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Personal Injury & Medical Malpractice
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
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September 26, 2025
Boeing Calls Polish Airlines' Motion In 737 Case Overbroad
Boeing is urging a Washington federal court to deny a motion from LOT Polish Airlines in LOT's contract suit over 737 Max planes it leased, saying LOT seeks to admit far more evidence than could be relevant or addressed in the time allotted for trial.
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September 26, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Sanjeev Gupta’s Liberty OneSteel sue its collapsed former lender Greensill Capital, television personality Janice Dickinson hit ITV with a personal injury claim after falling over while appearing on “I’m a Celeb …”, and energy investor Blasket bring fresh litigation against Spain amid a row over a $416 million arbitration award. Here, Law360 looks at these and other new claims in the U.K.
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
Carnival Says Housekeeper Must Arbitrate Lupus Claim
Carnival Corp. told a Florida federal judge that a woman suing the cruise company on claims she contracted lupus while working as a housekeeper aboard a ship must take her claims to arbitration in Panama, arguing she signed an agreement to arbitrate any disputes there.
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September 25, 2025
Walmart Settles With Illinois Man In Slip-And-Fall Case
A shopper who sued Walmart after slipping on a puddle of cooking oil has agreed to end his lawsuit against the retail giant after beating back a summary judgment bid and ahead of a coming trial in the Northern District of Illinois.
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September 25, 2025
Girardi's Son-In-Law Urges No Prison For Chicago Contempt
Tom Girardi's son-in-law has argued he should not receive prison time following his contempt plea over millions of dollars in settlement funds Girardi stole from several Lion Air crash clients, saying he fought for months to get the clients paid but recognizes he "could and should" have done more.
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September 25, 2025
Pa. Justices Say Child Arbitration Invalid Despite Parents' OK
The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.
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September 25, 2025
Hagens Berman Not Very Contrite About AI Errors, Judge Says
A California federal judge chided attorneys from Hagens Berman on Thursday over what he called a lack of contrition after submitting briefs that contained errors lifted from ChatGPT in a proposed class action against the online platform OnlyFans, saying the attorneys seemed more interested in excuses.
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September 25, 2025
NCAA, Ga. Colleges Win Trim Of Trans Athlete Eligibility Suit
A federal judge Thursday largely dismissed a lawsuit against the NCAA and several Georgia public universities challenging their eligibility rules for transgender athletes, ruling that the athletic association is not a state actor subject to civil rights claims while recent legislation mooted claims against the state schools.
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September 25, 2025
COVID-19 Orders Could Save Embryo Loss Case, Court Hears
Responding to last-minute arguments during a summary judgment hearing, a Connecticut Superior Court judge Thursday ordered attorneys to brief whether COVID-19 executive orders might save a Massachusetts woman's claims that her fertility doctors misplaced or destroyed her frozen embryos.
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
MiMedx, FDA Ordered To Rework Args In Wound Care Case
Biomedical company MiMedx Group Inc. and the U.S. Food and Drug Administration have been ordered to reframe their briefs in a suit in which the company seeks to overturn the agency's classification of a wound care treatment as a biological product.
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September 25, 2025
Pa. Justices Reject 'Key Witness' Test In Forum Swap
The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.
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September 25, 2025
Norfolk Southern Can't Escape Rockslide Derailment Suit
A Pennsylvania federal judge on Thursday denied Norfolk Southern Railway Co.'s bid to throw out a suit by a conductor and engineer over injuries they suffered when their train derailed, saying they've put forth enough evidence that a jury could conclude the railway should've been better prepared for a rockslide.
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September 25, 2025
Atty's 'Horrible' Mistake Rooted In Firm Biz, NJ Justices Hear
Former Sacks Weston attorney Scott Diamond's counsel urged the New Jersey Supreme Court on Thursday to refrain from disbarring him for fraudulently resolving cases behind his former firm's back, arguing during a hearing that his actions stemmed from a "bona fide" business dispute.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
US Olympic Org Beats Paralympian Abuse Coverage Dispute
A Colorado federal court tossed an insurer's suit seeking to escape coverage for an underlying sexual abuse case against the U.S. Olympic and Paralympic Committee, saying the organization has no state citizenship for purposes of diversity jurisdiction.
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September 24, 2025
Boies Schiller Partner Admits AI Errors In Scientology Case
A Boies Schiller Flexner LLP partner representing women who allege the Church of Scientology harassed them for reporting convicted actor Daniel Masterson's sexual assaults has asked a California appeals court to strike a brief containing artificial intelligence-generated citation errors, saying he "very much regrets" the errors, but they shouldn't impact his clients' case.
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September 24, 2025
Ex-Lyft Lobbyist Testifies For Uber In Sex Assault Trial
California has established model safety standards for the ride-hailing industry and Uber has exceeded those standards, a former lobbyist for Lyft told jurors Wednesday in a bellwether trial over claims Uber negligently failed to put sufficient measures in place to prevent sexual assaults by its drivers.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
Expert Analysis
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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.
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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.