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Personal Injury & Medical Malpractice
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September 08, 2025
Attys Debate 'Misuse' Or 'Defect' In Ga. Mattress Injury Trial
A truck driver and his wife, who sued a mattress maker and bedding components supplier over injuries she allegedly received after her skin was punctured by a mattress in a tractor-trailer's sleeping cabin, told an Atlanta jury that the mattress was defective, while the companies blamed mattress "misuse."
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Penn. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Caltrans Escapes $3.8M Verdict Over Bicyclist's Injuries
The California Department of Transportation successfully overturned a $3.8 million jury verdict in a case involving a bicycle accident on a bridge in Santa Barbara that caused a man's severe injuries, as an appeals court ruled Monday that the trial court improperly excluded Caltrans' witnesses as a discovery sanction.
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September 08, 2025
Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes
The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.
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September 08, 2025
Firefighters Say PFAS Economic And Health Harms Are Real
Connecticut firefighters and unions hit back Friday at Honeywell, DuPont and other safety gear manufacturers trying to exit their federal proposed class action that alleges the companies sold gear with hazardous forever chemicals, saying they had alleged enough economic and health risks for their suit to proceed.
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September 08, 2025
NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud
North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.
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September 08, 2025
Texas Couple Fights Firm's Sanctions Bid In Crash Data Suit
A Houston couple who accused a law firm and a since-dismissed Progressive unit of conspiring to share car crash victims' private information told a Texas federal court that their suit is "neither frivolous, unreasonable, nor improper" as they pushed back against the law firm's sanctions request.
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September 08, 2025
Trump Loses 2nd Circ. Appeal Of $83M Carroll Verdict
A Second Circuit panel on Monday upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.
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September 05, 2025
Aramark Hospital Workers Ignored Dying Man, Suit Says
Global food service company Aramark was hit with a wrongful death lawsuit in Pennsylvania federal court that claims its cleaning and security staff largely ignored a man suffering from a medical emergency, leaving him unconscious for 15 hours in a facility it operated in China.
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September 05, 2025
Vein Tech Maker Wants Suit Over DOJ Kickback Probe Tossed
Vein disease device maker Inari Medical Inc. and its former top brass have asked a New York federal judge to toss a proposed investor class action over claims the company's share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws, arguing the suit fails to allege any specific kickbacks or false statements.
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September 05, 2025
Casper Can't Escape Innovator-Liability Drug Label Suit
A California federal judge won't let Casper Pharma LLC escape an innovator-liability suit alleging that its failure to provide adequate warnings on its gout treatment led to the death of a man who used its generic version.
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September 05, 2025
Integra Wound Dressing Disfigured Woman's Foot, Suit Says
Integra Lifesciences Corp. is facing a lawsuit in North Carolina federal court alleging the medical device and technology company's recalled wound dressing was defective and ultimately caused a kidney infection in a woman that required multiple surgeries.
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September 05, 2025
NY AG Settles Lead Paint Suit With Buffalo Landlord
New York's attorney general, Erie County and the city of Buffalo have reached a proposed settlement with a Buffalo landlord and other parties who were accused of failing to deal with hazardous lead paint in multiple rental properties, according to a proposed consent order and judgment filed Friday.
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September 05, 2025
Mass. Justices Mull Privacy Issues In Era Of Online Records
Massachusetts' highest court heard arguments Friday in a pair of cases asking the justices to balance the public's right to access court documents against the privacy interests of potential medical malpractice victims and people charged with but later cleared of crimes.
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September 05, 2025
Jury Awards $15M In Topgolf Trial Over Oregon Child's Injury
A child who was struck in the face and seriously injured by a golf club at a Topgolf facility in 2021 has been awarded more than $15 million by an Oregon federal jury, with the company and the child's family reaching a settlement on punitive damages on Friday.
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September 05, 2025
Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit
Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.
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September 05, 2025
Rochester Diocese's $246M Abuse Settlement Plan Approved
A New York bankruptcy judge on Friday approved the Roman Catholic Diocese of Rochester's $246 million Chapter 11 plan to the sound of applause as a six-year-old effort to craft a plan to pay sexual abuse claimants rolled to a conclusion.
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September 04, 2025
NJ Transit Urges Justices To Affirm Its Sovereign Immunity
New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
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September 04, 2025
Ill. Court Says Employer Immunity Bars Shovel Attack Suit
An Illinois appellate court has upheld the dismissal of a suit seeking to hold an employer liable for injuries suffered by a worker whose coworker repeatedly hit him on the head with a shovel, saying the claims are barred by the state's workers' compensation statute.
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September 04, 2025
Ga. Panel Weighs Tolling Issue In Archdiocese Abuse Cases
An attorney urged the Georgia Court of Appeals on Thursday to overturn a trial court order freeing the Archdiocese of Atlanta, the city's current and former archbishops and a number of parish churches from a set of consolidated cases related to sexual abuse that allegedly took place from the 1960s through the 1980s.
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September 04, 2025
4th Circ. Affirms Gardasil's Vaccine Table Inclusion
A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.
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September 04, 2025
Court Revives Hertz's Claims Against AAA Over Untowed Car
A Florida appeals court on Wednesday revived Hertz's third-party claims against the American Automobile Association over a rental car left untowed on a Miami causeway, ruling that a previous decision barring an injured driver's negligence suit does not eclipse Hertz's contract claims.
Expert Analysis
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Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire
In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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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.