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Personal Injury & Medical Malpractice
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July 08, 2025
11th Circ. Says Circumstantial Proof Backs Gun Conviction
The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.
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July 07, 2025
Fox Rothschild Seeks To Exit NJ Case Over Litigation Funding
Fox Rothschild LLP urged a New Jersey state court on Monday to toss claims brought by a couple injured in a vehicle crash alleging they were unlawfully steered to cover medical expenses with high-interest loans from the law firm's litigation funder client, saying its involvement was limited to a "tangential, representative role."
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July 07, 2025
9th Circ. Backs Sanctions For Jehovah's Witnesses' Atty
The Ninth Circuit Monday upheld nearly $160,000 in sanctions against the general counsel for a Jehovah's Witnesses group accused of submitting a misleading affidavit to a Montana federal court in litigation brought by women alleging they endured sexual assault as children at the hands of church officials.
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July 07, 2025
Bar Urges NC Court To Affirm Exit From Shooting Suit
A Charlotte-based bar told a North Carolina state appeals court that it bears no blame for a man's fatal shooting at another restaurant, arguing its staff couldn't have foreseen the attack even if they supposedly overserved the shooter hours earlier.
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July 07, 2025
Fla. Panel Upholds Tossing Suit To Unseat Miami Official
A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing.
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July 07, 2025
Ga. Mom Says School District Ignored Athlete Hazing, Assault
A former student-athlete from Georgia and his mother are suing an Atlanta-area school district claiming it ignored hazing and bullying the teen suffered, allowing teammates to attack him in the locker room and strip him naked, according to a federal lawsuit.
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July 07, 2025
Little League Accused Of Ignoring Child Safety Protocols
A group of concerned parents has filed a proposed class action in Connecticut state court against the Little League organization in Ridgefield, alleging not all of its coaches receive the required training in child safety and CPR.
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July 07, 2025
Biggest Illinois Decisions Of 2025 So Far: A Midyear Report
State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.
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July 07, 2025
Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025
The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.
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July 07, 2025
Mich. Top Court Won't Hear COVID-19 Immunity Appeal
A split Michigan Supreme Court has decided to leave in place an appellate panel's ruling that a state pandemic-response law shields a hospital from malpractice and negligence claims brought by a woman who was admitted for COVID-19-related stress, with dissenting justices saying they have concerns with the lower court's rationale.
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July 07, 2025
Mich. Starbucks Customer Drops Hot-Drink Burn Suit
Starbucks Corp. and a customer who suffered severe burns when hot tea spilled on her lap at a Michigan drive-through have confidentially settled her negligence lawsuit, culminating in a dismissal with prejudice in federal court.
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July 07, 2025
Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet
Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.
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July 07, 2025
Well Co. Says Contractor, Liberty Units Must Cover Injury Suit
A well site operator is entitled to defense and indemnity for an underlying injury suit brought by a contractor's employee, the operator told a Texas federal court, saying the contractor and its Liberty Mutual insurers have wrongfully refused coverage.
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July 07, 2025
Uber Is Sued After Driver Allegedly Raped Fla. Bartender
A bartender at a Miami-area restaurant has sued Uber after she allegedly was raped by a driver in November 2023, saying the ride-hailing company failed to use real-time facial recognition to verify the identity of a male driver who was using his wife's account to complete rides.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
MyPillow CEO's Attys Sanctioned Over False AI Citations
Two attorneys for MyPillow CEO Mike Lindell were sanctioned by a Colorado federal judge on Monday over a February brief containing nearly 30 "defective citations" after using artificial intelligence.
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July 07, 2025
Catching Up With Delaware's Chancery Court
In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.
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July 07, 2025
8th Circ. Says Hartford Must Pay Before Chubb In Crash Case
A Chubb insurer does not have to split the responsibility of an underlying $2 million wrongful death settlement with a Hartford unit, the Eighth Circuit has ruled, finding that the Hartford unit's commercial auto policy should pay first since the Chubb policy specifically stated that it was excess over all other insurance.
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July 07, 2025
Pro Se Party Given 'Benefit Of The Doubt' After Conn. AI Filing
An airline worker with ties to American Airlines who is accused of stalking and terrorizing passengers likely used generative artificial intelligence in filings he submitted after defaulting in a federal lawsuit, which include "phantom cases and nonexistent case law," a Connecticut judge has said in a ruling that nevertheless sets aside the defendant's default.
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July 03, 2025
Canadian Pacific Escapes $4M Liability Over Derailed Train Oil
The Eighth Circuit on Thursday erased a $3.95 million judgment against Canadian Pacific Railway over crude oil spilled in a derailment disaster that killed dozens of people and nearly destroyed a Canadian town center, saying a lower court ignored a judgment reduction provision in a negligent train operator's bankruptcy plan.
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July 03, 2025
Truck Crash Case Settles Amid Appeal Of $14M Verdict
Texas trucking companies and an injured driver have settled a nearly decade-old negligence lawsuit, ending a case that initially resulted in an $80 million verdict — later reduced to $13.7 million — but was dramatically reshaped by intervention by the state's highest court.
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July 03, 2025
Ex-Sports Agent Accused Of Trapping Woman As 'Sex Slave'
Jonathan Barnett, once named the "World's Most Powerful Sports Agent" by Forbes, is accused of forcing an Australian woman to serve as his "sex slave," while his sports agency within Creative Artists Agency ignored the "obvious red flags" of abuse, according to a lawsuit filed Wednesday in California federal court.
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July 03, 2025
NJ Panel Declines To Expand Residential Sidewalk Liability
A New Jersey appellate panel declined to expand the principles of sidewalk liability for commercial properties to a residential property that was unoccupied and undergoing renovations on Thursday, backing a lower court ruling that held the property was not used for investment nor to generate a profit.
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July 03, 2025
Ga. Sheriff's Conviction Wins Civil Rights Claim For Detainee
A Georgia federal judge handed an early win Wednesday to a man who said he was one of several detainees tortured by former Clayton County Sheriff Victor Hill, ruling that the "conditions are all met" to decide the civil rights claims based on Hill's criminal convictions.
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July 03, 2025
Hawaii Insurer Claims Defense Failures In Slip-And-Fall Suit
Hiscox Insurance Co. failed to meet its obligation to contribute to a Hawaii-based restaurant property manager's defense against a slip-and-fall suit, the manager's insurer told a Hawaii federal court.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Perspectives
The Reforms Needed To Fight Sexual Abuse By Prison Staff
Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.