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Personal Injury & Medical Malpractice
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July 18, 2025
Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban
In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.
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July 18, 2025
'Lost Services' Damages OK In Child Death Suits, Court Rules
A mother can pursue damages against a Detroit hospital for the loss of household services she would have received if her infant son had lived to adulthood, even after a recent Michigan Supreme Court ruling narrowed the available recovery, an appellate panel held.
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July 18, 2025
Yale Says Patient Data Breach Suit Lacks Specifics
Yale New Haven Health Services Corp. is urging a Connecticut federal court to toss a proposed class action over a March ransomware attack that allegedly may have affected millions of people, arguing patients haven't shown that the state's largest healthcare system violated any legal duties or contracts.
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July 18, 2025
2nd Circ. Shields Official From NRA's Free Speech Suit Again
A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.
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July 18, 2025
Insurer Asks To Be Freed From Mass Shooting Coverage
A home insurer has told a North Carolina federal court it should not have to cover an underlying lawsuit brought against the parents of a teen mass shooter by victims and family members of decedents, since its policy does not cover intentional acts, among other reasons.
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July 18, 2025
Armstrong Teasdale Adds Former CLO As A Litigator In Miami
A former chief legal officer at professional services company Indelible has joined Armstrong Teasdale LLP as a litigation counsel in Miami.
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July 17, 2025
Facebook Whistleblower Calls Meta Discovery A Smear Job
Facebook whistleblower Frances Haugen on Thursday urged a California federal magistrate judge to limit Meta's discovery in multidistrict litigation over claims that social media is addictive and harmful to children's mental health, saying many of their requests are irrelevant and merely seek to smear her name.
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July 17, 2025
Amtrak Beats Suit Over 2 Boys Killed By Train
A Pennsylvania federal judge Thursday tossed a suit seeking to hold Amtrak liable for the deaths of two boys struck and killed by a train, saying since the boys were trespassing, the company is immune under a state railroad statute.
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July 17, 2025
Exxon Can't Escape Suit Over Benzene-Related Death
Exxon Mobil must face claims that its benzene-containing products caused a former gas station and industrial worker's fatal cancer, a North Carolina federal judge ruled, finding the statute of limitations on his widow's claims started when he was diagnosed and not when he was exposed to the chemicals.
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July 17, 2025
Tesla Driver In Fatal Crash Regularly Ignored Autopilot Alerts
The Tesla driver who killed a woman in a crash in Florida Keys had regularly ignored warnings from the autopilot software to engage with the vehicle and would stop the car to reset the autopilot rather than drive without, a vehicle accident reconstruction expert told jurors Thursday.
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July 17, 2025
How A NJ Clergy Abuse Probe Will Reshape Defense Strategy
The New Jersey Supreme Court has cleared the way for a grand jury to investigate clergy abuse claims, bringing forward a rarely used prosecution tool that experts say will have reverberations on the strategies taken by lawyers representing powerful individuals and institutions even beyond the Catholic Church.
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July 17, 2025
Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert
A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
Greyhound Murder Victim's Family Blames Security Shortfalls
The family of an Indiana man who was fatally stabbed aboard a Greyhound bus traveling from Pittsburgh to Washington, D.C., in 2023 has filed a lawsuit in Pennsylvania state court, claiming the bus company lacked security screening that might have prevented the attack.
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July 17, 2025
Katt Williams Seeks Early Win In Atlanta Assault Case
Katt Williams has asked a Georgia federal judge for an early win in a lawsuit brought by four women who allege they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, arguing the claims are time-barred.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
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July 17, 2025
Amazon Attys Jump To Crowell & Moring In San Francisco
Crowell & Moring LLP has expanded its litigation resources in its San Francisco office with the addition of two former in-house attorneys for Amazon, who bring more than 30 years of combined experience to advise clients on product liability claims.
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July 17, 2025
US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe
A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.
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July 17, 2025
Fla. Jury Awards Ex-State Sen. $100M Over Her Son's Death
A Florida state court jury has awarded a former state senator $100 million in her lawsuit over the wrongful shooting death of her son, finding a Miami condominium, its security contractor and property management company liable for allowing an armed perpetrator to gain access to the premises.
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July 16, 2025
Jane's Addiction Members Clash In Court Over Onstage Fight
Three members of Jane's Addiction on Wednesday sued vocalist Perry Farrell over an onstage altercation they say has destroyed the rock band's reputation and trademark, while in his own suit Farrell claims it is his bandmates who have jettisoned the group's success in favor of bullying him during performances.
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July 16, 2025
Dallas Beats Suit By Motorist Hit By Police Car
Sovereign immunity shields municipalities in instances where their police officers run red lights with their warning sirens off during emergency calls, according to a Texas appeals court, which ruled against a motorist who was hit by a Dallas police patrol vehicle.
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July 16, 2025
Hyatt, Others Beat Sex Trafficking Claims, For Now
A Texas federal judge Wednesday dismissed a suit accusing Hyatt and other hotel operators of knowingly allowing a woman to be sex trafficked, saying the plaintiff failed to properly allege that the hotels knew or should have known of the sex trafficking, but granted leave to try again.
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July 16, 2025
Expert Calls Tesla Autopilot Defective For Lack Of Geofencing
An expert on autonomous systems told jurors Wednesday in a wrongful death suit over a fatal Florida Keys crash that Tesla's autopilot system is defective because the company allows the autopilot to be engaged on roads for which it is explicitly not designed.
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July 16, 2025
Gilgo Beach Killer Case Puts New DNA Science To The Test
The only physical evidence linking the Gilgo Beach serial killings to the defendant, Rex Heuermann, are five hairs that could only be analyzed via a newer technique known as whole genome sequencing, but as the court decides whether the science is jury ready, experts are divided.
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July 16, 2025
Bojangles Insurer Must Cover Settled Rape Suit, Court Rules
A Bojangles franchisee's insurer had a duty to cover it in a now-settled civil lawsuit alleging that a manager at one of the franchisee's locations raped an employee who was a minor, a Georgia federal court ruled Wednesday, finding that one of two coverage forms at issue was triggered.
Expert Analysis
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.