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Personal Injury & Medical Malpractice
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
MiMedx, FDA Ordered To Rework Args In Wound Care Case
Biomedical company MiMedx Group Inc. and the U.S. Food and Drug Administration have been ordered to reframe their briefs in a suit in which the company seeks to overturn the agency's classification of a wound care treatment as a biological product.
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September 25, 2025
Pa. Justices Reject 'Key Witness' Test In Forum Swap
The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.
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September 25, 2025
Norfolk Southern Can't Escape Rockslide Derailment Suit
A Pennsylvania federal judge on Thursday denied Norfolk Southern Railway Co.'s bid to throw out a suit by a conductor and engineer over injuries they suffered when their train derailed, saying they've put forth enough evidence that a jury could conclude the railway should've been better prepared for a rockslide.
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September 25, 2025
Atty's 'Horrible' Mistake Rooted In Firm Biz, NJ Justices Hear
Former Sacks Weston attorney Scott Diamond's counsel urged the New Jersey Supreme Court on Thursday to refrain from disbarring him for fraudulently resolving cases behind his former firm's back, arguing during a hearing that his actions stemmed from a "bona fide" business dispute.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
US Olympic Org Beats Paralympian Abuse Coverage Dispute
A Colorado federal court tossed an insurer's suit seeking to escape coverage for an underlying sexual abuse case against the U.S. Olympic and Paralympic Committee, saying the organization has no state citizenship for purposes of diversity jurisdiction.
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September 24, 2025
Boies Schiller Partner Admits AI Errors In Scientology Case
A Boies Schiller Flexner LLP partner representing women who allege the Church of Scientology harassed them for reporting convicted actor Daniel Masterson's sexual assaults has asked a California appeals court to strike a brief containing artificial intelligence-generated citation errors, saying he "very much regrets" the errors, but they shouldn't impact his clients' case.
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September 24, 2025
Ex-Lyft Lobbyist Testifies For Uber In Sex Assault Trial
California has established model safety standards for the ride-hailing industry and Uber has exceeded those standards, a former lobbyist for Lyft told jurors Wednesday in a bellwether trial over claims Uber negligently failed to put sufficient measures in place to prevent sexual assaults by its drivers.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ga. Panel Reverses Early Win In Ambulance-Mower Crash
A Georgia appellate panel revived a negligence claim Wednesday from a man who said he was hit by a speeding ambulance while crossing a road in his lawn mower, rejecting a trial court's finding that there was "no evidence" the ambulance driver was at fault.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
9th Circ. Says Insurer's Removal Effort Was Reasonable
An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.
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September 24, 2025
Binance Founder Not Properly Served In Terror Case: Judge
Victims of the October 2023 attack in Israel suing Binance for allegedly abetting the attack have been denied permission to serve the cryptocurrency exchange's founder by alternative means, after a D.C. federal judge ruled that their "relatively minimal effort" to serve him via conventional means wasn't enough.
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September 24, 2025
Pharmacies Labeled As Gatekeepers In Fla. Opioid Trial
A medical doctor who testified Wednesday in a Florida state court trial against Walgreens, Walmart and CVS over their alleged conspiracy to push addictive painkiller drugs characterized their pharmacists as gatekeepers in dispensing the medications, saying they had the ability to break the pharmaceutical companies' ability to make money off the opioid epidemic.
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September 24, 2025
Bank Says It's Being Blocked From Settlement Fund Market
Flatirons Bank has sued Eastern Point Trust Co. in Wyoming federal court for allegedly blocking competition in the market for qualified settlement fund services by threatening baseless litigation and falsely claiming that Flatirons' platform copies its own offering.
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September 24, 2025
Calif. Panel Won't Upend $1M Motorcycle Crash Verdict
A California appeals panel won't order a new trial or disturb a $1 million verdict awarded to a man who fractured his pelvis and arm in a motorcycle accident, with the justices rejecting the other driver's arguments that evidence was wrongly excluded from the trial.
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September 24, 2025
Sen. Questions FAA's Proposed $3M Boeing Safety Fine
U.S. Sen. Richard Blumenthal is seeking answers from the Federal Aviation Administration on the calculations behind a proposed fine of $3.1 million against Boeing for safety violations that led to last year's Alaska Airlines door plug incident, and has told the agency the penalty would amount to a "rounding error" for the aerospace giant.
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September 24, 2025
Woman Must Arbitrate Suit Against Verizon Over Stalker
A North Carolina federal judge has sent to arbitration a woman's suit against Verizon Communications Inc. alleging it handed her personal information over to her stalker, saying her claims against the company are not subject to a federal law precluding arbitration for sexual harassment claims.
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September 24, 2025
American Airlines, US Gov't Sued Over Potomac Crash
A new wrongful death complaint brought by the wife of an American Eagle Flight 5342 victim names both American Airlines and the United States government as liable in the "wholly avoidable tragedy" that killed 67 people on the Potomac River in January.
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September 24, 2025
Firm Sues For $1.7M Fees In Texas Mass Shooting Case
A Texas law firm is stepping up its litigation efforts to recover $1.7 million in fees it claims it is owed for work performed on behalf of victims of a 2017 mass shooting at a church in Sutherland Springs, namely by filing its third lawsuit in state court this month.
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September 24, 2025
Primary Carrier Failed To Settle Before $3M Verdict, Suit Says
A Berkshire Hathaway unit serving as primary insurer for a commercial property owner failed to adequately defend the owner in a worker injury lawsuit, exposing both the owner and its tenant to a $3 million jury verdict, an excess insurer told a Florida federal court.
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September 24, 2025
SharkNinja Gets Expert, Suit Alleging Blender Injury Tossed
A Colorado federal judge has given SharkNinja Operating LLC a win in a suit alleging one of its blenders spilled hot contents onto a woman because of a design defect, finding her expert's opinions were unreliable and inadmissible.
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September 23, 2025
OTC Drug Co. Must Face Shampoo Cancer Risk Class Action
A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.