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Personal Injury & Medical Malpractice
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August 29, 2025
11th Circ. Backs CNN Win In Dershowitz Defamation Suit
The Eleventh Circuit Friday upheld a Florida federal judge's ruling that freed CNN from Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, saying Dershowitz presented no evidence that the news network acted with actual malice when covering his defense of President Donald Trump's 2020 impeachment trial.
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August 29, 2025
Cellmates Asked To Lie About Law Professor's Death, Jury Told
Jailhouse informants testified Friday that they were asked to lie on behalf of a woman accused of hatching a plot to murder a Florida State University law professor, saying gifts were promised for false information about the case.
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August 29, 2025
Cosby Accuser Will Pursue NJ Assault Claims In NY Suit
An actress who joined the ranks of others accusing actor Bill Cosby of drugging and raping them will drop her New Jersey federal lawsuit over an alleged assault in a Garden State casino and instead press those claims in a New York state lawsuit, according to a stipulation filed Friday.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 29, 2025
Tort Report: Uber's 'Click-Through' Arbitration In Pa. Spotlight
Upcoming oral arguments in a key suit over arbitration terms for Uber passengers and a closely watched medical malpractice case at the Texas high court lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 29, 2025
6th Circ. Won't Revive Women's College Sex Assault Claims
A split Sixth Circuit panel on Thursday upheld the dismissal of claims by two women alleging that a Michigan Christian college failed to properly protect or support them after they were victims of sexual assault on campus, finding that the school didn't have a duty to protect them and that its conduct wasn't "extreme or outrageous" enough to support their claims.
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August 29, 2025
Atty Wants To Pause Law School Loan Case Judgment For Ex
A Florida attorney has asked a Connecticut trial court judge to pause an unjust-enrichment judgment requiring him to repay his ex-girlfriend and mother of his child over $30,000 after the court said she "unwisely" cosigned his law school loans, saying the state judgment must be stayed pending the resolution of a separate federal lawsuit between the onetime couple.
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August 29, 2025
Philly Wants Sanctions For 'Appalling Treatment' Of Counsel
In the wake of a $3 million judgment imposed against the city of Philadelphia in the case of a man who claimed he was shot by police and framed for rape, the city has asked a federal judge to sanction one of the plaintiff's lawyers for allegedly making false accusations that defense counsel were racist and suborned perjury.
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August 29, 2025
Meet The Attys Facing Off In NJ's First Clergy Abuse Trial
A high-powered national plaintiffs litigation firm and several local trial experts will face off soon in New Jersey's first civil suit to go to trial alleging sex abuse claims against the Catholic order behind the Delbarton School in Morristown.
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August 29, 2025
Tesla Tries To Undo $329M Autopilot Crash Verdict
Tesla told a Florida federal judge Friday that a recent $329 million verdict finding its autopilot contributed to a fatal 2019 crash "flies in the face of basic Florida tort law, the due process clause, and common sense," and urged the court to set it aside.
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August 28, 2025
9/11 MDL Families Clear Immunity Hurdle To Sue Saudi Arabia
Saudi Arabia cannot escape claims that kingdom officials helped hijackers who carried out the terrorist attacks of Sept. 11, 2001, a Manhattan federal judge ruled Thursday, finding that victims' families have adequately alleged their claims fall under an exception that waives the kingdom's sovereign immunity.
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August 28, 2025
Pa. Hospital Fraud Suits Barred By $19M Deal, Panel Says
A split Pennsylvania appellate panel on Thursday tossed two suits accusing a hospital of fraudulently inducing plaintiffs to settle a bad birth suit for $19 million by failing to disclose a key document, saying the settlement's release of claims bars the suits.
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August 28, 2025
Ga. Family Loses Sex Assault Suit Over Underage Drinking
The Georgia Court of Appeals said this week a couple can't sue the owner of a home where the couple's teenage daughter was allegedly sexually assaulted, ruling that state law shielded the owner from liability despite allegations he allowed underage drinking at the house.
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August 28, 2025
Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns
Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.
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August 28, 2025
Baltimore Med Mal Atty Appeals $25M Extortion Conviction
A medical malpractice attorney in Baltimore who was convicted in federal court in April of attempting to extort $25 million from the University of Maryland Medical System has asked the Fourth Circuit to review his conviction, saying he was unfit to represent himself at trial.
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August 28, 2025
Roblox, Discord Accused Of Failing To Protect 11-Year-Old
Roblox and Discord have been hit with yet another lawsuit alleging the online platforms aren't safe for children and that they allow predators to groom youth, with the latest complaint filed by a Michigan woman who claims she was only 11 years old when she was exploited by an adult predator.
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Insurer Says No Coverage For Parking Garage Death Suit
An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a New York federal court that another carrier owes coverage instead.
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August 28, 2025
Drug Use, Crimes Not Reasons To Escape $760K Bite Judgment
An Indiana appeals court on Thursday refused to vacate a $760,000 default judgment against a woman who was sued for failing to supervise her dog when it mauled a neighbor, saying that the drug use and criminal proceedings she blames for missing notice of the suit are not excusable neglect.
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August 28, 2025
Philly Must Pay $3M To Man Police Shot, Framed For Rape
The city of Philadelphia must pay $3 million to Termaine Hicks, a man who claimed he was wrongfully incarcerated after police shot and allegedly framed him for a 2001 rape while he attempted to help the victim lying on the ground in South Philadelphia, according to a federal judge's Thursday ruling.
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August 28, 2025
Hartford Cops' Assault Response Reveals Bias, Court Told
The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Fla. Justices Reject Carole Baskin's Defamation Appeal
The Florida Supreme Court declined Thursday to take up the appeal of a decision reviving defamation claims against "Tiger King" star Carole Baskin over statements on YouTube claiming her missing husband's former assistant embezzled $600,000.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
Southwest Flyer Attacked In Viral TikTok Blames Open Seating
A Southwest Airlines Co. passenger who earlier this summer was attacked by an intoxicated fellow flyer in an assault caught on video that went viral on TikTok is now suing the airline and her attacker, blaming Southwest for allowing the "visibly impaired" passenger to board and choose her own seat.
Expert Analysis
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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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.