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Personal Injury & Medical Malpractice
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August 05, 2025
Charlotte Bar Shares Blame For Fatal Shooting, NC Panel Told
The estate of a shooting victim has doubled down on its efforts in a North Carolina appellate court to revive wrongful death claims against a bar accused of overserving the shooter, arguing the lower court ruled on foreseeability too early in the case.
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August 05, 2025
Tesla Hit With Suit Over Autonomous Vehicle Issues
A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.
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August 05, 2025
Alaska Airlines Can't Nix Flight Attendant's Surgery Win
A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.
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August 04, 2025
NBC Defeats Nunes Defamation Suit Over Maddow Show
A New York federal judge has ended former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent.
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August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees
The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
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August 04, 2025
Rite Aid Seeks $90M Clawback From McKesson
Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.
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August 04, 2025
Ill. Jury Awards $17M Over Infant's Fatal Delivery Injuries
An Illinois jury has awarded $17.1 million in damages to the family of an infant who died nine months after his birth because of catastrophic injuries he suffered during delivery, finding the obstetrician and the women's health clinic where he operates liable for his death.
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August 04, 2025
Imperial Tobacco Seeks US Approval Of CA$32B Restructuring
Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.
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August 04, 2025
Atlanta Super 8 Operator Accused Of Ignoring Sex Trafficking
The owner and operator of an Atlanta-area Super 8 hotel was sued in Georgia federal court by a woman who alleged the hotel knew she was sex trafficked there as a minor but did nothing to prevent it, thereby allowing the hotel to profit off the alleged criminal activity.
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August 04, 2025
NYU Must Pay Fired Doc $4M In Disability Bias Suit, Jury Says
An ex-New York University doctor nabbed a $4 million trial win in his disability bias case claiming he was fired after his employer denied his request to work from home so he could recover from a COVID-19 infection that left him in a coma for nearly two months.
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August 04, 2025
PR Giants Look To End World Cup Labor Abuse Coverup Suit
Powerful public relations agencies are taking aim at a lawsuit accusing them of whitewashing the Qatari government's alleged human rights abuses ahead of the 2022 men's World Cup, telling a New York federal court that they are not liable under global human trafficking laws.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Judge Sends Asbestos Coverage Row Back To State Court
A Michigan federal judge on Monday remanded to state court a dispute over the allocation of commercial general liability coverage for nationwide asbestos injury suits, reasoning from the bench that defendants who are served after a case is removed to federal court should have the right to challenge that forum change.
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August 04, 2025
Pa. School District Released From Suit Over Fatal Child Abuse
A Philadelphia-area school district and two officials have been released from a complaint alleging that they, along with others, were liable for the death of a 12-year-old girl who was fatally abused by her father and stepmother.
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August 04, 2025
Boeing Settles Defunct African Airline's 737 Max Fraud Suit
Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
Airbnb Guests Claim They Were Recorded, Nudes Shared
Airbnb knew that two Palm Springs, California, hosts were secretly video recording female guests but did not delist the rental home, according to lawsuits filed by several women who stayed at the property and claim nude footage of them was passed around.
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August 01, 2025
9th Circ. Partially Revives Child Porn Victims' Suit Against X
The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.
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August 01, 2025
3 Injured In Assisted-Living Facility Fire Sue Owner, Alarm Co.
Three injured survivors of a deadly fire at a Fall River, Massachusetts, assisted-living facility last month have sued the owner and a fire alarm company, alleging that the owner ignored multiple safety issues and let the place become "a death trap."
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August 01, 2025
Deal Near In Sex Abuse Litigation Coverage Fight, Court Told
Counsel for a neurosurgery institute told a Pennsylvania federal court Friday it plans to confirm a final agreement with the institute's insurers in a coverage dispute over underlying litigation alleging former patients were assaulted by a now-deceased neurologist, as settlements are pending with each underlying plaintiff.
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August 01, 2025
Conn. Firm Seeks Pause Amid Firm Breakup Arbitration
In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.
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August 01, 2025
Boeing Sued By Alaska Air Crew Over Door Plug Blowout
Four Alaska Airlines flight attendants aboard the 737 Max 9 jet that experienced a midair door plug blowout have sued jet-maker Boeing in Washington state court alleging the harrowing January 2024 incident left them with physical and mental injuries, including severe emotional distress.
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August 01, 2025
OptumRx Moves To DQ Motley Rice In Utah Opioid Case
Pharmacy benefit manager OptumRx has moved to disqualify Motley Rice LLC from representing the state of Utah in an opioid crisis lawsuit, claiming the firm clearly violated ethical rules by investigating OptumRx on behalf of government entities, then suing OptumRx in a private capacity.
Expert Analysis
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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.
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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.