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Personal Injury & Medical Malpractice
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January 27, 2026
Split 9th Circ. Backs Blue Shield Win In Residential Care Row
A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.
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February 12, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs
The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.
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January 27, 2026
'Assumed Risk' Bars Construction Death Suit, Ga. Panel Says
A Georgia Court of Appeals panel backed early wins Tuesday for SK Battery America Inc. and its contractors on a Peach State battery plant in a suit over a construction worker's fatal fall on the job, holding that the worker "assumed the risk of his injuries" by not tying himself to a safety line.
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January 27, 2026
CBP's Medical Care Oversight Needs Improvement, GAO Says
A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.
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January 27, 2026
Hearsay Evidence OK Amid $2.5M Med Mal Verdict, Panel Says
A Pennsylvania appeals court on Tuesday affirmed a $2.5 million verdict in a medical malpractice suit accusing a doctor of causing a woman's death from a blood clot in her lungs, saying certain hearsay evidence didn't taint the jury's verdict.
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January 27, 2026
Judge Taps Ex-CIA, Corrections Pro To Clean Up NYC's Rikers
A Manhattan federal judge on Tuesday named a former Vermont corrections commissioner and ex-CIA officer to take the reins of New York City's troubled Rikers Island jail system as a "remediation manager," after yearslong efforts to clamp down on incidents of excessive force against the jail population.
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January 27, 2026
Driver Must Repay Trucking Co.'s Insurer $4M For Crash Deal
A driver must repay a trucking company's insurer the $4 million it paid toward a $10 million settlement of suits stemming from a fatal multivehicle crash, a Georgia federal court ruled Tuesday, finding that the driver and trucking company were joint tortfeasors for purposes of contribution.
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January 27, 2026
Steel Plant, Furnace Maker Sued Over Fatal Explosion In Pa.
A steelworker injured in a fatal explosion last year at the Braeburn Alloy Steel plant outside Pittsburgh has filed a negligence suit against the company that owns the plant, its subsidiaries and a pair of equipment companies, according to a complaint filed in Pennsylvania state court.
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January 27, 2026
Ohio Psychiatrist Freed From Patient Wrongful Death Suit
An Ohio appeals court on Monday declined to reinstate claims against a psychiatrist alleging he misdiagnosed a patient, leading to his death following a standoff with police, finding he has immunity under state law.
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January 27, 2026
$1M Payout For Shooting Sought In Bad Faith, Insurer Says
An insurer for a company that provided security at a North Carolina apartment complex where a resident was fatally shot doubled down on counterclaims that a pair of Allied World insurers withheld critical information leading up to a settlement with the resident's estate.
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January 27, 2026
11th Circ. Told Tennis Org. Wasn't Required To Report Abuse
The U.S. Tennis Association urged the Eleventh Circuit on Tuesday to reverse a $9 million jury award handed to a player who said she was sexually assaulted by her coach, arguing there's no evidence a USTA manager was required to report a prior incident.
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January 27, 2026
Family Members Of Boat Strike Victims Sue Trump Admin
The family members of two Trinidadian men killed in a U.S. boat strike in the Caribbean Sea sued the federal government in Massachusetts federal court Tuesday, claiming the attack was an unlawful extrajudicial killing.
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January 27, 2026
RJ Reynolds Owes Transplant Patient $675K Over Smoking
A Florida jury awarded $675,000 on Tuesday over a longtime Newports smoker's lung disease and transplant, much less than the $14 million requested by plaintiffs against R.J. Reynolds.
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January 27, 2026
11th Circ. May Scuttle Appeal Amid Trafficking Coverage Spat
An Eleventh Circuit panel suggested Tuesday that procedural hurdles could stymie an insurance company's bid to get out of defending an Atlanta-area motel from sex trafficking claims that led to the motel being hit with a $40 million verdict last summer.
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January 27, 2026
Insurer Says No More Coverage For $4M Trafficking Judgment
An insurer said it owes no additional coverage to a Wyndham hotel franchisee that was ordered to pay the hotel chain over $4 million for settling an underlying sex trafficking suit, telling a Pennsylvania federal court that payment is limited to $100,000.
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January 27, 2026
TikTok Cuts Deal As 1st Social Media Bellwether Trial Begins
TikTok reached an eleventh-hour settlement late Monday in the first bellwether trial over claims that social media harms young users' mental health, cutting the deal days after Snap settled and leaving Meta and YouTube as the sole defendants as jury selection began Tuesday.
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January 27, 2026
Reporting Duty Doesn't Nix Whistleblower Status, Court Finds
Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.
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January 26, 2026
Social Media Cos. Fight Uphill To End Schools' Addiction MDL
A California federal judge appeared skeptical Monday about dismissing school districts' claims that social media companies harmed them by getting their students addicted to their platforms, telling defense counsel that the case poses "classic" factual disputes for a jury, and setting the first bellwether trial in the multidistrict litigation for June 15.
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January 26, 2026
RJR Owes Transplant Patient $14M Over Smoking, Jury Told
A Florida jury heard in closing arguments Monday that R.J. Reynolds should pay $14 million for 14 years of pain and suffering endured by a lung transplant patient who was smoking heavily by the 1970s.
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January 26, 2026
Amazon Accused Of Ignoring Nitrous Oxide Health Hazards
Amazon and nitrous oxide manufacturer Miami Magic took advantage of a "legal loophole" by selling flavored laughing gas products they claimed were for culinary use rather than recreational inhalation, according to a Seattle federal lawsuit from a Georgia man who alleged that his daily use of nitrous oxide caused him serious harm.
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January 26, 2026
Colo. High Court Says Xcel's Immunity Bid Went Too Far
A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.
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January 26, 2026
Delta Customers Get Green Light For Tweaked IT Outage Suit
A federal judge has ruled that Delta Air Lines customers alleging their travel was disrupted by the 2024 CrowdStrike outage can pursue some claims that were previously dismissed, but blocked them from reraising others.
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January 26, 2026
Texas Jury Returns $46 Million Verdict Against Stone Supplier
A Texas jury slapped a stone supplier with a $46 million verdict, finding that a truck driver who ran over and killed a man in DeWitt County in 2019 was driving on behalf of the company at the time of the accident.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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.