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Personal Injury & Medical Malpractice
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July 31, 2025
Segway Slapped With Class Suit Over E-Scooter Fall Hazard
Segway Inc. was hit with a proposed class action in Washington federal court on Thursday by a consumer who claims the company sold more than 200,000 electric scooters with a dangerous defect that puts riders at risk of falling and failed to adequately address the issue during a recall.
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July 31, 2025
Calif. Med Mal Law Can't Apply To Ambulance Crash Suits
The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.
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July 31, 2025
Amazon Customer Can't Nix Defenses In 'Bling' Blinding Suit
A California federal judge largely denied a woman's bid for an early judgment on Amazon.com Servies LLC's defenses and some claims in her suit alleging she was blinded in one eye by a "sparkly bling" steering wheel accessory when her airbag deployed in a collision.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Injured Motocross Rider's Negligence Suit Teed Up For Trial
A Florida federal judge has denied summary judgment in a lawsuit accusing a motocross event organizer of negligence after an accident at a Supercross Championship race left a professional rider paralyzed, ruling issues of material fact still exist regarding the reach and applicability of the waivers he signed.
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July 31, 2025
8th Circ. Says Firm's Conspiracy Suit Wrongly Tossed
The Eighth Circuit on Thursday revived a law firm's suit alleging that the defendants in a wrongful death suit conspired to have the firm withdraw from that suit after raising false accusations, saying the trial court "took a trip back in time" to an older interpretation of court doctrine.
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July 31, 2025
1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge
The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.
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July 31, 2025
Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit
A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.
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July 31, 2025
MSG Makes Play For $1.5M Fees In Oakley Dispute
Madison Square Garden is seeking $1.5 million in attorney fees from former New York Knicks player Charles Oakley, laying out the efforts it took to uncover Oakley's efforts to destroy text messages connected with his long-running assault and battery suit against the arena.
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July 31, 2025
Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing
The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.
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July 30, 2025
Walmart Hoverboard Fire, Injury Case Ends After AI Scandal
A Wyoming family of five that sued Walmart after a hoverboard they bought exploded, destroying their home and causing serious burns, has agreed to permanently end litigation in a case marred by plaintiffs counsel getting caught pushing case law "hallucinated" by artificial intelligence.
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July 30, 2025
No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says
A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.
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July 30, 2025
NTSB Hearing Probes Helicopter Risks In DCA Collision
The U.S. Army helicopter involved in January's deadly midair collision over the Potomac River was flying almost 100 feet higher than it should've been near one of the capital area's busiest airports according to testimony as the National Transportation Safety Board on Wednesday examined equipment and operational lapses tied to the accident.
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July 30, 2025
Virgin Atlantic Avoids $1M Default In Food Poisoning Suit
A California appeals court won't reinstate a $1 million default judgment against Virgin Atlantic Airways Limited in a suit by a man who alleged he got food poisoning on a flight, saying he did not properly serve the complaint on the company.
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July 30, 2025
Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit
A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.
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July 30, 2025
RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict
A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.
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July 30, 2025
4th Circ. Backs Farm Worker's $2.5M Award For Amputation
The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.
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July 30, 2025
Landlords Not Covered For Lead Exposure Suit, Insurer Says
An insurer has no duty to defend or indemnify property owners accused of negligently renting out an apartment with hazardous levels of lead that injured a child, the carrier told an Illinois federal court, saying the owners' policy bars coverage for bodily injury caused by lead.
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July 29, 2025
Trump Admin Says UCLA Didn't Protect Jewish Students
The U.S. Department of Justice said Tuesday that it determined that the University of California, Los Angeles, violated civil rights laws by failing to "adequately respond" to harassment and abuse that Jewish and Israeli students faced on its campus following the war in Gaza.
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July 29, 2025
Fed. Circ. Backs Rejection Of Man's HPV Vaccine Claims
A man who claimed vaccines he received as a teen, including one meant to guard against HPV, caused him to develop inflammatory bowel disease will receive no payments under the National Vaccine Injury Compensation Program, the Federal Circuit ruled on Tuesday, affirming a determination that his theory that vaccines caused his illness is unsupported.
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July 29, 2025
Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case
A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.
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July 29, 2025
Mass. Appeals Court Won't Overturn $6.6M Fatal Stroke Award
A Massachusetts appellate panel on Tuesday declined to toss a $6.6 million medical malpractice award in a suit accusing a physician of causing a patient's fatal stroke, saying certain instructions did not unfairly influence the jury.
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July 29, 2025
Ga. Jury Awards $18M In Heart Attack Trial
A Georgia state jury on Tuesday said a cardiovascular practice and a colorectal practice together owe $18.3 million to the family of a man who had a heart attack and ultimately died after two doctors allegedly failed to communicate about his heart health prior to a surgery.
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July 29, 2025
9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits
A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.
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July 29, 2025
Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'
The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.
Expert Analysis
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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.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.