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Personal Injury & Medical Malpractice
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September 19, 2025
Ill. Panel Upholds Monsanto's Trial Win In Roundup Case
A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.
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September 19, 2025
Boston Jury Awards $83M Asbestos Verdict Against Art Clay Co.
A Boston jury has returned an $83 million verdict in favor of a woman who died from mesothelioma against a ceramic art clay company, which her lawyers believe to be the largest asbestos award delivered in the state.
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September 19, 2025
Insurer Seeks Coverage Sublimit For Unbooked Uber Driver
An insurer for Uber told a Texas federal court that it should only owe coverage up to a lower set of limits over an auto collision involving one of its drivers, arguing that a policy with a higher limit only applied once a driver actually accepted a ride request.
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September 19, 2025
Texas Judge Sends Another Buzbee, Jay-Z Suit To State Court
A federal judge in Texas has remanded back to state court a lawsuit accusing Quinn Emanuel Urquhart & Sullivan LLP of trying to destroy well-known attorney Tony Buzbee's reputation in retaliation for a lawsuit in which Buzbee's client accused rapper Jay-Z of child rape.
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September 19, 2025
Mich. Top Court Again Backs Retroactive Auto Reform Limits
The Michigan Supreme Court on Friday reversed a lower state appellate panel's decision in a dispute over whether no-fault reforms enacted in 2019 apply to policies that "straddled" the reform effective dates, pointing to the top court's earlier finding that such policies are subjected to post-reform increased limits for liability.
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September 19, 2025
Trump Can't Use NYT Lawsuit As 'Megaphone,' Judge Says
A Florida federal judge on Friday struck President Donald Trump's 85-page, $15 billion defamation lawsuit against The New York Times, several of its reporters and publisher Penguin Random House, calling the suit "improper and impermissible" and ordering him to refile his claims in a more succinct complaint.
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September 18, 2025
Prospect Medical Says It May Drop Stay On Tort Cases
Counsel for Prospect Medical Holdings on Thursday told a Texas bankruptcy judge that talks to establish a procedure for handling tort claims in the hospital operator's Chapter 11 case have deadlocked, and it's prepared to let hundreds of tort claimants go back to the courthouse.
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September 18, 2025
American Airlines On Hook For $9.6M For Passenger's Stroke
A California federal jury has awarded $9.6 million to an American Airlines passenger who suffered an in-flight stroke resulting in severe injuries, after determining that the airline failed to heed its own guidelines regarding in-flight medical emergencies, according to plaintiffs' counsel.
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September 18, 2025
'My Life Ended In That Car,' Uber Assault Accuser Says
A woman suing Uber over claims a driver sexually assaulted her told a San Francisco jury Thursday that "my life ended in that car" because of the lasting effects of the traumatic attack, and explained tearfully that she gave the driver a five-star review out of fear he'd come after her.
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September 18, 2025
Miami Woman Wins $2M In Hot Dog Fall Suit Against Mall
A Florida state court jury awarded a Miami woman more than $2 million in damages in her lawsuit against a janitorial service company and a local mall, where she allegedly suffered severe injuries after slipping and falling on a partially eaten hot dog on the floor.
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September 18, 2025
Ga. Panel Lifts Bar On Mom's Suit Over Accidental Shooting
The Georgia Court of Appeals has revived a woman's wrongful death suit over her son's accidental shooting while in training as a security guard, overturning a lower court's ruling that her claims were preempted by a liability release in a workers' compensation settlement.
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September 18, 2025
Split Court Shields Mich. City From Teen's Drowning Suit
The city of South Haven, Michigan, is immune from the claims of the estate of a man who drowned while swimming in Lake Michigan because the estate failed to establish that an exception to governmental immunity applied, a divided state appeals court ruled.
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September 18, 2025
Mich. Top Court To Weigh Medicare's Role In No-Fault Cases
Michigan's highest court will weigh whether an injured driver who opted out of personal injury protection due to his Medicare coverage must offset his damages by billing the insurance program for accident-related medical expenses in a no-fault dispute.
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September 18, 2025
Pipe Maker Gets 2nd Shot At Bringing Asbestos RICO Claims
An Illinois federal judge has said a Los Angeles pipe manufacturer can bring amended civil racketeering claims over a St. Louis-area law firm's alleged conspiracy to bring meritless asbestos claims, after the company argued information from confidential whistleblowers warranted an attempt to fix earlier pleading deficiencies.
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September 18, 2025
Illinois Woman Loses Suit Over National Forest Hiking Injury
An Illinois federal judge has thrown out a woman's claims against the federal government over injuries she sustained when she cut her leg on a jagged metal post in Shawnee National Forest in southern Illinois, saying the government is immune to some of her claims and there is insufficient evidence to back up the rest.
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September 18, 2025
Circuit Split On Felon Gun Ban Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
Couple Slam NC Defense Attys In Hospital Negligence Appeal
A couple pursuing negligence claims against a local hospital scoffed at the idea that they were lurking on the sidelines waiting to cash in on a favorable outcome in a similar case, telling the North Carolina appeals court to ignore an amicus brief by defense attorneys arguing as much.
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September 18, 2025
OpenAI Faces Liability Test In Suit Over ChatGPT Suicide
A wrongful death suit accusing OpenAI's artificial intelligence tool ChatGPT of aiding a teenager's suicide is set to be a high-stakes test of the responsibilities that AI firms will have toward vulnerable users, particularly minors exhibiting signs of mental distress, attorneys said.
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September 18, 2025
Law Firm Files Fee Suits Over Texas Mass Shooting Litigation
A law firm has launched two separate Texas state court lawsuits alleging it is owed more than $2 million in legal fees for work it performed on behalf of victims of a 2017 mass shooting at a Lone Star State church in Sutherland Springs.
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September 18, 2025
Jay-Z, Buzbee Conspiracy Suits Sent To Texas State Court
A Texas federal judge has sent two conspiracy lawsuits brought by clients of Texas personal injury attorney Tony Buzbee against Shawn "Jay-Z" Carter's company Roc Nation and his attorneys back to state court in Houston, finding the court lacks jurisdiction in the case despite the defendant's argument that law firm Quinn Emanuel Urquhart & Sullivan LLP was "improperly joined."
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September 18, 2025
Uber Says Philly Law Firm, Doctors Fabricated Injuries
Ride-sharing company Uber has accused personal injury firm Simon & Simon PC and a network of healthcare providers of fabricating medical records to inflate accident complaints, according to a RICO suit filed in Philadelphia federal court.
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September 18, 2025
Petrol Co. Seeks Early Win In Benzene Injury Coverage Suit
Three insurers have continued to renege on their duty to defend an underlying lawsuit seeking to hold a New York-based petroleum company liable for a man's multiple myeloma diagnosis, the company told a state court, saying they've already acknowledged that such a duty exists.
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September 17, 2025
Uber Stalled On Women-Only Rides, Jury Hears In Assault Trial
Uber executives pumped the brakes for years on a proposed safety program that would have matched woman drivers with woman riders, fearing legal risks and the potential for a public perception that the service is unsafe for women, a San Francisco jury heard Wednesday in a bellwether sexual assault trial.
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September 17, 2025
Feds Want 3 Years For Girardi Son-In-Law's Chicago Contempt
Tom Girardi's son-in-law should receive a three-year prison sentence for his admitted role in helping the once-celebrated plaintiffs' lawyer steal millions from Lion Air crash victims, federal prosecutors in Chicago argued Wednesday.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
Expert Analysis
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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.
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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.