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Personal Injury & Medical Malpractice
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October 02, 2025
Attys Get Mixed NJ Discipline After Fraud Convictions
The New Jersey Supreme Court has disbarred ex-Sacks Weston attorney Scott Diamond from the practice of law in the Garden State following his conviction for fraudulently resolving cases behind the back of his old firm, according to filings issued Thursday.
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October 02, 2025
UChicago Medicine Ducks Class Claims In Patient Privacy Suit
A UChicago Medicine patient can move forward with amended privacy violation claims over the medical center's allegedly illegal use of Meta pixel tracking tools but must leave her class allegations behind, given an agreement she entered between pleadings, an Illinois federal judge ruled.
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October 02, 2025
NY-NJ Port Authority Keeps Win In Worker COVID Death Case
A New Jersey state appeals court won't revive a widow's suit against Port Authority Trans-Hudson Corp. alleging that its negligence led to her husband dying of COVID-19 in the early days of the pandemic, saying the trial court rightly excluded her expert's opinion and the death certificate from evidence.
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October 01, 2025
Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries
A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.
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October 01, 2025
Ill. Jury Awards $67M In Panera Truck Crash Case
An Illinois jury has awarded $67 million to the families of two people who were killed and a man who was severely injured in a 2018 crash where a car hit a Panera Bread truck and then struck a third vehicle head-on.
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October 01, 2025
Ga. Panel Revives Injury Suit Alleging IV Mixup Against Emory
The Georgia Court of Appeals on Wednesday revived a woman's lawsuit against a group of registered nurses and Emory Healthcare Inc., in which she alleged her left hand had to be amputated after she was given medication through an IV line there instead of a larger vein.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable
The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.
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October 01, 2025
Conn. Diocese Attys Slam US Trustee's $3.1M Fee Complaint
The Norwich Roman Catholic Diocesan Corp.'s attorneys at Ice Miller LLP and Robinson & Cole LLP, along with other bankruptcy advisers, have disputed a U.S. Trustee's claims that nearly $3.1 million in combined professional fees were not actual, necessary and reasonable in light of a mediator's efforts.
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October 01, 2025
Truck Seller Can't Escape Injury Suit As 'Mere Conduit'
A North Carolina federal judge won't let hydrovac truck seller Trans-West Inc. escape an injury suit from a worker who alleges he was injured by hot mud from a truck it sold to his employer, finding that the company was no "mere conduit" in the sale.
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October 01, 2025
Nirvana Defeats Child Pornography Case Over Album Cover
A California federal judge has ended a case over child pornography claims brought by a man who was depicted as a naked infant on the cover of Nirvana's 1991 album "Nevermind," saying he was having "a difficult time understanding" the argument that the image depicted the plaintiff as a sex worker reaching for a dollar.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Ex-School GC Beats Charge Of Violating Grand Jury Secrecy
A split Florida state appellate panel on Wednesday called for tossing an indictment against a former school district general counsel for violating the secrecy of a grand jury related to a 2018 mass shooting, finding that the statewide grand jury that charged her did not have the authority to do so.
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October 01, 2025
Napoli Shkolnik Beats Atty's Abandoned Bias Suit
The former head of Napoli Shkolnik PLLC's personal injury group has lost the bias lawsuit she filed against the firm on procedural grounds, with a federal judge in Manhattan finding the lawyer presented "literally no admissible evidence" backing up her racial discrimination claims.
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October 01, 2025
Airbus Beats Ex-JetBlue Worker's Suit Over Toxic Fumes
A New York federal judge on Tuesday tossed a suit brought by a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes on an Airbus plane, finding that her suit was filed too late despite a COVID-19 extension on bringing claims.
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October 01, 2025
Cozen O'Connor Adds Healthcare Litigator To Philly Office
An attorney with more than three decades of experience representing healthcare providers in litigation matters has recently moved his practice to Cozen O'Connor's Philadelphia shop.
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October 01, 2025
Ga. Panel Backs Doctors In Brothers' Suit Over Mom's Death
A Georgia appeals panel has sided with a pair of doctors and their employers in a suit by brothers alleging a failure to quickly diagnose their mother before she was paralyzed, saying the trial court did not incorrectly instruct the jury on the definition or application of gross negligence.
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September 30, 2025
Combs Loses Bid To Escape Prostitution-Related Conviction
A New York federal judge on Tuesday denied Sean "Diddy" Combs' request to undo his criminal conviction for transporting two of his former girlfriends for prostitution, allowing sentencing for the hip-hop mogul to move forward on Friday.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
Texas Court Upends $13M Home Care Car-Train Crash Verdict
A Texas appeals court has vacated a $13 million verdict against a home care provider over a car-train crash that killed one of its clients and injured his wife, saying the trial court instructed the jury incorrectly and the evidence did not show that the provider's employee was acting in the course and scope of her employment.
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September 30, 2025
Murdaugh's Banker Sentenced To 60 Months After Guilty Plea
The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.
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September 30, 2025
No New Trial For Donna Adelson In Murder Of Law Professor
Donna Adelson, who was convicted of killing her former son-in-law, law professor Dan Markel, in a murder-for-hire plot, cannot have a new trial or interview a juror who made a TikTok post, a Florida state judge has ruled, refusing to disturb the verdict.
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September 30, 2025
Shimano Still Has To Face Bike Injury Lawsuit In RI
Japanese bicycle parts manufacturer Shimano Inc., which has no physical presence in Rhode Island, can't escape a product liability lawsuit filed by a cyclist who claims its defective brake lever impaled his leg during a fall, a federal judge ruled Monday, saying the court has jurisdiction over the company because it made "deliberate efforts to serve the Rhode Island market."
Expert Analysis
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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.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.