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Personal Injury & Medical Malpractice
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July 29, 2025
Allianz Owes Coverage For Hot Air Balloon Crash Suits
An Allianz insurer has a duty to defend and indemnify a hot air balloon company facing multiple suits over crashes that injured several passengers under the policy's balloon premises liability coverage, a Wyoming federal court ruled Tuesday.
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July 29, 2025
Sens. Introduce Aviation Safety Bill 6 Months After DCA Crash
Republican senators introduced legislation Tuesday that would mandate aircraft-tracking technology in civilian and military aircraft, alongside fresh audits of Federal Aviation Administration and U.S. Army practices, six months after January's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.
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July 29, 2025
Symetra Gets Final OK On $2.1M Structured Settlement Suit
A Washington federal judge has given final approval to a $2.175 million deal to end allegations that insurance conglomerate Symetra tricked structured settlement recipients into trading their long-term payments for a heavily discounted lump sum.
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July 29, 2025
Worker Caused Own Drunk Driving Death, Conn. Court Told
A woman who died in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked is responsible for her own death because she drank too much and failed to obey traffic laws, the defendants in her estate's lawsuit said in their answer to the complaint.
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July 29, 2025
Seeger Weiss Named Lead Negotiation Counsel In J&J MDL
A New Jersey federal judge overseeing long-running multidistrict federal litigation against Johnson & Johnson over its talcum powder products has appointed Christopher A. Seeger of Seeger Weiss LLP to lead a negotiation team to guide plaintiffs through settlement talks.
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July 29, 2025
Rochester Diocese Judge To Approve $246M Ch. 11 Plan
A New York bankruptcy judge said Tuesday he was prepared to approve the Roman Catholic Diocese of Rochester's $246.4 million settlement of abuse claims in Chapter 11 after survivors voted unanimously to accept the deal.
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July 28, 2025
Patent Damages Explode As Practice Areas See Wild Swings
Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.
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July 28, 2025
EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit
An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.
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July 28, 2025
Tesla Defends Autopilot Technology At Trial Over Fatal Crash
Tesla vehicles with autopilot engaged reported fewer crashes than those without, a Tesla corporate representative told jurors Monday in a trial over a fatal Florida Keys crash.
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July 28, 2025
Smucker, Chubby Snacks End TM Spat Over Uncrustables
J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.
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July 28, 2025
Ga. Appeals Court Sends DOT Crash Case Back For Another Go
Georgia's Department of Transportation can't escape a wrongful death lawsuit over a vehicle passenger killed by a tractor-trailer at an intersection, a state appeals court ruled Monday, saying that a jury has to decide whether overgrown vegetation, which the agency had a duty to trim down, contributed to or caused the crash.
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July 28, 2025
PBMs Can't Escape NY State Law Claims In Opioid MDL
Two UnitedHealth subsidiaries cannot escape claims that they exacerbated the opioid crisis by providing data analytics and consulting services to drugmakers, a federal judge overseeing the multidistrict litigation ruled on Monday, saying the New York state municipalities have adequately alleged RICO by claiming they were part of the same criminal conspiracy.
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July 28, 2025
Ex-Nurse's VA Negligence Case Doubted By Seattle Judge
A Seattle federal judge appeared unconvinced on Monday that a U.S. Navy veteran had proven substandard psychiatric care caused a psychotic episode that led to her stabbing her mother, suggesting key allegations aren't backed by testimony as a bench trial wrapped in her case targeting a U.S. Department of Veterans Affairs doctor.
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
Splenda-Maker Says Emails Show NC Scientist Ignored Data
The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.
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July 28, 2025
Widow Asks 4th Circ. To Revive Freight Broker Claim
A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.
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July 28, 2025
Gun Exclusion Prevents Coverage For Ga. Bar Shooting Suits
An insurer has no duty to defend or indemnify a bar against underlying suits over a shooting that injured several patrons, a Georgia federal court ruled, finding that a firearms exclusion in the bar's commercial general liability policy precludes coverage.
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July 28, 2025
2nd Abbott Baby Formula Bellwether Falls Before Trial
An Illinois federal judge handed Abbott Laboratories summary judgment on Monday in the second bellwether that had been set for trial in multidistrict litigation over allegations its cow's milk-based formula can cause severe gastrointestinal illness in premature babies, while saying she will leave the door open to revive and later try the case.
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July 28, 2025
Seton Hall Beats 2 Basketball Players' Gross Negligence Suit
A New Jersey federal judge on Monday granted Seton Hall University summary judgment in a gross negligence suit filed by two former basketball players, ruling the school's trainers did not depart from the "standard of reasonable care" when treating the athletes' injuries.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
J&J Loses Bid To Probe Beasley Allen Talc Litigation Funding
A special master found Monday there is no reason to believe third-party funders are influencing Beasley Allen Law Firm's decisions in a massive talc litigation in New Jersey, defeating a subpoena from Johnson & Johnson digging into alleged third-party litigation funding.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 28, 2025
Novo Nordisk Faces Possible Mass Tort Over Ozempic In NJ
Over 20 plaintiffs who have sued Novo Nordisk in New Jersey state court alleging its popular weight loss drugs caused them to lose their vision have filed an application to designate their cases as multicounty litigation, according to a notice to the bar posted on Monday.
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July 25, 2025
Social Media Cos. Score Toss Of 2022 Mass Shooting Suit
A divided New York state appeals court on Friday dismissed a lawsuit that sought to hold Meta, Google and other social media companies liable for a fatal 2022 mass shooting that targeted Black people in Buffalo, New York, saying federal law shielded the companies from liability for the shooter's acts.
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July 25, 2025
In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits
A new ruling in West Virginia opioid crisis litigation is revealing sharp divisions among the Mountain State's federal judges regarding a pivotal legal theory, potentially boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug distributors.
Expert Analysis
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.