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Personal Injury & Medical Malpractice
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 25, 2025
NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights
The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.
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November 24, 2025
Monsanto Must Pay $28M Roundup Award, Calif. Court Says
A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years.
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November 24, 2025
Justices Asked To Curtail Qualified Immunity's Application
A legal group dedicated to rolling back administrative power is urging the U.S. Supreme Court to take up the National Rifle Association's suit against a New York official for investigating insurance companies that worked with the gun-rights organization, arguing the Second Circuit was wrong when it ruled that the official was entitled to qualified immunity.
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November 24, 2025
Calif. Personal Injury Law Firm Sued Over Ransomware Attack
A former Adamson Ahdoot LLP client lodged a proposed class action in California state court on Friday over a Nov. 3 ransomware attack, alleging the law firm failed to protect his personal information despite touting on its website that it follows industry standards to do so.
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November 24, 2025
Prep, Panic & Poise: Inside An Associate's First Oral Argument
Fraser M. Holmes followed a long professional path to a Texas court's lectern. He'd been a baseball blogger, travel writer and social studies teacher before appellate law beckoned. After years of toil, a milestone moment — his first oral argument — finally arrived, but as justices took the bench, his heart sank: "Oh, my God. I think I've just forgotten my entire argument."
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November 24, 2025
Colo. Justices Again Uphold $40M Award In Med Mal Cap Suit
The Colorado Supreme Court on Monday denied a state hospital's bid for the justices to rehear a couple's medical malpractice damages cap lawsuit over their daughter's care, upholding for a second time a nearly $40 million judgment against the institution.
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November 24, 2025
5th Circ. Finds Gun Ban For Pot Users Unconstitutional
A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.
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November 24, 2025
Justice Thomas Says Court Should Clarify Military Immunity
For the third time in five years, Justice Clarence Thomas on Monday said the U.S. Supreme Court should have granted review of a long-standing court precedent shielding the government from claims incidental to military service, in a suit over the death of an off-duty Air Force service member.
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November 24, 2025
Conn. Family Can't Go After ENT Insurer Following Failed Deal
A Connecticut state court tossed a family's suit seeking a declaration as to the insurance coverage available to an ear, nose and throat center that rejected the family's settlement offer in an underlying malpractice case, saying the family hasn't alleged an actual dispute or injury in order to establish standing.
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November 24, 2025
NY High Court Says Gun Permit Scheme Is Bruen-Compliant
New York's highest court on Monday ruled that concealed weapons laws in the state are constitutional and can be enforced despite a 2022 U.S. Supreme Court decision striking down portions of a law that required gun owners to provide a reason why they should be allowed to own a firearm.
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November 24, 2025
Conn. Law Firm Sued Over $7.5M Truck Crash Judgment
A Connecticut food distributor is suing Harlow Adams & Friedman PC in state court over a $7.5 million judgment from a personal injury lawsuit, saying the law firm miscalculated the suit's value, didn't keep its client informed and missed deadlines at the trial and the appellate levels.
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November 24, 2025
Conn. Must Pay $2.5M Over Foster Teen's Death
A Connecticut state judge has awarded $2.5 million to the estate of a teenager who died in therapeutic foster care, finding the state's poor records and communication led to the teen not receiving the care he needed.
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November 24, 2025
Fla. Jury Awards $50M In DNA Case Involving Ex-Marvel CEO
A Florida jury awarded more than $50 million to Marvel Entertainment's former CEO and his wife over the surreptitious collection of her DNA in an attempt to falsely link her to an anonymous hate letter campaign, finding that a neighbor and an insurance company attorney conspired against the couple.
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November 24, 2025
Penn State Says Ex-Trustee Posted Damning Letter First
The Pennsylvania State University sought to dismiss a former trustee's lawsuit over alleged retaliation for his investigating fees it paid and its finances, arguing in part that a letter he claimed had defamed him was one he had first made public himself.
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November 24, 2025
Insurer Says Bio-Lab Owes $20M For 2024 Chemical Plant Fire
A Hanover Insurance unit is owed more than $20 million from chemical manufacturer Bio-Lab Inc. and its parent companies for past and future payments made to an HVAC supply company whose property was damaged by a chemical plant fire last year, the insurer told a Georgia federal court.
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November 24, 2025
Justices Won't Review Doctor's Conviction For Reusing Devices
The U.S. Supreme Court on Monday rejected a petition from a North Carolina physician seeking to revisit the Fourth Circuit's decision to back her conviction for healthcare fraud.
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November 21, 2025
Ex-Google CEO Accused Of Sex Assault, Cyberstalking
A woman who says she dated former Google CEO Eric Schmidt has accused him of sexually assaulting her, stealing her businesses and surveilling her devices via a "backdoor" he built with Google engineers to covertly spy on employees, according to a complaint she's trying to file in California state court.
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November 21, 2025
Garmin Systems Triggered 2022 Wash. Plane Crash, Suit Says
The families of four people who died when a 2022 Cessna test flight crashed in Washington are blaming Garmin, alleging in a lawsuit the GPS giant designed faulty aircraft systems that wrestled control from the pilot and led to the plane's right wing falling off midair.
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November 21, 2025
Lemon Law Attys Urge Court To Kill Ford's 'Chilling' RICO Suit
Attorneys representing three lemon law firms urged a California federal judge Friday to dismiss a racketeering suit Ford Motor Co. brought against them alleging they engaged in fraudulent billing practices, with one saying the "chilling" litigation could open every lawsuit to similar claims.
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November 21, 2025
'Housewives' Star Says Revenge Porn Talks Were Coerced
Former "Real Housewives of Atlanta" star Brit Eady accused Bravo and the show's production company of blackmailing her into discussing a "disgusting" revenge porn incident where in front of a live event audience, a cast member showed a graphic image falsely attributed to Eady.
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November 21, 2025
Union Pacific Loses Bid To Keep Fatal Crash Case Federal
Union Pacific Railroad must face in Oregon state court a lawsuit over a crash allegedly caused by an unkept crossing that killed three people, a federal judge ruled, saying the plaintiffs have adequately made claims against an Oregon-based defendant, justifying state court jurisdiction.
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November 21, 2025
Tesla's Runaway Acceleration Led To Fatal Crash, Suit Says
A Tesla Model 3 accelerated on its own, crashing into a utility pole and exploding into an inferno that killed a Washington woman and left her husband with serious injuries, according to a lawsuit filed on Friday in federal court.
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November 21, 2025
Engineers Must Share Documents For Bridge Collapse Suits
An engineering firm must turn over documents related to bridge inspections in Pittsburgh for a group of lawsuits contending that inspectors' negligence contributed to the 2022 Fern Hollow Bridge collapse, a Pennsylvania state judge ruled Thursday.
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November 21, 2025
Iowa High Court OKs $4.3M Award Over Fatal Police Chase
The Iowa Supreme Court on Friday affirmed a $4.26 million jury verdict in a suit accusing a city's former police officer of acting negligently during a high-speed chase that resulted in a motorcyclist's death, saying municipal immunity can't be claimed by the city.
Expert Analysis
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.