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Personal Injury & Medical Malpractice
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January 26, 2026
Chubb Policies May Provide Coverage In Kiwanis Abuse Fight
A Washington federal court has largely rejected efforts by child sex abuse survivors to broaden coverage for a $21 million settlement resolving claims against a Kiwanis International-affiliated boys foster home, but found that limited coverage may be available under a Chubb unit's policies.
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January 26, 2026
Musk's AI Co. Sued Over Explicit, Nonconsensual Deepfakes
A woman is suing Elon Musk's xAI in California federal court, alleging that it not only failed to implement safeguards against users making sexually explicit deepfakes of women without their permission but has also openly advertised and monetized it as a feature.
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January 26, 2026
Helmet Co. Says AIG Unit Must Defend It From Defect Claims
Lexington Insurance Co. ignored a helmet designer's repeated requests for coverage in a lawsuit alleging that product defects caused a helmet to come off a motorcycle rider's head during a collision, the manufacturer told a California federal court.
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January 26, 2026
Texas Law Firm-Linked Plane Crashes In Maine With Fatalities
A private plane connected to Texas-based litigation firm Arnold & Itkin LLP overturned and caught fire Sunday night as it attempted to take off from a Maine airport, killing at least six people on board, according to authorities and public records.
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January 26, 2026
Kansas Refinery Pollutes, Violates EPA Decrees, Suit Says
A proposed class of Coffeyville, Kansas, residents on Monday sued the company behind an oil refinery and fertilizer facility, saying it has been in repeat violation of U.S. Environmental Protection Agency consent decrees as it continues to pollute the environment and, thus, drive up environmental damage and cancer rates.
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January 26, 2026
NJ Court Revives UAW's Casino Smoking Law Challenge
A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 23, 2026
DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.
A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary.
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January 23, 2026
Paraquat, J&J Talc Litigation Headline Philly's 2026 Mass Torts
Cases concerning illnesses stemming from the herbicide paraquat and talcum power are kicking off 2026 in Philadelphia's mass tort system, pitting corporate powerhouses like Chevron, Syngenta and Johnson & Johnson against the city's perceived plaintiff-friendly juries.
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January 23, 2026
Conn. High Court Snapshot: $13.2M Estate Tax Tops January
The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.
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January 23, 2026
Med Mal Verdict Must Be Offset By Other Deal, Panel Says
An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.
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January 23, 2026
Truckers Can't Lift Calif. Immigrant Driver's License Freeze
A federal judge rejected a local trucking group's bid to force California to lift its freeze on immigrant truck driver's licenses, saying the Golden State cannot run afoul of federal mandates in a way that would jeopardize highway funding or risk the state's licensing program getting decertified altogether.
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January 23, 2026
Cartiva Hid Toe Implant Safety Info, Pa. Woman's Suit Claims
Cartiva Inc. was sued Thursday in Pennsylvania federal court by a woman who claims that she was injured by a recalled defective toe implant device and that the company has concealed its safety data from regulators and medical providers.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
Munich Re Faces Lawsuit Over Reinsurance Dispute
A Connecticut municipal risk financing agency filed a declaratory action in federal court demanding coverage from Munich Reinsurance America Inc. for negligence litigation set for trial this year concerning the alleged sexual abuse of a former public school student.
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January 23, 2026
Ill. High Court Won't Grant Posthumous Innocence Certificate
The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.
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January 23, 2026
Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN
A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.
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January 23, 2026
Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'
The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.
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January 23, 2026
Ohio Panel Says No Expert Needed In Botched Surgery Suit
An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.
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January 23, 2026
Fla. Panel Says Court Properly Denied Acquittal In DUI Death
A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck.
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January 23, 2026
Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause
The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.
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January 23, 2026
Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says
A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision.
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January 23, 2026
Iowa Justices Won't Revive Nursing Home COVID Death Suit
The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.
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January 23, 2026
Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion
Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.
Expert Analysis
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Opinion
$40M Award Shows Hospitality Cos. Can't Ignore Trafficking
A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.