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Personal Injury & Medical Malpractice
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
Insurers Say Contractor's $7M Default Ruling Not Covered
Two Nationwide insurers said they have no obligation to cover a $7 million default judgment entered against a contractor in an underlying suit over a plumber's head injury, telling an Illinois federal court that the contractor failed to report the incident prior to the judgment being entered.
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November 06, 2025
Family Sues UF Hospital Over Toddler's Potassium Overdose
The family of a 2-year-old who died at Shands Hospital at the University of Florida filed a lawsuit Thursday claiming the hospital staff made a number of preventable medical errors, including over-administering potassium, which led to a fatal heart attack.
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November 06, 2025
Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case
A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.
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November 06, 2025
NC Panel Says Juror's Date Request Didn't Prejudice Case
An incident in which a juror asked a witness out on a date mere minutes after she left the stand didn't prejudice a woman who was later granted a new trial, a split North Carolina state appeals panel said as it vacated a lower court's decision.
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November 06, 2025
NC Judge Mulls Returning Mexico Death Suit To State Court
A North Carolina federal judge wants to know why he shouldn't boot a wrongful death case involving a Charlotte woman who was allegedly murdered on vacation in Mexico back down to state court after tossing the U.S. State Department and the Federal Bureau of Investigation from the suit.
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November 06, 2025
Towing Co. Appeals Motorcyclist's $45M Crash Verdict
A Connecticut towing company has challenged a judge's decision to leave intact a $45 million award to a Marine Corps reservist who was paralyzed in a motorcycle crash, elevating the case to the state's intermediate-level appeals court.
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November 05, 2025
Mich. Justices Hint At 2nd Chance For Female Inmates' Suit
The Michigan Supreme Court seemed sympathetic to female inmates of Detroit's county jail who want to refile a class action alleging pervasive harassment during strip searches, though a named plaintiff's death put a wrinkle in Wednesday's arguments.
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November 05, 2025
6th Circ. Scraps Objections To $600M Train Derailment Deal
The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts.
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November 05, 2025
9th Circ. Backs LA In Shop Destroyed In Police Raid
Los Angeles won't foot the bill for a retail store damaged by police who fired tear gas into the shop during a standoff with an armed fugitive, the Ninth Circuit ruled in a published opinion, saying "just compensation" isn't necessary because the assault was done to protect the public.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Ethiopian Air Crash Warrants Substantial Award, Jury Hears
The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.
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November 05, 2025
Everclear Maker Wants Plaintiff's Atty Gagged For Harassment
Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.
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November 05, 2025
Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.
A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.
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November 05, 2025
Appeals Court Won't Kick SpaceX Sex Bias Suit To Arbitration
A California appeals court backed a trial court's refusal to force arbitration of a former SpaceX employee's suit claiming her boss forced her into a sexual relationship in exchange for career advancement, finding her claims were protected by a law barring mandatory out-of-court resolution for sex misconduct cases.
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November 05, 2025
Home Depot Must Face False Arrest Suit, Fla. Panel Says
A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.
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November 05, 2025
Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit
A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
High Court Justices Mull Removal Issues In Baby Food Case
The U.S. Supreme Court on Tuesday grappled with whether a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was properly removed to federal court, as some justices voiced concerns about depriving plaintiffs of their choice of forum.
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November 04, 2025
4 Sue Mormon Church Over 'Known Pedophile' High Priest
Four men are suing the Church of Jesus Christ of Latter-Day Saints in the state of Washington, alleging the church reinstated a known pedophile to the position of high priest without warning members, allowing him to continue sexually abusing children as young as 5 years old.
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November 04, 2025
Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told
The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.
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November 04, 2025
2nd Circ. Won't Revive COVID Death Suits Against Cuomo
Former New York Gov. Andrew Cuomo and other state officials don't have to face claims blaming them for COVID-related deaths in nursing homes stemming from directives seeking to lessen the strain on hospitals, the Second Circuit ruled Tuesday, finding the defendants are entitled to qualified immunity amid a public health crisis.
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November 04, 2025
Dad Expands Wrongful Death Claims In Ketamine Overdose Suit
A father who claims his 27-year-old son died of a ketamine overdose due to the negligent practices of online therapy provider Mindbloom has added Illinois-based specialty pharmacy chain Optio Rx LLC as a defendant in his North Carolina state lawsuit, claiming it is liable for compounding, manufacturing and shipping the dangerously "unpredictable drug."
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Conn. Ruling May Help Prevent Abuse Of Anti-SLAPP Statute
If the decision in Aguilar v. Eick, where the Connecticut Appellate Court held that the state's anti-SLAPP statute does not authorize the court to conduct an evidentiary hearing, is reconsidered by the state Supreme Court, it could provide an important mechanism for defendants to prevent plaintiffs from pleading around the reach of the statute, say attorneys at McCarter & English.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.