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Personal Injury & Medical Malpractice
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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.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 21, 2025
3rd Circ. Rejects Boy Scout Abuse Claimants' Fee Requests
The Third Circuit on Friday backed the denial of $21 million in counsel fees to the Coalition of Abused Scouts for Justice as tort claimants in the Boy Scouts of America's bankruptcy case, ruling that the organization was not a creditor entitled to recoup money from the estate.
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November 21, 2025
Tort Report: Ga. Injury Suits Surge Ahead Of Tort Reform
Word of a big surge in Georgia injury lawsuits ahead of tort reform legislation and a $66 million Atlanta nightclub shooting judgment 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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November 21, 2025
EMTs Settle With Family Of Woman Mistakenly Declared Dead
The family of a woman discovered alive in a body bag by funeral home workers has reached a settlement with paramedics and EMTs who erroneously declared her dead, according to filings in Michigan state court.
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November 21, 2025
Hyperbaric Chamber Death Suit Not Covered, Insurers Say
Two Nationwide insurers said they have no duty to defend or indemnify a hyperbaric oxygen therapy center or its employees in a suit over the death of a 5-year-old boy, telling a Michigan federal court that there was no bodily injury or property damage caused by an occurrence, or accident.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Roblox Can't Get Teen Grooming Suit Arbitrated
A California state judge said Roblox couldn't compel a minor to arbitrate his claims that he was targeted and exploited by a sexual predator on the online gaming platform, saying that a recent federal law aimed at ending forced arbitration in sexual assault and harassment cases isn't limited to workplaces.
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November 20, 2025
States Back Hockey Players In Antitrust Fight Over Contracts
More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.
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November 20, 2025
Pharmacist, Brother Sentenced To Prison In $15M Fraud Case
A Michigan pharmacist and his brother were sentenced Thursday to spend years in prison and pay $15 million in restitution for their roles in a nine-year conspiracy to defraud Medicare and Medicaid, with a federal judge saying the prison time was warranted as a deterrent to healthcare fraud activity.
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
Priest Privilege Can't Cloak Info In NY Child Sex Abuse Case
A man who alleged he was sexually abused as a child by a Catholic priest in Brooklyn should have full access to the cleric's psychological treatment reports that were forwarded from a facility to his supervising bishop, a New York state appeals court has affirmed, denying clergy-penitent or doctor-patient privilege.
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November 20, 2025
Ye Avoids Sanctions For Violating Depo Order In Bias Suit
A California judge denied a request Thursday from a former employee accusing Ye, formerly known as Kanye West, of discrimination to sanction the rapper for failing to sit for a deposition, but warned his attorney not to take "any comfort" in the order because he will need to reach an agreement soon or face "undesirable outcomes."
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November 20, 2025
Lewis Brisbois Liability Group Co-Chair To Join PI Boutique
Personal injury boutique firm Banafsheh Danesh & Javid PC will add a longtime Lewis Brisbois Bisgaard & Smith LLP defense trial attorney, who co-chaired its general liability practice, as a partner at the start of the new year, the firm announced Thursday.
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November 20, 2025
Conn. Safari Co. Wins Bid To Arbitrate Hippo Attack Suit
A Connecticut-based tour operator can force into arbitration a wrongful-death lawsuit involving a hippopotamus attack that killed a New Jersey woman while she and her husband were on safari in Zambia, a state judge ruled.
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November 19, 2025
29 AGs Want Social Media Addiction Fight Decided In 1 Trial
A coalition of 29 state attorneys general Wednesday urged a California federal judge presiding over social-media addiction multidistrict litigation to consolidate state law claims into a single jury trial, while Meta's counsel argued that there's no case law precedent for such a single trial and it would be prejudicial.
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November 19, 2025
PacifiCorp To Pay $150M To 1,400 Survivors Of 2020 Wildfires
PacifiCorp announced Wednesday that it has reached a $150 million settlement with more than 1,400 plaintiffs who blame the Berkshire Hathaway-owned utility's equipment for sparking deadly Labor Day 2020 wildfires in Oregon.
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November 19, 2025
Wash. Judge Narrows Claims In Seaplane Crash Dispute
A Washington state judge largely denied a charter flight company's attempt to put blame for a seaplane crash that killed 10 people onto an aircraft company, and said there are genuine questions about whether sole cause can be attributed to either party.
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November 19, 2025
Colo. High Court Considers Insurers' Noncooperation Defense
Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failure-to-cooperate defense, in a case where a man was denied claims after not turning over medical records.
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November 19, 2025
4th Circ. Says Immigration Board Ignored Key Evidence
A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.
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November 19, 2025
Princeton Sued Over Student, Alumni Data Exposed In Breach
Princeton University faces two proposed class actions in New Jersey federal court accusing it of failing to take the necessary measures to protect the personally identifiable information of thousands of students, alumni, donors, faculty and other members of the university community, which was exposed during a data breach this month.
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November 19, 2025
Religious Org. Not Covered For Sex Abuse Suit, Insurer Says
A nonprofit insurer said a Christian ranch for "at-risk" boys isn't owed coverage for a lawsuit alleging physical and sexual abuse, telling a Missouri federal court that the ranch failed to adequately provide notice of the underlying claim.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Spoliation Of Evidence Is A Risky And Shortsighted Strategy
Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator’s credibility, say attorneys at Mandelbaum Barrett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.