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Personal Injury & Medical Malpractice
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September 18, 2025
Split Court Shields Mich. City From Teen's Drowning Suit
The city of South Haven, Michigan, is immune from the claims of the estate of a man who drowned while swimming in Lake Michigan because the estate failed to establish that an exception to governmental immunity applied, a divided state appeals court ruled.
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September 18, 2025
Mich. Top Court To Weigh Medicare's Role In No-Fault Cases
Michigan's highest court will weigh whether an injured driver who opted out of personal injury protection due to his Medicare coverage must offset his damages by billing the insurance program for accident-related medical expenses in a no-fault dispute.
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September 18, 2025
Pipe Maker Gets 2nd Shot At Bringing Asbestos RICO Claims
An Illinois federal judge has said a Los Angeles pipe manufacturer can bring amended civil racketeering claims over a St. Louis-area law firm's alleged conspiracy to bring meritless asbestos claims, after the company argued information from confidential whistleblowers warranted an attempt to fix earlier pleading deficiencies.
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September 18, 2025
Illinois Woman Loses Suit Over National Forest Hiking Injury
An Illinois federal judge has thrown out a woman's claims against the federal government over injuries she sustained when she cut her leg on a jagged metal post in Shawnee National Forest in southern Illinois, saying the government is immune to some of her claims and there is insufficient evidence to back up the rest.
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September 18, 2025
Circuit Split On Felon Gun Ban Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
Couple Slam NC Defense Attys In Hospital Negligence Appeal
A couple pursuing negligence claims against a local hospital scoffed at the idea that they were lurking on the sidelines waiting to cash in on a favorable outcome in a similar case, telling the North Carolina appeals court to ignore an amicus brief by defense attorneys arguing as much.
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September 18, 2025
OpenAI Faces Liability Test In Suit Over ChatGPT Suicide
A wrongful death suit accusing OpenAI's artificial intelligence tool ChatGPT of aiding a teenager's suicide is set to be a high-stakes test of the responsibilities that AI firms will have toward vulnerable users, particularly minors exhibiting signs of mental distress, attorneys said.
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September 18, 2025
Law Firm Files Fee Suits Over Texas Mass Shooting Litigation
A law firm has launched two separate Texas state court lawsuits alleging it is owed more than $2 million in legal fees for work it performed on behalf of victims of a 2017 mass shooting at a Lone Star State church in Sutherland Springs.
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September 18, 2025
Jay-Z, Buzbee Conspiracy Suits Sent To Texas State Court
A Texas federal judge has sent two conspiracy lawsuits brought by clients of Texas personal injury attorney Tony Buzbee against Shawn "Jay-Z" Carter's company Roc Nation and his attorneys back to state court in Houston, finding the court lacks jurisdiction in the case despite the defendant's argument that law firm Quinn Emanuel Urquhart & Sullivan LLP was "improperly joined."
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September 18, 2025
Uber Says Philly Law Firm, Doctors Fabricated Injuries
Ride-sharing company Uber has accused personal injury firm Simon & Simon PC and a network of healthcare providers of fabricating medical records to inflate accident complaints, according to a RICO suit filed in Philadelphia federal court.
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September 18, 2025
Petrol Co. Seeks Early Win In Benzene Injury Coverage Suit
Three insurers have continued to renege on their duty to defend an underlying lawsuit seeking to hold a New York-based petroleum company liable for a man's multiple myeloma diagnosis, the company told a state court, saying they've already acknowledged that such a duty exists.
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September 17, 2025
Uber Stalled On Women-Only Rides, Jury Hears In Assault Trial
Uber executives pumped the brakes for years on a proposed safety program that would have matched woman drivers with woman riders, fearing legal risks and the potential for a public perception that the service is unsafe for women, a San Francisco jury heard Wednesday in a bellwether sexual assault trial.
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September 17, 2025
Feds Want 3 Years For Girardi Son-In-Law's Chicago Contempt
Tom Girardi's son-in-law should receive a three-year prison sentence for his admitted role in helping the once-celebrated plaintiffs' lawyer steal millions from Lion Air crash victims, federal prosecutors in Chicago argued Wednesday.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
Cessna-Maker Must Face Deadly Plane Crash Cases In Conn.
The Kansas-based maker of a private Cessna airplane that crashed in Connecticut, killing its two pilots and two doctors on board, must face two product liability lawsuits in the Constitution State despite claiming it was beyond the jurisdiction of Connecticut's courts.
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September 17, 2025
Ex-Calif. Judge Gets 35 Years For Shooting Wife To Death
Former California state court judge Jeffrey M. Ferguson lost his bid for a new trial Wednesday and was sentenced to 35 years to life in prison for shooting his wife to death at home in a drunken rage, with the presiding judge expressing sympathy for his "extraordinary" son who tried to save his mother's life.
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September 17, 2025
8th Circ. Axes Enhancement Over Tossed Gun As Speculative
The Eighth Circuit on Wednesday vacated a nearly six-year sentence and dropped a reckless endangerment enhancement for a man in Iowa accused of discarding a loaded handgun while running from police.
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September 17, 2025
4th Circ. Told Panel's Ruling In Bestwall Ch. 11 Dangerous
A group of asbestos claimants has asked the full Fourth Circuit to reconsider a panel's ruling that Georgia-Pacific asbestos unit Bestwall could stay in Chapter 11 despite its parent being solvent, saying the opinion defies U.S. Supreme Court precedent and will enable debtors to abuse the system.
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September 17, 2025
NCDOT Dodges Liability In Fatal Snowstorm Accident
The North Carolina Department of Transportation was freed Wednesday from having to contribute to wrongful death settlements of over $1.6 million after a North Carolina Court of Appeals panel found the department to be immune under the Emergency Management Act.
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September 17, 2025
Insurer Says Parkland Mass Shooting Was Multiple Occurrences
Evanston Insurance Co. told the Eleventh Circuit on Wednesday that a lower court erred when it said the term "occurrences" in an excess policy for the Broward Sheriff's Office was ambiguous and granted a win to the insured, which argued the 2018 mass shooting at a Parkland, Florida, school was one occurrence, not several.
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September 17, 2025
Newell Unit Sued Over Crock-Pot Defect Scalding User
A woman is suing Sunbeam Products Inc. and its parent Newell Brands Inc. in Georgia federal court, alleging their Crock-Pot pressure cookers are defective, resulting in one ejecting its contents while under pressure, badly scalding her.
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September 17, 2025
Purdue Can Pay CEO Ch. 11 Bonus After Trimming Comp
A New York bankruptcy judge Wednesday approved a nearly $3 million incentive program for Purdue Pharma's chief executive after he agreed to reduce his total compensation by $500,000.
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September 16, 2025
Tesla Settles Suit Over Fatal 2019 Autopilot Crash In Calif.
Tesla has reached a confidential settlement to resolve a lawsuit over the death of a 15-year-old killed in a 2019 car crash involving a Model 3 that was operating on self-driving, autopilot technology, according to an order in California state court Tuesday.
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September 16, 2025
Dr.'s COVID Falsehoods Are Free Speech, Wash. Panel Says
A Washington state appeals court unanimously ruled Tuesday that the Washington Medical Commission overstepped its authority by punishing a doctor for COVID-19 falsehoods he published to his blog, but affirmed the commission's decision to discipline him for prescribing ivermectin to COVID-19 patients.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.