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Personal Injury & Medical Malpractice
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September 23, 2025
New Illinois Law Opens The Door To More Toxic Tort Litigation
A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.
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September 23, 2025
Mich. Panel Says Driver's Food Delivery Work Voids Coverage
A Progressive Insurance unit was entitled to rescind an auto policy it issued to a woman seeking coverage for an August 2021 accident since she falsely declared in her insurance application that she didn't work for a food delivery service, a Michigan state appeals court ruled.
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September 23, 2025
Feds, Military Officers Support Contractor In Vet Injury Suit
The U.S. government and senior military officers urged the U.S. Supreme Court to reject a veteran's attempt to revive state-based injury claims against a defense contractor, warning that doing so would disrupt military effectiveness and intrude into federal authority.
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September 23, 2025
1st Circ. Revives Fired Airport Worker's Retaliation Suit
A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.
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September 23, 2025
Insurer Can Seek Reimbursement For $1M PIP Payments
A Michigan appellate panel on Monday affirmed a $1 million judgment for Farmers Insurance Exchange, finding it had the right to pursue reimbursement from another insurer after paying no-fault personal protection insurance benefits to an injured driver through a state-run claims program.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Sympathy Led To $45M Motorcycle Crash Verdict, Judge Hears
The speed at which a Connecticut state jury awarded $45 million to a Marine Corps reservist who was paralyzed in a motorcycle crash suggests that the verdict was unfairly tainted by sympathy for the plaintiff, a towing and recovery company told a Waterbury judge on Tuesday.
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
EPA Still Can't Escape Tort Claims Over Flint Water Crisis
A Michigan federal judge has again denied a U.S. Environmental Protection Agency request to dismiss Federal Tort Claims Act litigation seeking to hold the government liable for allegedly lax oversight of the water system in Flint, Michigan.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Sunbeam Settles Claims With Scalded Pressure Cooker User
A woman who sued Sunbeam Products Inc. and its parent Newell Brands Inc. last week with allegations that she was scalded by a defective pressure cooker told the Georgia federal court on Tuesday that she'd settled her claims.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 22, 2025
Uber Assault Accuser's PTSD Signs Pre-Date Ride, Jury Told
A woman claiming she suffers from post-traumatic stress disorder as a result of being sexually assaulted by her Uber driver when she was 18 has a history of childhood abuse and traumatic incidents, indicating she had PTSD before the 2016 ride, two psychiatrists told jurors Monday in a bellwether trial.
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September 22, 2025
Advocate Says Jones Day Has Conflict In Mel Tucker Case
A sexual assault prevention advocate suing Michigan State University's board of trustees over the handling of her sexual harassment complaint against former football coach Mel Tucker said Jones Day's representation of the board creates a conflict of interest.
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September 22, 2025
Colorado Jury Awards $205M In Girl's Theme Park Death
A jury in Colorado state court found a Colorado theme park liable for the death of a young girl, which occurred on one of its rides in 2021, and awarded her family $205 million in damages.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Family Sues For $100M In Child's Hyperbaric Chamber Death
The family of a 5-year-old boy who died in a hyperbaric chamber explosion in January sued the center that was treating the child and the manufacturer of the chamber for more than $100 million in damages Monday, alleging the Michigan clinic concealed the dangers of using the chamber.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Fla. Panel Reinstates Norfolk Southern Cancer Death Suit
A Florida state appeals panel has reinstated a woman's suit against Norfolk Southern Railway Co. alleging it was negligent in causing her husband to develop leukemia from exposure to diesel exhaust, finding that the trial court wrongly excluded her expert.
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September 22, 2025
Atlanta-Area Hotel Sued On Claims It Ignored Sex Trafficking
A woman has sued a property management company and the owner-operator of a Super 8 in College Park, Georgia, where she said employees were aware of but did nothing to prevent her from being sex trafficked as a minor.
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September 22, 2025
NC Meteorologist's Widow Gets $126M In Wrongful Death Deal
The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.
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September 22, 2025
Atty Gets Last Chance To Sue Ex After $30K Loan Judgment
A Florida employment lawyer suing his ex and her attorneys for bringing an allegedly vexatious lawsuit will have one more chance to file "simple, concise and direct" claims in a fourth amended complaint, a Connecticut federal judge ruled Monday while dismissing Wells Fargo and a mortgage consultant as defendants.
Expert Analysis
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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.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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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.