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Personal Injury & Medical Malpractice
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March 02, 2026
Justices Pass On Challenge To $600M Norfolk Southern Deal
The U.S. Supreme Court turned down a push Monday to reconsider objections to a $600 million class settlement between Norfolk Southern Corp. and residents affected by the East Palestine, Ohio, train derailment after the deal was upheld by the Sixth Circuit late last year.
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March 02, 2026
Meta Atty Gets Pushback From Therapist In Social Media Trial
A psychiatrist testifying as an expert for the plaintiff in a landmark bellwether trial over claims Instagram and YouTube harm children's mental health on Monday pushed back on suggestions from Meta's attorney that the plaintiff's parents' purported abuse, neglect and abandonment are possibly responsible for her mental health struggles rather than social media addiction.
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March 02, 2026
Experts Tossed In Heavy Metals Baby Foods MDL
The California federal judge presiding over multidistrict litigation alleging that heavy metals in baby food made by Gerber and others cause autism on Friday axed plaintiffs' experts, finding that their opinions were based on a hypothetical menu that could well have been "cherry-picked" by the families' attorneys.
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March 02, 2026
Ill. Judge Won't Apply Mass. Law To Ethiopian Air Case
A federal judge handling consolidated litigation over Ethiopian Air Flight ET 302's crash said he will apply Illinois rather than Massachusetts law to a case nearing trial, allowing the plaintiffs to seek more compensatory damages.
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March 02, 2026
Undisclosed Witnesses Can Be Excluded, Florida Panel Says
A Florida state appeals court upheld $8.25 million in damages awarded to the estate of a biker killed in a DUI collision, although a full judge panel certified a conflict regarding late-filed witness testimony after ruling that lower courts aren't required to consider whether such evidence harms opposing parties.
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March 02, 2026
3rd Circ. Unsure Criticism Of Prof's DEI Stance Is Defamation
A Third Circuit panel on Monday questioned whether the retraction of a former University of Pittsburgh program director's article criticizing diversity, equity and inclusion was a purely academic debate the courts should avoid, or if statements that it "misrepresented" facts were enough to sustain defamation claims.
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March 02, 2026
Supreme Court Seems To Favor Gun Rights For Pot User
U.S. Supreme Court justices appeared skeptical Monday of government arguments that barring marijuana users from owning guns is legal, pointing out that the government's chosen historical analog, laws disarming drunks, only applied to gun owners who were regularly dangerously intoxicated — qualities not necessarily present in modern cannabis users.
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March 02, 2026
Widower Drops Suit Over Disney Restaurant Allergy Death
A Florida lawsuit over a woman's food allergy death at a Walt Disney World restaurant has been voluntarily dismissed, likely ending a case in which Disney made an unusual attempt to send the case to arbitration pursuant to terms in its video streaming service.
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March 02, 2026
NC Woman Appeals Criminal Contempt After Atty Assault Trial
A woman who claims an attorney drunkenly punched her in the face in a hotel lobby is urging a North Carolina appeals court to undo her jail sentence, arguing that a trial judge wrongly found her in contempt of court after she accidentally violated hearsay rules while testifying.
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March 02, 2026
6th Circ. Upholds 12-Year Stint For Mich. Doc In 'Pill Mill' Case
The Sixth Circuit affirmed the convictions and 12-year prison sentence of a Michigan doctor accused of operating a cash-only "pill mill" that wrote thousands of opioid prescriptions, holding that the trial judge properly handled the jury instructions and key evidentiary rulings.
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March 02, 2026
J&J Unit Wins Bid To Revive Talc Libel Suit With New Basis
A New Jersey federal judge has revived a bankrupt Johnson & Johnson talc subsidiary's trade libel claim over a 2020 scientific article linking asbestos in talc to mesothelioma, finding that new evidence and allegations concerning the authenticity of the author's data are enough to survive a motion to dismiss.
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March 02, 2026
Justices Won't Probe Habeas Power In Racist Voir Dire Case
The U.S. Supreme Court on Monday declined to disturb an Eleventh Circuit ruling granting a new trial to a Black man on Alabama's death row because state prosecutors excluded Black prospective jurors in a racially discriminatory manner.
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February 27, 2026
Otterbourg Chiefs' $20M Suit Against Atty Nixed For Now
A Connecticut federal judge Friday tossed a $20 million lawsuit by Otterbourg's leadership against an ex-partner they allege improperly accessed their personal files, saying New York law applies and that state doesn't recognize an "intrusion upon seclusion" claim, and they can replead with a claim for intentional infliction of emotional distress.
