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Personal Injury & Medical Malpractice
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July 23, 2025
Tort Report: Panera Settles Last Of 'Charged Lemonade' Suits
The final resolution of a handful of injury suits over Panera Bread's caffeinated lemonade drink and the U.S. Supreme Court's rejection of a medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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July 23, 2025
No New General Causation Opinions In Camp Lejeune Case
A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.
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July 23, 2025
2nd Circ. Orders Review Of Sealed Epstein Case Docs
The Second Circuit on Wednesday vacated rulings denying requests to unseal materials in a defamation case tied to deceased financier and accused sex trafficker Jeffrey Epstein, ordering a New York district court to review certain filings after determining they're considered judicial documents and presumed to be public.
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July 23, 2025
4th Circ. Says Gov't Is Immune From Contractor Negligence Suit
The Fourth Circuit said the Defense Intelligence Agency is immune from a polygraph examiner's suit alleging an employee's negligence caused her to get into a car accident outside the agency's offices, affirming a Virginia federal judge's dismissal of her suit.
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July 23, 2025
Texas Event Venue Not Covered In Fatal Shooting Dispute
An insurer has no duty to defend or indemnify the property owner of a Dallas event space in a suit over a fatal shooting, a Texas federal court held, saying it would not alter its previous finding that the claim fell under an assault or battery exclusion.
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July 23, 2025
5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims
The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.
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July 23, 2025
Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says
A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.
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July 22, 2025
Shia LaBeouf Settles FKA Twigs' Sexual Battery, Assault Suit
Shia LaBeouf has reached a settlement with FKA twigs to resolve the English singer's claims that the actor beat and berated her and used his reputation as an eccentric artist to continue a "pattern and practice" of abusing women.
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July 22, 2025
9th Circ. OKs Toss Of U-Visa Holder's Status Adjustment Suit
Federal district courts can't review discretionary denials of nonimmigrant visa holders' bids to adjust to lawful permanent resident status, the Ninth Circuit ruled Tuesday in a published opinion refusing to revive a Mexican woman's lawsuit that challenged her green card denial.
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July 22, 2025
Justices Urged To Hear Ill. Freight Broker Negligence Fight
A man who was injured in an Illinois trucking accident urged the U.S. Supreme Court on Tuesday to address conflicting court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims, saying broker and logistics giant C.H. Robinson cannot evade liability.
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July 22, 2025
JetBlue Sued Over Scalding Coffee Incident On Flight
A Team USA judo instructor suffered permanent eye injuries when a JetBlue employee spilled coffee on him while trying to serve another passenger, according to a New York federal lawsuit that seeks to hold the airline liable.
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July 22, 2025
States, Asbestos Claimants Seek Claim Purge Block In Del.
An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.
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July 22, 2025
DC Circ. Won't Revive Cocoa Farm Child Slave Labor Suit
The D.C. Circuit on Tuesday declined to revive a proposed class suit by former child laborers against Hershey, Nestlé and five other companies alleging they were forced into child labor to pick cocoa later used by the companies, saying the plaintiffs failed to link the companies to the specific farms they worked on.
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July 22, 2025
No Early Release For Former Teen Shooter, 9th Circ. Affirms
A Ninth Circuit panel declined to grant an early release to a man serving 70 years in prison for a gang-related shooting he committed at age 16, finding that neither the length of his sentence nor his youth at the time of conviction amounted to the type of "extraordinary" circumstances allowing him compassionate relief.
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July 22, 2025
Liberty Mutual Deems $1.58M Crash Suit 'Factually Flawed'
A Connecticut woman's lawsuit alleging Liberty Mutual is on the hook for the $1.58 million she won in a car crash case must be dismissed over numerous pleading deficiencies, the insurer has said in a court filing, arguing that "each of these five causes of action are fundamentally and factually flawed."
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July 22, 2025
Ohio Justices Accept AG's Bid To Limit Care For Trans Youths
The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional.
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July 22, 2025
Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules
A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.
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July 22, 2025
Netflix Fired Atty For Reporting On 2 Senior Execs, Suit Says
Netflix's ousted labor relations counsel filed a retaliation suit in California state court on Monday alleging she was fired after speaking up about sexual harassment and racial bias by two senior executives, and that she was passed over for job opportunities in favor of white colleagues.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
YouTube, TikTok Poised To Beat 'Choking Challenge' Suit
A California federal magistrate judge appeared inclined Tuesday to toss a proposed class action alleging YouTube's and TikTok's reporting features are defectively designed to overlook deadly "choking challenge" videos and similar dangerous content, noting that content moderation tools are typically shielded by Section 230, even if those tools "get it wrong."
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July 22, 2025
Pa. Gas Cos. Sued Over Heater Explosion That Killed 6
Natural gas from a leaking pipeline allegedly filled the basement of a suburban Pittsburgh home, fueling an explosion that leveled three houses and killed six people in 2023, according to lawsuits filed Tuesday by the families of three victims.
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July 22, 2025
1st Circ. Nixes $15.5M Haitian Torture Judgment, Narrows Law
The First Circuit has tossed a $15.5 million judgment awarded to the victims and survivors of political violence allegedly orchestrated by a former Haitian mayor, and narrowed the legal options for foreign nationals seeking damages for acts that occurred outside the United States.
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July 22, 2025
Ch. 11 Judge Escapes Energy Drink Co. Founder's Bias Suit
A Florida bankruptcy judge was freed Tuesday from a suit alleging he was biased while presiding over the Chapter 11 case of the company behind Bang energy drinks.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
8th Circ. Axes Witness Tampering Verdict In Kidnapping Case
The Eighth Circuit upheld the kidnapping conviction of a man who held a woman at gunpoint and forced her to drive across state lines, but it vacated his attempted witness tampering conviction, holding that there wasn't enough evidence.
Expert Analysis
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.