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Personal Injury & Medical Malpractice
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September 03, 2025
Hartford Beats State Rep.'s Police Bias Suit, For Now
The city of Hartford will not have to face a lawsuit alleging the police mishandled a state representative's sexual assault report, for the time being, with a Connecticut federal judge saying the claims are "conclusory and simply state a legal conclusion" that the department customarily mistreats women and Muslims.
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September 03, 2025
Insurer Escapes Duty To Cover Lab's Suit Over COVID Tests
Continental Casualty Co. is not obligated to cover a Pennsylvania laboratory in an underlying lawsuit brought by a COVID-19 test manufacturer that accuses the lab of neglecting its responsibilities and falsely disparaging its tests, a Pennsylvania federal judge ruled Friday, finding the claims are barred due to two exclusions within the insurer's policy.
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September 03, 2025
Sports Doctor Group Can't Ditch $8.5M Patient Death Verdict
A Connecticut appeals panel won't let surgical group Orthopaedic Sports Specialists PC out of an $8.5 million wrongful death verdict in a suit from the estate of a patient who died after a knee replacement, rejecting its arguments challenging the trial court's handling of witness examination.
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September 03, 2025
US Steel Wants Federal Court To Take Clairton Blast Suits
U.S. Steel claims that litigation by workers injured in an explosion at its Clairton Coke Works facility last month should be handled by a federal court, because federal investigators are overseeing the evidence being demanded by the plaintiffs.
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September 03, 2025
'Ketamine Queen' Pleads Guilty In Matthew Perry Case
The woman known as the "Ketamine Queen" of North Hollywood pled guilty Wednesday in a Los Angeles federal courtroom to providing the ketamine that led to the 2023 death of "Friends" star Matthew Perry and is now scheduled to be sentenced on Dec. 10.
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September 03, 2025
Ford Seeks Exit From Mustang Door Safety Suit
The Ford Mustang Mach-E's user manuals clearly explain how the electric vehicle's automated door latch system operates and a recent recall moots any alleged harm to buyers worried about becoming trapped in the car, the Ford Motor Co. told a California federal judge Tuesday.
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September 02, 2025
Challenging Jury Selection Begins In NJ Clergy Abuse Trial
The first Roman Catholic clergy abuse trial in New Jersey state court began Tuesday, with jury selection highlighting the distinct considerations of voir dire in a case requiring sensitivity for accusers.
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September 02, 2025
Cardi B Cleared In Security Guard Assault Trial
A Los Angeles jury cleared rapper Cardi B of liability Tuesday in an assault suit by a former security guard over a scuffle at a medical building.
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September 02, 2025
Feds Can't Exit Suit Over Fatal USAF Base Wall Collapse
A Georgia federal judge said Tuesday that he won't dismiss a lawsuit from the parents of a teen killed by a collapsing partition wall at Robins Air Force Base, ruling it was too soon to tell if the government's duty to keep up the base infrastructure was a discretionary one.
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September 02, 2025
11th Circ. Upholds 15-Year Sentence In Armed Career Case
The Eleventh Circuit on Tuesday ruled that a man's 15-year prison sentence in a federal firearms case did not violate the equal protection clause of the U.S. Constitution, even though a federal judge used a previous marijuana conviction to enhance the sentence.
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September 02, 2025
Care Facility Not Covered In Patient Death Suits, Insurer Says
An insurer said it has no duty to defend or indemnify a long-term nursing care facility in four wrongful death suits, telling an Illinois federal court that general liability and professional liability coverage is barred by a number of policy exclusions.
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September 02, 2025
Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims
A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.
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September 02, 2025
Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit
A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.
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September 02, 2025
CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits
CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.
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September 02, 2025
Defective Vascular Port Caused Man's Death, Suit Says
The family of a Floridian who died after being implanted with an AngioDynamics Inc. vascular port hit the company with a suit in California federal court alleging that the device is defective and can cause multiple severe injuries including sepsis and death.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
Witnesses Rebut Jail Confession In Fla. Law Prof Murder Trial
Two private investigators testified in Florida state court on Tuesday about meeting with the cellmate of a woman accused of hiring hitmen to kill a law professor, but denied that the inmate ever revealed they were told confessions to any portion of the crime that occurred in 2014.
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September 02, 2025
Sysco Keeps Trial Win In Motorcycle Accident Injury Suit
A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.
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September 02, 2025
Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit
A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.
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September 02, 2025
Rocker Fights YouTuber's Atty Fees After Defamation Loss
The singer for the popular rock band Falling In Reverse is challenging a request that he pay $40,700 in defense attorney fees incurred by a YouTube personality he unsuccessfully sued for defamation, calling the amount unjustified and "grossly disproportionate" to the work that attorneys with Cohen and Wolf PC had to perform.
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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.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.