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Personal Injury & Medical Malpractice
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December 09, 2025
Texas Court Blocks Discovery Order In Family Dollar Shooting
A Texas appeals court on Tuesday blocked parts of a discovery order in a suit over a fatal shooting by a Family Dollar employee, saying the order was overbroad and the trial court abused its discretion in issuing it.
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December 09, 2025
Texas Appeals Court Weighs $38M Electrocution Judgment
A Texas appellate court wanted to know why it should uphold a $38 million judgment against Oncor Electric Delivery Co. LLC for a man who was electrocuted while trimming trees around a power line, asking Tuesday how Oncor's actions caused the man's injuries.
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December 09, 2025
Expert Invoices Discoverable In J&J Talc MDL, Judge Says
A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.
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December 09, 2025
Mistrial Declared In Fla. Opioid Case Against Pharmacies
A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis.
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December 09, 2025
Hagens Berman's Novel DOJ Referral May Have Chilling Effect
A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.
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December 09, 2025
Combs' Defamation Suit Unlikely To Be Tossed, Judge Says
Sean "Diddy" Combs' $50 million defamation suit accusing a grand jury witness, a lawyer and Nexstar Media Inc. of spreading falsities is likely to survive the defendants' motion to dismiss, at least in part, a Manhattan federal judge said Tuesday.
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December 09, 2025
Ex-Bankruptcy Judges Urge High Court To End Estoppel Rule
Five retired bankruptcy judges are asking the U.S. Supreme Court to overturn a Fifth Circuit ruling blocking a debtor from pursuing litigation he failed to disclose in his bankruptcy case, saying the panel applied stricter standards than most circuits and the high court itself.
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December 08, 2025
Baby Food Cos., Parents Clash On Heavy Metals MDL Experts
A California federal judge heard arguments Monday over what expert witness evidence to allow in an upcoming trial over whether lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to ADHD and autism in children, as counsel from both sides kicked off a high-profile weeklong Daubert hearing.
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December 08, 2025
Insurer Denies Coverage To Retailers For Kratom Death Suit
An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
'Known Dangers' Of Driving Don't Merit $76M, Texas Court Says
A split Texas appellate court did away with a $76 million judgment against a company whose driver rear-ended the vehicle of a woman who later died, saying the woman's estate failed to show the company's negligence caused the wreck.
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December 08, 2025
Liberty Seeks Excess Insurer Repayment For $21.3M Verdict
A Berkshire Hathaway unit must cover Liberty Insurance Underwriters Inc.'s portion of a $21.3 million jury award in a personal injury case, Liberty said in a new federal complaint, arguing the unit unreasonably failed to resolve the case before trial despite multiple settlement offers.
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December 08, 2025
Royal Caribbean Negligent In Passenger Death, Family Says
Royal Caribbean crewmembers negligently overserved a man alcohol and later used excessive force to restrain him, the family of the man who died on board one of the company's cruise ships told a Florida federal court.
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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Ex-Archetype Capital Exec Hit With Trade Secret Injunction
A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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December 08, 2025
Judge Prods Doctor To Disclose Records In WWE Abuse Fight
A Connecticut judge bristled at a celebrity doctor's failure to overturn key records that may bolster a former WWE staffer's abuse claims against the company, saying on Monday that his prior order to unearth the documents "is not being taken seriously."
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December 08, 2025
Ga. Judge Rejects Judicial Bias Claims In Katt Williams Suit
A Georgia federal judge has declined to reconsider his ruling tossing a suit by four women against comedian Katt Williams, rejecting claims that judicial bias infected the ruling and defending his decision to refer their attorney to the state bar for filing a brief with numerous fake case citations generated by artificial intelligence.
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
New Orleans Archdiocese Gets OK For $230M Ch. 11 Plan
A Louisiana bankruptcy judge on Monday approved the Roman Catholic Archdiocese of New Orleans' Chapter 11 plan, allowing it to go forward with a $230 million settlement with sexual abuse claimants.
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December 08, 2025
Jury Awards $600K To Ga. Man Over Jail Abuse
A Georgia federal jury has handed a $600,000 verdict to a man who accused a former metro Atlanta sheriff of arresting and abusing him in custody after the sheriff intervened in a business dispute with one of his deputies.
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December 05, 2025
Character.AI Exec Can't Exit Teen's Suicide Suit, Mom Argues
The co-founder of Character.AI should not be allowed to escape a wrongful death lawsuit accusing the platform and its creators of building a large language model that encouraged a 14-year-old boy to kill himself, the teen's mother argued in Florida federal court, saying the founder essentially controlled the company, so much so that it was his alter ego.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
Fla. Judge OKs Release Of Epstein Grand Jury Transcripts
A Florida federal judge on Friday ordered the release of grand jury transcripts from an investigation of late sex offender Jeffrey Epstein, citing a newly enacted law that the government said overrides a prohibition on disclosing the documents to the public.
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December 05, 2025
Calif. Court Reverses Arbitration Denial In Injury Firm Dispute
A California state appeals court has reversed a lower court's decision denying an injury firm co-founding partner's petition to compel arbitration in a dispute with his former law partner over referral and attorney fees, finding that an arbitration clause may be enforceable.
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.