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Personal Injury & Medical Malpractice
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
Franchisee Owes $3M For Trafficking Deal, Court Told
Counsel for the Wyndham hotel chain told a Philadelphia judge Monday that one of its franchisees should indemnify it to the tune of $3 million stemming from a settlement and attorney fees in a sex trafficking lawsuit involving a subsidiary's hotel in the city.
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August 25, 2025
Albany Diocese Creditors, Insurers Spar On Claim Challenges
Tort claimants have urged a New York bankruptcy judge not to hear insurers' objections to claims in the Chapter 11 of the Roman Catholic Diocese of Albany, challenging the companies' position they have a financial stake in the court's decision on whether to allow the claims.
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August 25, 2025
Ex-Wife Testifies On Custody Dispute Before Fla. Prof's Death
The ex-wife of a slain Florida State University law professor testified Monday about the dispute for custody of her children, recalling suggestions of dressing her kids in Nazi uniforms in emails from her mother, who is on trial for orchestrating the plot to have the ex-husband murdered by hired assassins.
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August 25, 2025
Atlanta-Area Hotels Failed To Stop Sex Trafficking, Suit Says
A group of Atlanta-area hotel owners and operators, including Ritz-Carlton Buckhead, were sued in Georgia federal court by a woman who alleged that they did nothing to prevent her from being trafficked for sex as a minor even at their properties though the signs were blatant.
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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.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.