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Personal Injury & Medical Malpractice
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August 25, 2025
NJ School Can't Shield Clergy Abuse Info Ahead Of 1st Trial
A Garden State judge presiding over consolidated clergy abuse litigation has ruled that the Order of St. Benedict of New Jersey cannot assert attorney-client privilege over most materials, including third-party compliance reports, the organization sought to shield ahead of what the plaintiffs' attorneys believe will be the state's first civil trial against the Catholic Church over sex abuse.
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August 25, 2025
Atty Can't Retool Law School Loan Battle With Ex, Court Told
A Florida lawyer fighting Wells Fargo, his former girlfriend, her attorney and others over a $30,000 bill for law school loans paid by his ex has failed to establish a good cause why he should be permitted to amend his complaint for the fourth time, according to a Monday filing in federal court.
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August 25, 2025
11th Circ. Won't Rehear Lodge Shooting Coverage Dispute
The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.
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August 25, 2025
NJ Court Upholds Most Claims In Judicial Privacy Suits
Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.
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August 25, 2025
Glock Can't Escape Minnesota's Gun Modification Suit
A Minnesota state judge won't let Glock Inc. or its Austrian parent company out of a suit by the state alleging it knowingly designs and sells handguns that can be easily converted into machine guns.
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August 22, 2025
Fla. Cop's $58M Malicious Prosecution Award Stays Put
A Michigan federal judge Friday refused to disturb a $58 million verdict favoring a police officer who claimed his ex-wife falsely accused him of sexually abusing his daughter, saying a Michigan state trooper and a former assistant state attorney general couldn't escape findings that they pursued a bogus case.
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August 22, 2025
9th Circ. Blocks Meta's MDL Discovery Against State Agencies
The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.
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August 22, 2025
Ohio Panel Says Med Mal Damages Cap Is Unconstitutional
An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.
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August 22, 2025
2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions
The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.
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August 22, 2025
Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules
Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.
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August 22, 2025
Neb. Judge Frees Student's Accuser From Univ. Sex Bias Suit
A woman accused of defaming a fellow student with claims of sexual assault has been dropped from his discrimination lawsuit against University of Nebraska-Lincoln officials, after a federal judge ruled that her statements made during an investigation were protected by absolute privilege.
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August 22, 2025
Speedy Trial Violation Undoes Sex Assault Conviction In Colo.
The Colorado Court of Appeals on Thursday reversed the conviction and 34-year-to-life sentence of a man found guilty of sexual assault on a child, pointing to a district court error in holding the trial one month outside of the speedy trial window and remanding the case for dismissal of all charges.
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August 22, 2025
Panda Express Meal Caused Arterial Damage, Patron Says
A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.
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August 22, 2025
Ex-Mother-In-Law Painted As Mastermind In FSU Prof's Death
A Florida prosecutor on Friday described the former mother-in-law of a Florida State University law professor killed by hired assassins in 2014 as the mastermind behind his murder, telling jurors that she was motivated by the desire to have her grandchildren closer to Miami after her daughter's divorce.
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August 22, 2025
Trump Admin Pauses Visas For Commercial Truck Drivers
Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.
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August 22, 2025
Jay-Z Aims To Keep Buzbee Suit Alive After Losing Other Case
Texas attorney Tony Buzbee's request to shut down a federal lawsuit in Alabama based on a state trial court's dismissal of a different action in California related to sexual abuse allegations connected to Sean "Diddy" Combs is a "desperate attempt to evade accountability," rapper Shawn "Jay-Z" Carter has argued.
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August 22, 2025
Ex-Morgan & Morgan Client Says Arbitration Ruling Was Error
A former Morgan & Morgan client is pushing back on an order sending his proposed class action malpractice claims into arbitration and denying a motion to remand the suit to state court, arguing that a Savannah, Georgia, federal judge erred in her ruling by misapplying the law and failing to take all facts into account.
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August 22, 2025
Mass. Hospital, Contractor Sued Over Legionnaires' Death
The alleged failure by a Massachusetts hospital and its contractor to properly maintain a water system led to the death of an elderly patient in February, according to a suit in state court.
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August 21, 2025
Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit
Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Nursing Home Wins Appeal In Criminal Case Over COVID Deaths
Criminal charges against a Southern California nursing home in connection with the COVID-19 deaths of 14 people were properly dismissed, a California appeals court has ruled, finding that the prosecution improperly relied on evidence that was inadmissible under the Fifth Amendment.
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
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August 21, 2025
Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe
Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald.
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August 21, 2025
Miami Beach Hotel Sued After Child Drowned In Pool
The parents of a 5-year-old girl who drowned in a Miami Beach hotel pool have brought a Florida state court wrongful death lawsuit against the hotel's parent companies, alleging they failed to implement proper safety measures that would have prevented their daughter's death.
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August 21, 2025
Ex-Player Says Chicago Bears Mishandled His Knee Injury
A former player for the Chicago Bears has sued the NFL team and its medical staff, claiming they discouraged surgery after he injured his knee in a preseason game despite MRI results showing significant cartilage damage, delaying adequate treatment and derailing his professional football career.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.