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Personal Injury & Medical Malpractice
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August 01, 2025
Judge Denies Memphis Bid To Sanction Tyre Nichols' Lawyers
A Tennessee federal judge has decided not to issue sanctions against high-profile civil rights lawyers Ben Crump and Antonio Romanucci over a press release that claimed a civil lawsuit against the city over the police beating death of Tyre Nichols would not bankrupt the Memphis government because the city's insurance would foot the bill.
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August 01, 2025
3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit
A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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August 01, 2025
4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11
The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.
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August 01, 2025
Tesla Hit With $329M Verdict In Trial Over Fatal Autopilot Crash
A Miami jury in a highly publicized trial over Tesla's autopilot on Friday found the product to be defective and awarded $329 million in damages to the loved ones of a woman killed in a 2019 Florida Keys crash.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
CSX Settles Derailment Suit With NC Mine On Eve Of Trial
CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.
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July 31, 2025
Justices Told State Med Mal Laws Fly In Federal Court
A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."
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July 31, 2025
Plaintiffs Seek $345M For Fatal Crash In Tesla Autopilot Trial
The plaintiffs in a suit seeking to hold Tesla accountable for a fatal crash in the Florida Keys asked jurors Thursday to award $345 million in damages for putting out an allegedly defective autopilot product into the market.
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July 31, 2025
NTSB Hearing Probes Air Traffic Control In DCA Collision
Air traffic controllers often juggled both helicopter and fixed-wing plane traffic at Ronald Reagan Washington National Airport, trusted pilots to use their own judgment to visually maintain safe distances from other planes in certain situations and adopted a "just make it work" approach, according to details from the National Transportation Safety Board.
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July 31, 2025
Georgia Court Panel Revives Woman's Bus Injury Suit
A commuter who filed a personal injury lawsuit against an Atlanta-area bus company two years and two days after she was injured did not run afoul of Georgia's statute of limitations, a state appeals court ruled on Thursday, saying the law gives plaintiffs additional time when the last day would technically fall on a weekend.
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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.
Expert Analysis
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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.
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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.