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Personal Injury & Medical Malpractice
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July 15, 2025
Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.
Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.
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July 15, 2025
Abbott Brass Ignoring Call For Formula Plant Probe, Suit Says
An Abbot shareholder has launched a derivative lawsuit in Illiniois state court accusing the company's leaders of improperly sitting on her demand to investigate a baby formula shortage caused by safety and regulatory violations that she said executives and officers hid from the public.
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July 15, 2025
Internet Provider Can't Duck Conn. Atty's ID Theft Probe
Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.
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July 15, 2025
Sex Trafficking Survivor Wins $40M Verdict From Ga. Motel
A Georgia federal jury has ordered an Atlanta-area motel to pay $40 million in damages to a woman who said she was sexually trafficked on its premises while she was a teenager, in what's believed to be a first of its kind verdict in the state.
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July 15, 2025
Tesla Engineer Says Company Kept Scant Safety Data
Tesla did not document safety statistics of its autopilot system in the early years of its implementation, according to testimony from a Tesla engineer that jurors in Miami heard Tuesday in a trial over a fatal Florida Keys crash.
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July 15, 2025
11th Circ. Backs $50K Verdict In Ex-Koch Nurse's Assault Suit
The Eleventh Circuit on Tuesday let stand a $50,000 verdict in favor of a former Koch Foods nurse against two human resource managers at a food plant whom she accused of assault and battery, saying jurors reached a viable conclusion.
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July 15, 2025
Monsanto Beats Roundup Suit After Expert Report Failure
Monsanto Co. has defeated a Knoxville, Tennessee, resident's $5 million lawsuit that claimed his 30-year exposure to the herbicide Roundup caused him to develop cancer, after a federal judge ended the litigation due to the man's failure to provide an expert witness supporting his claim.
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July 15, 2025
11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'
The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.
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July 15, 2025
Feds Ask Supreme Court To Deny Ghislaine Maxwell's Appeal
Federal prosecutors urged the U.S. Supreme Court on Monday to deny Ghislaine Maxwell's appeal of her 2022 sex trafficking conviction, arguing that a nonprosecution agreement struck in Florida with the late multimillionaire sex offender Jeffrey Epstein didn't apply to her or bind New York prosecutors.
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July 15, 2025
Ohio Justices Asked If Product Liability Law Covers Uber, Lyft
An Ohio federal judge has asked the state's Supreme Court to weigh in on whether the Ohio Product Liability Act annuls claims against Uber Technologies Inc. and Lyft Inc. over a car accident involving their apps even though those apps don't fit the definition of a "product."
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July 15, 2025
Atty Suspended In Fla. After Conviction In Fatal Texas Crash
The Florida Supreme Court has suspended a Texas-based attorney who was also admitted to practice in the Sunshine State after he struck and killed two people while driving to a city council meeting in November 2021.
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July 15, 2025
3rd Circ. Says Risk Of Harm Justifies Disarming Pot User
The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.
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July 14, 2025
Top Data Privacy & AI Developments Of 2025: Midyear Report
The rise and rapid fall of a federal proposal to ban states from regulating artificial intelligence for a decade and an uptick in activity from data privacy enforcers in states across the country dominated headlines in the first half of 2025, and attorneys are expecting these areas to continue to grab attention in the coming months.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Fans Settle With NFL's Commanders In Railing Collapse Suit
NFL fans suing the Washington Commanders for negligence over injuries they sustained from a collapsing stadium rail have reached a settlement with the team following a Fourth Circuit ruling that could have landed the plaintiffs in arbitration.
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July 14, 2025
Girardi Keese CFO Gets 5 Concurrent Years For Aiding Theft
Girardi Keese's former accounting head should serve more than five years alongside the 10 he's already logging for his role in helping Tom Girardi steal millions from plane crash clients who'd settled their cases in Chicago, an Illinois federal judge said Monday.
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July 14, 2025
Assault Exclusion Bars Drywall Co.'s Murder Coverage Bid
A drywall company's insurer has no duty to cover the business in a pending wrongful death lawsuit over a woman's murder, a Texas federal court ruled Monday, saying that both "common sense" and a "plethora of caselaw" support its finding that an assault and battery exclusion applies.
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July 14, 2025
Victim's Family Says Tesla 'Set Stage' For Fatal Fla. Crash
The family of a woman killed in a Florida Keys crash told jurors Monday that Tesla Inc. "set the stage" for a reckless driver to plow into the woman's vehicle by overhyping its autopilot software's capabilities despite knowing of vulnerabilities in the program.
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July 14, 2025
Law Student Burned At Mass. Frat Party Sues Everclear Maker
A Boston University exchange student who suffered third degree burns after 190-proof Everclear was poured near open fire at a fraternity party that created an explosive fireball sued the product's manufacturer in Massachusetts federal court Sunday, arguing it dangerously markets the product for wide range of uses near flammable sources.
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July 14, 2025
Airbnb Wants Out Of Pittsburgh House Party Shooting Suit
Airbnb said it has resolved all but one of a group of lawsuits brought against it after a 2022 mass shooting at a party at a Pittsburgh house rented through the app, and has renewed its objections to the last remaining claims from the family of a shooting victim.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 14, 2025
11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity
A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
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July 14, 2025
Insurer Needn't Defend Texas Ranch In Horse Abuse Suit
An insurer has no duty to defend an equestrian facility against claims that its negligence contributed to the injury, neglect, and even death, of horses that were kept on its property, a Texas federal court ruled, reserving any ruling on the insurer's duty to indemnify for a later date.
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July 11, 2025
VA Watchdog Says Burn Pit Claims Denials Still Had Errors
The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.
Expert Analysis
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.