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Personal Injury & Medical Malpractice
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October 30, 2025
Delbarton Seeks New Trial After $5M Clergy Abuse Verdict
The Order of St. Benedict of New Jersey, which runs the elite Catholic college-prep Delbarton School, is seeking a new trial or reduced damages after a New Jersey state court jury awarded $5 million in damages Oct. 18 to a former student in a clergy abuse case involving a priest who was a teacher.
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October 30, 2025
Ga. Judge Should DQ Self From Med Mal Case, Couple Say
A Florida couple have moved to disqualify a Georgia federal judge from presiding over their medical malpractice case, citing alleged conflicts of interest involving the judge's family members and their connections to Southeast Georgia Health System Inc.
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October 30, 2025
Senator Presses Md. Biz For Info On East Wing Demolition
U.S. Sen. Ed Markey, D-Mass., asked a Maryland business tapped to demolish the White House's East Wing to explain what steps were taken to protect workers and the public from hazardous building materials such as asbestos and lead paint.
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October 30, 2025
Westfield Insurance Co. Hit With UIM Class Claims In Philly
Ohio-based insurer Westfield Insurance Co. has been hit with putative class claims alleging it unfairly denies its customers underinsured motorist benefits.
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October 30, 2025
Mich. Top Court Upholds Gilead Immunity In COVID Drug Case
The Michigan Supreme Court on Wednesday said it won't consider an appeal from a man who was injected with a COVID-19 treatment made by Gilead Sciences Inc. that was later recalled for containing glass shards, a few months after a lower appellate court found the company immune because of a federal health emergency law.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.
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October 30, 2025
Judge Unpauses 'Important' Suit Over Vax Guidelines
A Massachusetts federal judge agreed Thursday to lift a government shutdown-related stay of litigation challenging new COVID-19 vaccine recommendations for children and pregnant women, calling the case a "matter of national importance" that warrants keeping the case moving over the U.S. Department of Justice's objection.
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October 30, 2025
Asbestos Corp. Gets Ch. 15 Nod Over Claimants' Concerns
A New York bankruptcy judge granted Chapter 15 recognition for Asbestos Corp. Ltd.'s Canadian restructuring over the objection of personal injury claimants and a Chapter 7 trustee, finding that the corporation's business activity in Canada outweighs its management of litigation in the U.S.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Pharmacies Say $1.5B Damages Too Much In Fla. Opioid Suit
CVS, Walgreens and Walmart on Wednesday grilled an economics expert witness over his opinion that they owe as much as $1.5 billion to a group of Florida hospitals that treated opioid-harmed patients, with defense counsel suggesting damages shouldn't be based on the full sticker price of the medical care.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
3 Pharmaceutical Firms Will Pay $4M To Tribes In Opioid MDL
Indivior, Sun Pharmaceuticals and Zydus Pharmaceuticals have inked deals to compensate tribes for their role in the opioid crisis, according to stipulated dismissals entered on Wednesday in Ohio federal court.
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October 29, 2025
Split Ga. Appeals Court Upends $13.7M Med Mal Fee Award
In a split decision, a Georgia appellate court panel on Wednesday tossed a $13.7 million attorney fee award in a medical malpractice case after finding that a trial court improperly considered postjudgment legal work in approving that amount.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Sens. Introduce Bill To Block AI Chatbots From Minors
A bipartisan group of senators has introduced a bill that would regulate the use of artificial intelligence chatbots and companions by minors, levying fines of up to $100,000 against companies that violate the bill's terms.
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach of contract, a Minnesota federal court ruled.
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October 29, 2025
Fla. Court Reverses $213M Judgment In 'Maya' Case
A Florida appeals court on Wednesday reversed a $213 million judgment for Maya Kowalski, the subject of a Netflix documentary, after finding the trial court erred in too narrowly construing the immunity Florida law grants to those who report suspicions of child abuse.
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October 28, 2025
Social Media Apps Say Section 230 Halts Mental Health Claims
Attorneys for Meta Platforms, YouTube, Snap and TikTok on Tuesday urged a Los Angeles judge to toss claims against them from an upcoming bellwether trial over the platforms' alleged harm to youth mental health, arguing that Section 230 of the Communications Decency Act should prevent many of the claims from reaching a jury.
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October 28, 2025
Judge Mulling Hiscox's Arbitration Bid In Legionnaires' Row
A Michigan federal judge said he needs to see a contract between two insurers before deciding whether to send a dispute stemming from denied reinsurance coverage for a Legionnaires' disease outbreak to arbitration in Bermuda.
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October 28, 2025
NC Justice Blasts Attacks On Counsel In Plane Crash Case
A visibly vexed chief justice of the North Carolina Supreme Court on Tuesday impugned a Philadelphia lawyer for seemingly making unsupported personal attacks against opposing counsel, including allegedly falsely accusing the opposing counsel of being in cahoots with a trade group that filed an amicus brief.
Expert Analysis
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.