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Personal Injury & Medical Malpractice
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July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain
Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
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July 01, 2025
Top Personal Injury, Med Mal News: 2025 Midyear Report
A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.
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July 01, 2025
WWE Accuser's Firm Beats Default Motion In Defamation Case
The law firm representing a former World Wrestling Entertainment staffer on sex trafficking and abuse claims has avoided loss by default in a separate but related Connecticut federal lawsuit that alleges the firm and one of its attorneys defamed a celebrity doctor.
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July 01, 2025
Sikorsky Inks Settlement In Canadian Military Chopper Deaths
Sikorky Aircraft Corp. has reached a confidential settlement to resolve claims from the families and estates of six Canadian air force members who died in a 2020 crash off the coast of Greece.
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July 01, 2025
Nationwide Launches Coverage Bid For Fatal Crash Suit
Nationwide Agribusiness Insurance Co. wants an Ohio federal court to order that a Connecticut-based insurer and a transportation company must cover wrongful death claims stemming from a tractor-trailer crash that ultimately killed a pregnant mother's unborn baby.
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June 30, 2025
UMG Says Drake Insults Are Just Trash Talk, Not Defamation
Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Supreme Court Passes On FSIA Terrorism Exception Dispute
The U.S. Supreme Court refused Monday to revive litigation filed by victims of nonlethal terrorist attacks seeking to hold Iran and Syria accountable as alleged state sponsors of terrorism, nixing a petition that sought clarity on the Foreign Sovereign Immunities Act's terrorism exception.
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June 30, 2025
NutriBullet Dodges Suit Over Exploding Blender Injury
A New Jersey federal judge on Monday threw out a woman's suit alleging her NutriBullet blender was defective, resulting in it exploding and cutting her, finding her expert's opinion unreliable and irrelevant to the facts in the case.
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June 30, 2025
Texas Justices Scrap New-Trial Order For 3 SpaceX Contractors
Comments to a jury alleging attorneys planned a "shakedown" do not warrant a new trial for three men awarded less in damages than they hoped after their truck was hit in a crash caused by a commuting SpaceX engineer, the Texas Supreme Court said Friday, saying the men's counsel did not seek redress at the time.
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June 30, 2025
Rite Aid Cleared To Sell Thrifty Ice Cream For $19.2M In Ch. 11
National pharmacy chain Rite Aid can sell its ice cream brand Thrifty for $19.2 million, more than doubling the opening price of a Chapter 11 auction, after a New Jersey bankruptcy judge on Monday rejected a losing bidder's request to reopen the auction.
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June 30, 2025
Pa. Judges Reduce $4.65M Bus Death Verdict To $500K
A panel of the Pennsylvania Commonwealth Court on Monday reduced a $4.65 million verdict in favor of the family of a woman killed when she was hit by a Southeastern Pennsylvania Transportation Authority bus down to $500,000, saying the verdict is subject to a statutory limit in the state's sovereign immunity law.
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June 30, 2025
Fla. Law Firm Accused Of Holding Deal Funds 'Hostage'
Florida personal injury firm Brotman Nusbaum Ibrahim PLLC has been hit with a state court malpractice suit claiming it held a client's settlement funds "hostage" and then duped his daughter into signing a release to try to block him from suing a surgeon over an allegedly botched surgery.
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June 30, 2025
Data Brokers Can't Escape NJ Judicial Privacy Law Actions
Data security company Atlas Data Privacy Corp. has won the go-ahead to proceed with dozens of lawsuits based on the judicial privacy measure Daniel's Law against a group of data brokers in New Jersey federal court.
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June 30, 2025
Teen's Family Can't Stay Anonymous In Grindr Death Suit
A Florida federal judge won't let the family of a 16-year-old who was allegedly killed after matching with a 35-year-old man on Grindr proceed anonymously in their suit against the company, saying they haven't shown that their privacy concerns outweigh the public interest in disclosure.
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June 30, 2025
Justices Seek SG's View In $1.2M Roundup Verdict
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 27, 2025
Logging Co. Cleared In $73M Trial Over Firefighter's Death
A jury cleared R&T Logging of Oregon Inc. of liability Friday in a $73 million trial over the death of a firefighter and EMT in an accident in which an employee of the logging company's trucking partner was driving drunk.
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June 27, 2025
Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths
Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.
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June 27, 2025
Meta, TikTok Can't Escape 'Subway Surfing' Death Suit
TikTok and Meta Platforms can trim, but not escape, a lawsuit over the death of a teen who allegedly participated in a "subway surfing" social media challenge, a Manhattan judge ruled Friday, saying the complaint plausibly pleads the algorithms inundated the teen with dangerous "challenge" content he never sought.
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June 27, 2025
Crypto Co. CEO Sued Over Alleged Sex Assault, Retaliation
The CEO of blockchain platform Mask Network has been hit with a suit in New Jersey federal court from a former employee at his affiliated payroll company alleging he sexually assaulted her during a work trip, fired her after she raised concerns about millions in unreported cryptocurrency transactions, and withdrew sponsorship of her U.S. green card.
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June 27, 2025
Gunmaker, Ammo Co. Sued In Ga. Over Exploding Cartridge
A Georgia man is suing gunmaker Chiappa Firearms USA Ltd and ammunition supplier Olin Winchester LLC over permanent eye damage he sustained when a bullet unexpectedly exploded in a pistol he was target firing, according to a lawsuit recently removed to federal court.
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June 27, 2025
Sam's Club Lifting Work Caused Miscarriage, Ex-Worker Says
Sam's Club has been sued in Georgia federal court by a former employee who is alleging she suffered a miscarriage after the retailer failed to accommodate work restrictions related to her attempt to become pregnant through in vitro fertilization by making her do heavy lifting work.
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June 27, 2025
Insurer Says No Coverage For Music Festival Shooting Suits
An event company's general liability insurer told a Washington federal court that it should owe no coverage to the company and others, including Live Nation, in two underlying lawsuits seeking damages for a fatal shooting at an electronic dance music festival.
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June 27, 2025
Tesla To Face Punitive Damages Claim At Trial Over Fla. Crash
Tesla will face a punitive damages claim at trial next month in a wrongful death suit over a deadly collision in 2019, with a Florida federal judge saying there is enough evidence the carmaker knew about dangers associated with its autopilot system to send the claim to a jury.
Expert Analysis
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.