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Personal Injury & Medical Malpractice
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Parents Say Texas Camp Put Profits Over Their Girls' Lives
The families of six children and two teenage counselors killed in flooding this summer at Camp Mystic in Texas' Hill Country on Monday accused the camp of putting "profit over safety" by ignoring warnings about the risky location of cabins and failing to evacuate campers as a storm blew in.
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November 10, 2025
Trump Asks Justices To Overturn E. Jean Carroll's $5M Verdict
President Donald Trump Monday urged the U.S. Supreme Court to overturn writer E. Jean Carroll's $5 million sexual assault civil verdict win against him, saying the verdict resulted from "striking departures" from federal evidence rules that will repeat in other future cases unless the high court corrects them.
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November 10, 2025
No Excuse For No Doctor's Note In Med Mal Suit, NJ Court Says
A New Jersey appeals court on Monday affirmed the dismissal of a medical malpractice suit against a hospital and two doctors, saying there were no extraordinary circumstances to warrant allowing the suit to proceed without the mandatory affidavit of merit from a doctor supporting the claims.
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November 10, 2025
$22M Helicopter Crash Verdict Balloons With Interest On $12M
A Montana federal judge has tacked on pre- and postjudgment interest to most of a $22 million verdict against aircraft manufacturer Kaman Aerospace Corp. in a lawsuit over a defectively made helicopter that crashed five years ago, killing a veteran pilot who was fighting a wildfire.
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November 10, 2025
Best Buy Says CGL Policy, Not Auto, Covers Crash Settlement
Best Buy accused three AXA XL units of failing to properly cover its "multi-million-dollar" settlement of negligence claims over a fatal automobile collision involving an independent subcontractor, telling a Minnesota federal court its insurers have restricted coverage to an inapplicable auto policy with a $6 million deductible.
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November 10, 2025
'Legal Fiction' May Doom Rastafarian's Haircut Suit
The U.S. Supreme Court appeared to doubt Monday that a Rastafarian could hold Louisiana prison guards personally responsible for allegedly violating his religious rights when they forcibly shaved off his dreadlocks, with the justices splitting ideologically over whether a federal law gave the guards enough warning about their potential liability.
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November 10, 2025
Ohio Panel Reinstates Yamaha Carbon Monoxide Death Suit
An Ohio appeals court has reinstated claims against Yamaha Motor Co. Ltd. stemming from the death of a college athlete who drowned after riding on a Yamaha boat, finding there are factual disputes about whether the boat was defectively designed and whether the manufacturer adequately warned of carbon monoxide exposure.
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November 10, 2025
Boy Scouts Trustee Pushes Back On $31.2M Claim
The trustee overseeing the distribution of funds to sex assault victims in the Boy Scouts of America bankruptcy is opposing negotiations with a man who holds what could be a $31.2 million claim — possibly the biggest single claim so far — saying that procedures require him to take his claim to court instead.
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November 10, 2025
11th Circ. Revives Suit Over Deadly Navy Base Shooting
The Eleventh Circuit on Monday revived a lawsuit against Saudi Arabia alleging its responsibility for a deadly shooting attack at a Florida Navy base, saying the country must face claims over gross negligent hiring practices.
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November 10, 2025
Gov't Can Support Anti-Abortion Group In NJ Subpoena Fight
The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.
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November 10, 2025
Mich. Justices To Hear If Signed Form Shields Hospital
The Michigan Supreme Court has agreed to hear arguments on whether a patient's signed consent form alone is enough to defeat a medical malpractice suit claiming a Michigan hospital was responsible for an independent contractor physician's alleged negligence.
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November 10, 2025
'Extraordinary' NC Atty Janet Ward Black Dies At 66
Prominent North Carolina personal injury attorney Janet Ward Black, who founded the Greensboro firm Ward Black Law, has died at 66.
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November 10, 2025
BMW Sued Over Fire Risk In 145,000 Recalled Vehicles
BMW of North America sold more than 145,000 vehicles with defective electrical starters despite knowing that they can overheat and pose a fire hazard, according to a proposed class action in New Jersey federal court.
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November 10, 2025
Supreme Court Declines Lawyer's Bid For New Tax Fraud Trial
The U.S. Supreme Court won't hear a personal injury lawyer's appeal of his conviction over allegations he concealed more than $2.6 million in income from the Internal Revenue Service.
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November 07, 2025
4th Circ. Opioid Case Brings Public Nuisance Back To The Fore
The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.
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November 07, 2025
OpenAI Hit With Wave Of Suits Over 'Suicide Coach' ChatGPT
ChatGPT users and suicide victims' families hit OpenAI Inc. and its CEO Sam Altman with a wave of lawsuits in California state court Friday, alleging OpenAI knowingly released a dangerously designed sycophantic, psychologically manipulative, addictive version of ChatGPT that at times became a "suicide coach" to vulnerable users who killed themselves.
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November 07, 2025
Can States Prosecute ICE Agents? It Depends
Video showed a masked federal agent walking out of the gates of an Immigration and Customs Enforcement facility in Durango, Colorado. He stepped around a small line of protesters seated on the street and lumbered past a petite, gray-haired woman as she recorded him on her smartphone last month.
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November 07, 2025
Texas AG: Roblox Not Protecting Kids From 'Pixel Pedophiles'
Texas has sued Roblox Corp. in state court, accusing the multibillion-dollar company of deceiving parents about the safety of its popular online gaming platform and allowing children to wander in what the state called an "unregulated universe" shared with predators.
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November 07, 2025
Bojangles Not Covered In NC Sex Abuse Suit, Insurer Says
Fried chicken fast-food chain Bojangles and one of its largest franchisees are not entitled to defense coverage in an underlying civil suit alleging a restaurant manager sexually groomed and abused two minor employees in North Carolina, their insurance company said Friday.
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November 07, 2025
Fla. Hospital Blamed For Child Bone Marrow Transplant Death
The parents of a child who died following a bone marrow transplant have sued Nicklaus Children's Hospital for alleged negligence, saying in a Florida complaint that doctors performed an unnecessary, risky procedure without their consent.
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November 07, 2025
Katt Williams Scores Victory In Atlanta Assault Suit
A Georgia federal judge has freed Katt Williams from a suit brought by four women who alleged they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, ruling Friday that the claims are time-barred.
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November 07, 2025
Insurer Freed From Covering $3.4M Lost Evidence Settlement
A real estate company's insurer owes no coverage for a $3.4 million settlement resolving an employee's claim that it negligently failed to preserve video evidence of his fall into a sewer pit, an Illinois federal court ruled, rejecting the company's argument that the insurer prejudiced it while providing a defense.
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November 07, 2025
Wells Fargo Beats Booze Claims Over Employee's Crash
Wells Fargo cannot be held liable for a former employee's fatal car crash that killed a Georgia man over six years ago, the Eleventh Circuit said Friday, holding that the man's widow failed to produce any evidence that the driver got himself drunk at a company function just before the incident.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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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.