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February 27, 2026
Social Media Trial Judge Threatens Media With Gag Order
The judge overseeing the landmark bellwether trial accusing major social media platforms of harming children's mental health lashed out at the media Friday morning, threatening to issue a gag order because she believed an outlet violated her orders to stay away from jurors in the hallway.
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February 27, 2026
Prairie Farms Hit With $241M Verdict Over Dry Ice Death
An Illinois state jury on Friday awarded $241 million, including $191.5 million in punitive damages, to the family of a man who died while transporting dry ice for a Prairie Farms subsidiary as part of his job as a courier, according to the family's counsel.
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February 27, 2026
Fla. Court Rejects Punitive Damages In Pipe Injury Case
There is no evidence of gross negligence to support punitive damages against a concrete company and its driver for injuring a worker with a pipe in a construction yard, a Florida state appeals court ruled Friday, reversing an order allowing a punitive damages claim.
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February 27, 2026
DC Circ. Revives 'Trespasser' Atty Metro Death Suit
A divided D.C. Circuit panel on Friday revived a negligence suit against D.C. Metro over the 2013 death of a lawyer who was intoxicated when he fell off a subway platform, saying a trial court can reassess what the transit agency might've known about the lawyer's presence or condition in the station.
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February 27, 2026
Czech Search Engine Co. Seeks Arbitration In NJ Privacy Case
A search engine operator based in the Czech Republic that lets users assess security threats on the internet has urged a New Jersey federal judge to allow it to arbitrate a data privacy company's claims in its home country, saying the plaintiff likely agreed to arbitration when accessing its website.
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February 27, 2026
Sunoco Sued Over Pipeline Leak In Philly-Area Neighborhood
Homeowners in a community north of Philadelphia are suing Energy Transfer, PBF Energy, Delta Air Lines and a host of other energy companies, alleging that their negligence allowed a pipeline to leak a "massive" amount of jet fuel that contaminated the soil, drinking water and air, destroying their properties.
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February 27, 2026
Teens Worth $270 Each To Facebook, NM Jury Hears
A marketing professor testified Friday in the New Mexico attorney general's social media mental health trial against Meta that the company calculated young teens' value to Facebook at $270 apiece and created "personas" of users as young as 9 to understand how to better "leverage" them.
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February 27, 2026
Fla. Appeals Court Won't Revive Chick-Fil-A Injury Suit
A Florida state appellate court on Friday upheld a lower court order tossing a case brought by a woman who sued Chick-fil-A after falling off a bench and injuring herself, finding the restaurant didn't owe a duty to warn or reasonably maintain a safe condition.
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February 27, 2026
Court OKs Policy Rescission In Hotel Shooting Coverage Suit
An insurer for a Tulsa, Oklahoma, hotel was entitled to rescind its policy after the hotel was sued in connection with the fatal shooting of a guest by a security guard, a New York federal court ruled, saying the hotel misrepresented the presence of armed guards in its policy application.
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February 27, 2026
Injury Defense Atty Scolded For 'Gotcha' Litigation Tactic
A Florida appellate panel on Friday upheld the dismissal of a car crash suit after plaintiffs' counsel failed to appear at a pretrial hearing due to illness, but also chastised defense counsel for a "gotcha" litigation tactic in not informing the judge of opposing counsel's illness despite knowing about it.
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February 27, 2026
Keep DraftKings Suit In State Court, Baltimore Tells 4th Circ.
Maryland courts should decide whether DraftKings and FanDuel use deceptive and exploitative practices on local residents, attorneys for the city of Baltimore told the Fourth Circuit, saying that the state's power to enforce its consumer protection laws must be upheld.
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February 27, 2026
Texas Justices Have No Home For Zillow's Defamation Row
The Texas Supreme Court on Friday passed on Zillow Inc.'s bid to dismiss a business defamation suit alleging the online real estate marketplace company mistakenly listed a luxury $14 million home as having entered foreclosure.
Expert Analysis
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Conn. Ruling May Help Prevent Abuse Of Anti-SLAPP Statute
If the decision in Aguilar v. Eick, where the Connecticut Appellate Court held that the state's anti-SLAPP statute does not authorize the court to conduct an evidentiary hearing, is reconsidered by the state Supreme Court, it could provide an important mechanism for defendants to prevent plaintiffs from pleading around the reach of the statute, say attorneys at McCarter & English.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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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.