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Personal Injury & Medical Malpractice
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July 23, 2025
Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says
A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.
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July 22, 2025
Shia LaBeouf Settles FKA Twigs' Sexual Battery, Assault Suit
Shia LaBeouf has reached a settlement with FKA twigs to resolve the English singer's claims that the actor beat and berated her and used his reputation as an eccentric artist to continue a "pattern and practice" of abusing women.
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July 22, 2025
9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit
Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.
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July 22, 2025
Justices Urged To Hear Ill. Freight Broker Negligence Fight
A man who was injured in an Illinois trucking accident urged the U.S. Supreme Court on Tuesday to address conflicting court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims, saying broker and logistics giant C.H. Robinson cannot evade liability.
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July 22, 2025
JetBlue Sued Over Scalding Coffee Incident On Flight
A Team USA judo instructor suffered permanent eye injuries when a JetBlue employee spilled coffee on him while trying to serve another passenger, according to a New York federal lawsuit that seeks to hold the airline liable.
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July 22, 2025
States, Asbestos Claimants Seek Claim Purge Block In Del.
An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.
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July 22, 2025
DC Circ. Won't Revive Cocoa Farm Child Slave Labor Suit
The D.C. Circuit on Tuesday declined to revive a proposed class suit by former child laborers against Hershey, Nestlé and five other companies alleging they were forced into child labor to pick cocoa later used by the companies, saying the plaintiffs failed to link the companies to the specific farms they worked on.
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July 22, 2025
No Early Release For Former Teen Shooter, 9th Circ. Affirms
A Ninth Circuit panel declined to grant an early release to a man serving 70 years in prison for a gang-related shooting he committed at age 16, finding that neither the length of his sentence nor his youth at the time of conviction amounted to the type of "extraordinary" circumstances allowing him compassionate relief.
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July 22, 2025
Liberty Mutual Deems $1.58M Crash Suit 'Factually Flawed'
A Connecticut woman's lawsuit alleging Liberty Mutual is on the hook for the $1.58 million she won in a car crash case must be dismissed over numerous pleading deficiencies, the insurer has said in a court filing, arguing that "each of these five causes of action are fundamentally and factually flawed."
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
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July 22, 2025
Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules
A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.
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July 22, 2025
Netflix Fired Atty For Reporting On 2 Senior Execs, Suit Says
Netflix's ousted labor relations counsel filed a retaliation suit in California state court on Monday alleging she was fired after speaking up about sexual harassment and racial bias by two senior executives, and that she was passed over for job opportunities in favor of white colleagues.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
YouTube, TikTok Poised To Beat 'Choking Challenge' Suit
A California federal magistrate judge appeared inclined Tuesday to toss a proposed class action alleging YouTube's and TikTok's reporting features are defectively designed to overlook deadly "choking challenge" videos and similar dangerous content, noting that content moderation tools are typically shielded by Section 230, even if those tools "get it wrong."
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July 22, 2025
Pa. Gas Cos. Sued Over Heater Explosion That Killed 6
Natural gas from a leaking pipeline allegedly filled the basement of a suburban Pittsburgh home, fueling an explosion that leveled three houses and killed six people in 2023, according to lawsuits filed Tuesday by the families of three victims.
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July 22, 2025
1st Circ. Nixes $15.5M Haitian Torture Judgment, Narrows Law
The First Circuit has tossed a $15.5 million judgment awarded to the victims and survivors of political violence allegedly orchestrated by a former Haitian mayor, and narrowed the legal options for foreign nationals seeking damages for acts that occurred outside the United States.
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July 22, 2025
Ch. 11 Judge Escapes Energy Drink Co. Founder's Bias Suit
A Florida bankruptcy judge was freed Tuesday from a suit alleging he was biased while presiding over the Chapter 11 case of the company behind Bang energy drinks.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
8th Circ. Axes Witness Tampering Verdict In Kidnapping Case
The Eighth Circuit upheld the kidnapping conviction of a man who held a woman at gunpoint and forced her to drive across state lines, but it vacated his attempted witness tampering conviction, holding that there wasn't enough evidence.
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July 22, 2025
Boeing Says Calif. Ties Not Related To 737 Max Midair Blowout
The Boeing Co. is asking a California federal court to throw out claims against it stemming from the midair blowout of a door plug on one of its 737 Max 9 jets, saying the plaintiffs have failed to show that the incident had anything to do with the company's ties to California.
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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.
Expert Analysis
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.