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Personal Injury & Medical Malpractice
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August 12, 2025
Judge, Terumo Attorney Spar Over 'Final Judgment' Case
A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.
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August 12, 2025
Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute
A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.
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August 12, 2025
OneTaste Execs Lose Acquittal Bid In Forced Labor Case
A Brooklyn federal judge has refused to grant OneTaste's founder and sales director a judgment of acquittal following their conviction for a forced labor conspiracy at the "orgasmic meditation" company, saying the trial evidence against them was abundant.
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August 12, 2025
Ex-Raiders Coach Keeps Claims Over NFL Leak In Open Court
Former Las Vegas Raiders head coach Jon Gruden will get to keep his claims of character assassination against the NFL and Commissioner Roger Goodell out of arbitration, the Nevada Supreme Court ruled in a split decision, with the majority calling the contract unconscionable.
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August 12, 2025
Meta's Discovery Win Faces 'Immense' Fallout, 9th Circ. Told
The California Attorney General's Office urged the Ninth Circuit on Tuesday to reverse a lower court's order requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, saying the "egregiously wrong" order will have "immense" consequences.
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August 12, 2025
Colo. Ski Resort Fights Court Order On Attorney Ethics
A ski resort asked the Colorado Supreme Court on Monday to reverse a court order imposing sanctions on its attorneys for not assisting plaintiff's expert witness with interpreting GPS coordinates for the location of a ski accident that led to a damages lawsuit.
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August 12, 2025
COVID Death Suits May Need Special Master For Discovery
A court-appointed "special master" will likely be necessary to sort out discovery disputes in a lawsuit over a Pittsburgh-area nursing home's pandemic policies, after a state judge's limits on document searches still returned more than 133,000 pages of results.
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August 12, 2025
Fla. Apartment, Worker Escape Airman's Wrongful Death Suit
A Florida federal judge dismissed a lawsuit over the police shooting death of a U.S. Air Force airman against an apartment complex and an employee who dialed 911, saying that the complaint "sends the wrong message to the public."
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August 12, 2025
Kirkland Grows New Philly Office With Mass Tort Specialist
Kirkland & Ellis LLP continued growing its Philadelphia office months after entering the market with the recent addition of a litigator specializing in representing pharmaceutical and medical device companies in liability cases.
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August 12, 2025
Travelers Units Freed From Builder's Asbestos Injury Dispute
A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.
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August 12, 2025
Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims
A Georgia federal judge has granted Morgan & Morgan's request to send a former client's malpractice claims into arbitration, ruling that an arbitration agreement between the parties is enforceable.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill
More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.
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August 11, 2025
9th Circ. Says LA Men Have Ammo In Gun Rights Class Action
The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.
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August 11, 2025
Neighbors, Insurers File Suits Over Fatal Pa. Gas Explosion
The owners or insurers of more than five dozen properties in a Pittsburgh-area housing development have filed lawsuits over a massive natural gas explosion that leveled three houses, killed six people and allegedly caused damage across the neighborhood.
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August 11, 2025
4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest
An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
Soda Makers Sued Over Banned Brominated Soybean Oil
A pair of Pennsylvania men are suing the makers of Frostie and Faygo brand sodas in state court, saying the sodas contain brominated soybean oil, which has been banned by federal regulators because it is dangerous to consume.
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August 11, 2025
NY Judge Won't Unseal 'Redundant' Maxwell Grand Jury Docs
A New York federal judge on Monday denied the Trump administration's bid to unseal grand jury transcripts and exhibits in the prosecution of Ghislaine Maxwell, who is appealing a 20-year prison sentence for trafficking teenage girls for sex offender and disgraced financier Jeffrey Epstein, concluding that the materials contain almost nothing new.
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August 08, 2025
8th Circ. Revives Floyd Protestor's Arson Case Challenge
A protester convicted of arson at a Minneapolis pawn shop during 2020 protests over the murder of George Floyd — and where the dead body of another man was later found — will get another shot at vacating his sentence after the Eighth Circuit ruled Friday that a district court miscalculated the deadline to challenge his sentence.
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August 08, 2025
Ex-Ga. ICE Doc Ends Slander Suit Against Amazon Podcast
A former physician at a Georgia immigration detention center has settled his lawsuit against a true crime podcast and its host, alleging they defamed him by claiming he performed forced hysterectomies on detainees.
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August 08, 2025
Injured Woman Owes Ex-Attys More Than She Won At Trial
A Texas appeals court has affirmed a $150,000 arbitration award for a law firm sued over the contingency fees owed by a former client in a personal injury suit that ended in a post-trial settlement of about $130,000, rejecting the woman's bid to invalidate the award.
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August 08, 2025
Hospital, Clinic Exit Suit Over Man's Fatal Stabbing
A California appeals court has refused to revive a woman's suit against a psychiatric hospital and outpatient clinic blaming them for the death of her husband who was stabbed by her mentally ill son, saying the healthcare providers are shielded by a psychotherapist immunity statute.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.