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Personal Injury & Medical Malpractice
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December 01, 2025
Panel Says Plaintiff's 'Confusion' Warrants Injury Trial Loss
A Maryland state appeals court has affirmed a shopping center's midtrial win in a woman's lawsuit over her serious trip-and-fall injuries, finding her "confusion" and memory issues during testimony justified ending the trial early.
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December 01, 2025
Union Pacific Still Can't Upend Worker's $27M Verdict
An Oregon federal judge on Monday refused Union Pacific Co.'s bid to wipe out a $27 million verdict in a suit from an ex-worker alleging he was discriminated against for an injury, saying there was enough evidence to support both the liability finding and the $25 million in punitive damages.
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December 01, 2025
9th Circ. Rejects Asylum Bid From Sikh Party Supporter
An Indian man who says he was assaulted in his home country for participating in a Sikh political party cannot seek asylum in the U.S., the Ninth Circuit ruled Monday, saying he hasn't established persecution, while one judge called for a U.S. Supreme Court "course correction" ironing out the appropriate review standard.
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December 01, 2025
Travelers Asks Texas Court To Allocate $11M Auto Coverage
The Travelers Indemnity Company of America asked a Texas federal court Monday to divvy up $11 million in insurance policy limits to relieve the insurer and the energy company it insured from wrongful death lawsuits following a fatal car crash involving a driver for the company.
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December 01, 2025
NYC Sued Over Killer-Cop's Misconduct In False Convictions
A Brooklyn man who was wrongfully incarcerated for one year after being railroaded by a crooked murderous cop has filed a proposed federal class action against the city of New York on behalf of himself and 134 other people whose convictions were overturned after the former officer's misconduct came to light.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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December 01, 2025
Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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December 01, 2025
Judge Upholds Mich. MedMal Cap, Cuts $8.5M Verdict
A Michigan federal judge has slashed the $8.5 million a jury awarded to the estate of a cancer patient suing over his doctor's treatment decisions to about $615,000, ruling that a state law limiting noneconomic damages in medical malpractice cases is constitutional.
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December 01, 2025
Chewy Can't Strike Negligence Claim In Tripping Death Suit
A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.
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December 01, 2025
Meet The Attys Arguing Gov't Subpoena Power At High Court
Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.
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December 01, 2025
Fla. Jury Rules In Favor Of Megan Thee Stallion Over Deepfake
A Florida federal jury on Monday awarded $75,000 in damages to Megan Thee Stallion in her trial against online personality Milagro "Mobz World" Cooper, ruling that the rapper's reputation was injured over accusations of lying in court and after a deepfake porn video was shared across the internet.
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November 26, 2025
DOJ Asks Court If It Can Release Epstein Files Under New Law
The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.
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November 26, 2025
Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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November 26, 2025
Marshalls Isn't Liable For Shopper's Fall, Calif. Panel Says
California appellate justices refused to revive a lawsuit by a Marshall's customer who tripped and fell after hitting her ankle on a platform behind her while looking at vases on a shelf, pointing out that the customer admitted she wasn't looking at where she was going when she stepped backward.
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November 26, 2025
OpenAI Says ChatGPT Can't Be Blamed For Teen's Suicide
OpenAI hit back at allegations that its ChatGPT artificial intelligence chatbot aided and abetted a California teen's suicide, saying the boy's misuse of the platform caused his actions, according to documents filed in San Francisco County Superior Court.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Disbarred Atty Can't Avoid Judgment In Theft Suit
A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.
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November 26, 2025
Yale Healthcare Workers Lose COVID Vaccine Mandate Suit
A Connecticut federal judge has again thrown out a complaint brought by several current and former Yale New Haven Health Services Corp. workers, who alleged the healthcare system's COVID-19 vaccine mandate violated their constitutional rights, finding they "have failed to plausibly allege sufficient facts that YNHHS acted under color of state law."
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November 26, 2025
Texas Panel Won't Toss Suit Against Houston Over Teen Death
A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.
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November 26, 2025
Conn. High Court Snapshot: Utilities Fight Regulator's Orders
Connecticut Supreme Court justices will spend part of their upcoming term wading into battles between utility companies and the agency tasked with regulating them, which could shape state authority on issues from emergency response requirements to contract interpretation.
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November 26, 2025
Broward Schools Sue Insurer To Cover Parkland Settlement
The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooting at a Parkland high school, the board told a state court.
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November 26, 2025
New Orleans Archdiocese Strikes Deal With Bondholders
The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.
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November 25, 2025
11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal
A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.
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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
Expert Analysis
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Tesla Verdict May Set New Liability Benchmarks For AV Suits
The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire
In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.