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Personal Injury & Medical Malpractice
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November 07, 2025
Firm Accused Of Abusive Fee Bid In Texas Mass Shooting Suit
A law firm's request for $1.7 million in legal fees related to a 2017 mass shooting in a Texas church has been slammed as "morally wrong and abusive" in a sanctions motion alleging another court has already decided the firm is only entitled to a fraction of that amount.
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November 07, 2025
Penn State Hit With Defamation Suit By Ousted Trustee
A former member of the Pennsylvania State University Board of Trustees said board executives defamed him and retaliated against him for his efforts to review matters they claimed were outside his purview as a board member, according to a lawsuit recently removed to federal court.
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November 07, 2025
Couple Says Pilot's Reckless Flying Caused Helicopter Crash
An operator of air ambulance helicopters allowed one of its pilots to make "dangerous, careless, and reckless" flight decisions that resulted in a 2023 crash in the mountains of North Carolina during a patient transport, a couple has alleged in a new lawsuit.
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November 06, 2025
Wash. Justices Spurn Alaska Airlines' Worker Illness Stance
The Washington Supreme Court on Thursday sided with an Alaska Airlines employee who caught COVID-19 while traveling on the job, rejecting the employer's attempt to distinguish an occupational disease covered by state workers' compensation law from any sickness that develops during a work trip.
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November 06, 2025
Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines
Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.
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November 06, 2025
Tom Girardi's Brother, Bankruptcy Trustee Settle Legal Fees
The brother of disgraced attorney Tom Girardi and the trustee for their now-defunct law firm, Girardi Keese, have reached an agreement resolving John Girardi's claim seeking legal fees for cases he worked on after leaving the firm, the trustee told the California bankruptcy court.
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November 06, 2025
NJ Panel Says Med Mal Death Suit Wrongly Tossed
A New Jersey state appeals court on Thursday reinstated a woman's wrongful death suit against a Wayne hospital, finding the trial court misapplied precedent when it found her affidavit of merit was insufficient for not naming the specific employees she claims were negligent.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
Insurers Say Contractor's $7M Default Ruling Not Covered
Two Nationwide insurers said they have no obligation to cover a $7 million default judgment entered against a contractor in an underlying suit over a plumber's head injury, telling an Illinois federal court that the contractor failed to report the incident prior to the judgment being entered.
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November 06, 2025
Family Sues UF Hospital Over Toddler's Potassium Overdose
The family of a 2-year-old who died at Shands Hospital at the University of Florida filed a lawsuit Thursday claiming the hospital staff made a number of preventable medical errors, including over-administering potassium, which led to a fatal heart attack.
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November 06, 2025
Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case
A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.
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November 06, 2025
NC Panel Says Juror's Date Request Didn't Prejudice Case
An incident in which a juror asked a witness out on a date mere minutes after she left the stand didn't prejudice a woman who was later granted a new trial, a split North Carolina state appeals panel said as it vacated a lower court's decision.
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November 06, 2025
NC Judge Mulls Returning Mexico Death Suit To State Court
A North Carolina federal judge wants to know why he shouldn't boot a wrongful death case involving a Charlotte woman who was allegedly murdered on vacation in Mexico back down to state court after tossing the U.S. State Department and the Federal Bureau of Investigation from the suit.
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November 06, 2025
Towing Co. Appeals Motorcyclist's $45M Crash Verdict
A Connecticut towing company has challenged a judge's decision to leave intact a $45 million award to a Marine Corps reservist who was paralyzed in a motorcycle crash, elevating the case to the state's intermediate-level appeals court.
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November 05, 2025
Mich. Justices Hint At 2nd Chance For Female Inmates' Suit
The Michigan Supreme Court seemed sympathetic to female inmates of Detroit's county jail who want to refile a class action alleging pervasive harassment during strip searches, though a named plaintiff's death put a wrinkle in Wednesday's arguments.
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November 05, 2025
6th Circ. Scraps Objections To $600M Train Derailment Deal
The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts.
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November 05, 2025
9th Circ. Backs LA In Shop Destroyed In Police Raid
Los Angeles won't foot the bill for a retail store damaged by police who fired tear gas into the shop during a standoff with an armed fugitive, the Ninth Circuit ruled in a published opinion, saying "just compensation" isn't necessary because the assault was done to protect the public.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Ethiopian Air Crash Warrants Substantial Award, Jury Hears
The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.
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November 05, 2025
Everclear Maker Wants Plaintiff's Atty Gagged For Harassment
Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.
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November 05, 2025
Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.
A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.
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November 05, 2025
Appeals Court Won't Kick SpaceX Sex Bias Suit To Arbitration
A California appeals court backed a trial court's refusal to force arbitration of a former SpaceX employee's suit claiming her boss forced her into a sexual relationship in exchange for career advancement, finding her claims were protected by a law barring mandatory out-of-court resolution for sex misconduct cases.
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November 05, 2025
Home Depot Must Face False Arrest Suit, Fla. Panel Says
A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.
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November 05, 2025
Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit
A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
Expert Analysis
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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.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.