPA Still Can't Escape Tort Claims Over Flint Water Crisis
A Michigan federal judge has again denied a U.S. Environmental Protection Agency request to dismiss Federal Tort Claims Act litigation seeking to hold the government liable for allegedly lax oversight of the water system in Flint, Michigan.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Sunbeam Settles Claims With Scalded Pressure Cooker User
A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 22, 2025
Uber Assault Accuser's PTSD Signs Pre-Date Ride, Jury Told
A woman claiming she suffers from post-traumatic stress disorder as a result of being sexually assaulted by her Uber driver when she was 18 has a history of childhood abuse and traumatic incidents, indicating she had PTSD before the 2016 ride, two psychiatrists told jurors Monday in a bellwether trial.
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September 22, 2025
Advocate Says Jones Day Has Conflict In Mel Tucker Case
A sexual assault prevention advocate suing Michigan State University's board of trustees over the handling of her sexual harassment complaint against former football coach Mel Tucker said Jones Day's representation of the board creates a conflict of interest.
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September 22, 2025
Colorado Jury Awards $205M In Girl's Theme Park Death
A jury in Colorado state court found a Colorado theme park liable for the death of a young girl, which occurred on one of its rides in 2021, and awarded her family $205 million in damages.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Family Sues For $100M In Child's Hyperbaric Chamber Death
The family of a 5-year-old boy who died in a hyperbaric chamber explosion in January sued the center that was treating the child and the manufacturer of the chamber for more than $100 million in damages Monday, alleging the Michigan clinic concealed the dangers of using the chamber.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Fla. Panel Reinstates Norfolk Southern Cancer Death Suit
A Florida state appeals panel has reinstated a woman's suit against Norfolk Southern Railway Co. alleging it was negligent in causing her husband to develop leukemia from exposure to diesel exhaust, finding that the trial court wrongly excluded her expert.
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September 22, 2025
Atlanta-Area Hotel Sued On Claims It Ignored Sex Trafficking
A woman has sued a property management company and the owner-operator of a Super 8 in College Park, Georgia, where she said employees were aware of but did nothing to prevent her from being sex trafficked as a minor.
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September 22, 2025
Meteorologist's Widow Gets $126M In Wrongful Death Deal
The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.
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September 22, 2025
Atty Gets Last Chance To Sue Ex After $30K Loan Judgment
A Florida employment lawyer suing his ex and her attorneys for bringing an allegedly vexatious lawsuit will have one more chance to file "simple, concise and direct" claims in a fourth amended complaint, a Connecticut federal judge ruled Monday while dismissing Wells Fargo and a mortgage consultant as defendants.
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September 20, 2025
Court Blocks Denver From Firing Exec In Retaliation Suit
For now, Denver can't fire one of its employees who claims the city is trying to retaliate against her for supporting a different mayoral candidate, a Colorado federal judge ruled this week.
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September 19, 2025
Uber Expert Testifies Most Sex-Incident Claims Aren't Assault
Uber's statistics expert Friday told jurors considering a California bellwether trial over sexual assault allegations against the ride-hailing giant that about 70% of the tens of thousands of sexual misconduct incidents that plaintiffs have claimed Uber doesn't report are allegations short of assault, like offensive comments, gestures, leering and staring.
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September 19, 2025
2nd Circ. Backs NY Ban On Guns In Times Square, Subways
The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.
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September 19, 2025
Glock Must Face Chicago Suit Over Easily Converted Pistols
The city of Chicago can move forward with its civil enforcement suit claiming Glock illegally helps consumers sidestep state and federal machine gun bans by selling pistols that easily convert to automatic fire, an Illinois state judge has ruled.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.