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Personal Injury & Medical Malpractice
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October 31, 2025
Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys
An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.
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October 31, 2025
Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits
A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.
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October 31, 2025
Crash Suit Revived After Counsel 'Knowingly Served' Dead Atty
A Texas appellate court has reinstated a suit accusing a commercial truck driver of negligently hitting a vehicle which caused a family's severe injuries, saying defense counsel acted unfairly when it "knowingly served" only the family's deceased attorney with court documents.
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October 31, 2025
Ga. Panel Backs Ambulance Co.'s Trial Win In Death Suit
A Georgia appellate panel on Thursday backed an ambulance company's defense verdict in a wrongful death lawsuit, ruling that a man suing the company for negligence in transporting his mother to a hospital "cannot show harm" by a trial court's decision to limit his expert's testimony.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
Ex-NYU Doc's Disability Bias Verdict Gets Trimmed To $2.55M
A former New York University doctor had nearly $1.5 million cut from a $4 million verdict on claims he was unlawfully denied remote work while recovering from COVID-19 complications, with a federal judge saying evidence didn't support the level of emotional distress or punitive damages that jurors awarded him.
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October 30, 2025
Ga. Judges OK Axing Of Atty's Slander Suit Against Ex-Client
A Georgia appellate panel Thursday backed the dismissal of an attorney's lawsuit against a former client who sued him for legal malpractice, ruling that the complaint boiled down to an abusive litigation claim that couldn't be pursued until the underlying case was complete.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Burn Victims Sue Navy Pier Rooftop Restaurant Over Fire
Four people who suffered burns from a fire during a corporate event at a Navy Pier rooftop restaurant have sued its management company and general manager in Illinois state court, claiming their negligence led to some of them being set ablaze, causing serious injuries and emotional distress.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Delbarton Seeks New Trial After $5M Clergy Abuse Verdict
The Order of St. Benedict of New Jersey, which runs the elite Catholic college-prep Delbarton School, is seeking a new trial or reduced damages after a New Jersey state court jury awarded $5 million in damages Oct. 18 to a former student in a clergy abuse case involving a priest who was a teacher.
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October 30, 2025
Ga. Judge Should DQ Self From Med Mal Case, Couple Say
A Florida couple have moved to disqualify a Georgia federal judge from presiding over their medical malpractice case, citing alleged conflicts of interest involving the judge's family members and their connections to Southeast Georgia Health System Inc.
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October 30, 2025
Senator Presses Md. Biz For Info On East Wing Demolition
U.S. Sen. Ed Markey, D-Mass., asked a Maryland business tapped to demolish the White House's East Wing to explain what steps were taken to protect workers and the public from hazardous building materials such as asbestos and lead paint.
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October 30, 2025
Westfield Insurance Co. Hit With UIM Class Claims In Philly
Ohio-based insurer Westfield Insurance Co. has been hit with putative class claims alleging it unfairly denies its customers underinsured motorist benefits.
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October 30, 2025
Mich. Top Court Upholds Gilead Immunity In COVID Drug Case
The Michigan Supreme Court on Wednesday said it won't consider an appeal from a man who was injected with a COVID-19 treatment made by Gilead Sciences Inc. that was later recalled for containing glass shards, a few months after a lower appellate court found the company immune because of a federal health emergency law.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.
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October 30, 2025
Judge Unpauses 'Important' Suit Over Vax Guidelines
A Massachusetts federal judge agreed Thursday to lift a government shutdown-related stay of litigation challenging new COVID-19 vaccine recommendations for children and pregnant women, calling the case a "matter of national importance" that warrants keeping the case moving over the U.S. Department of Justice's objection.
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October 30, 2025
Asbestos Corp. Gets Ch. 15 Nod Over Claimants' Concerns
A New York bankruptcy judge granted Chapter 15 recognition for Asbestos Corp. Ltd.'s Canadian restructuring over the objection of personal injury claimants and a Chapter 7 trustee, finding that the corporation's business activity in Canada outweighs its management of litigation in the U.S.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Pharmacies Say $1.5B Damages Too Much In Fla. Opioid Suit
CVS, Walgreens and Walmart on Wednesday grilled an economics expert witness over his opinion that they owe as much as $1.5 billion to a group of Florida hospitals that treated opioid-harmed patients, with defense counsel suggesting damages shouldn't be based on the full sticker price of the medical care.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
Expert Analysis
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Why Justices Seem Inclined To Curtail Del. Affidavit Statute
After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.