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Personal Injury & Medical Malpractice
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September 19, 2025
Pot Cos. Not Covered In Death Suit, Berkshire Hathaway Says
A Berkshire Hathaway unit has no duty to defend a group of cannabis companies in an underlying suit over a worker's death, the insurer told a Florida federal court Friday, arguing that the suit does not allege that the companies were the employers of the worker as required to trigger coverage.
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September 19, 2025
Ill. Panel Upholds Monsanto's Trial Win In Roundup Case
A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.
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September 19, 2025
Boston Jury Awards $83M Asbestos Verdict Against Art Clay Co.
A Boston jury has returned an $83 million verdict in favor of a woman who died from mesothelioma against a ceramic art clay company, which her lawyers believe to be the largest asbestos award delivered in the state.
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September 19, 2025
Insurer Seeks Coverage Sublimit For Unbooked Uber Driver
An insurer for Uber told a Texas federal court that it should only owe coverage up to a lower set of limits over an auto collision involving one of its drivers, arguing that a policy with a higher limit only applied once a driver actually accepted a ride request.
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September 19, 2025
Texas Judge Sends Another Buzbee, Jay-Z Suit To State Court
A federal judge in Texas has remanded back to state court a lawsuit accusing Quinn Emanuel Urquhart & Sullivan LLP of trying to destroy well-known attorney Tony Buzbee's reputation in retaliation for a lawsuit in which Buzbee's client accused rapper Jay-Z of child rape.
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September 19, 2025
Mich. Top Court Again Backs Retroactive Auto Reform Limits
The Michigan Supreme Court on Friday reversed a lower state appellate panel's decision in a dispute over whether no-fault reforms enacted in 2019 apply to policies that "straddled" the reform effective dates, pointing to the top court's earlier finding that such policies are subjected to post-reform increased limits for liability.
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September 19, 2025
Trump Can't Use NYT Lawsuit As 'Megaphone,' Judge Says
A Florida federal judge on Friday struck President Donald Trump's 85-page, $15 billion defamation lawsuit against The New York Times, several of its reporters and publisher Penguin Random House, calling the suit "improper and impermissible" and ordering him to refile his claims in a more succinct complaint.
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September 18, 2025
Prospect Medical Says It May Drop Stay On Tort Cases
Counsel for Prospect Medical Holdings on Thursday told a Texas bankruptcy judge that talks to establish a procedure for handling tort claims in the hospital operator's Chapter 11 case have deadlocked, and it's prepared to let hundreds of tort claimants go back to the courthouse.
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September 18, 2025
American Airlines On Hook For $9.6M For Passenger's Stroke
A California federal jury has awarded $9.6 million to an American Airlines passenger who suffered an in-flight stroke resulting in severe injuries, after determining that the airline failed to heed its own guidelines regarding in-flight medical emergencies, according to plaintiffs' counsel.
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September 18, 2025
'My Life Ended In That Car,' Uber Assault Accuser Says
A woman suing Uber over claims a driver sexually assaulted her told a San Francisco jury Thursday that "my life ended in that car" because of the lasting effects of the traumatic attack, and explained tearfully that she gave the driver a five-star review out of fear he'd come after her.
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September 18, 2025
Miami Woman Wins $2M In Hot Dog Fall Suit Against Mall
A Florida state court jury awarded a Miami woman more than $2 million in damages in her lawsuit against a janitorial service company and a local mall, where she allegedly suffered severe injuries after slipping and falling on a partially eaten hot dog on the floor.
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September 18, 2025
Ga. Panel Lifts Bar On Mom's Suit Over Accidental Shooting
The Georgia Court of Appeals has revived a woman's wrongful death suit over her son's accidental shooting while in training as a security guard, overturning a lower court's ruling that her claims were preempted by a liability release in a workers' compensation settlement.
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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.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.