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Personal Injury & Medical Malpractice
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October 16, 2025
US Chamber Says $1B Smoking Verdict Shows Safeguards Needed
The U.S. Chamber of Commerce is urging the Supreme Judicial Court of Massachusetts to overturn a $1 billion punitive damages verdict against Philip Morris USA Inc., saying the magnitude of the sum shows safeguards are needed in cases involving punitive damages.
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October 16, 2025
Boeing Can't Ax Witness Ahead Of 737 Trial
A LOT Polish Airlines' expert witness will testify as to how much money the airline lost when it was forced to ground its fleet of 737 Max jets following two fatal crashes, a Washington federal judge has ruled, denying Boeing's bid to block the testimony during the upcoming Nov. 3 trial.
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October 16, 2025
Judge Denies Exit Bids In Gas Leak Explosion Coverage Row
A Liberty Mutual unit can still seek to avoid defending an ongoing lawsuit against a manufacturer of cannabis products and others over a fatal gas leak explosion, an Oregon federal court ruled, rejecting the property owners' and manager's position that the claims they face fall outside the scope of a marijuana exclusion.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
NH Youth Centers Seek Coverage In Hundreds Of Abuse Suits
Two youth treatment centers accused an insurer Thursday of refusing to provide full coverage for hundreds of suits claiming that the centers mistreated children in their care, telling a New Hampshire federal court that the insurer wrongfully limited coverage to $1 million.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Fla. Hospital Seeks To Slash $70M Verdict, Cites Medicaid Cap
Tampa General Hospital is asking a Florida state court to slash more than $50 million from a $70 million award to a 42-year-old woman whose stroke went undiagnosed at the hospital, arguing that state law caps noneconomic damages awards for Medicaid recipients.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
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October 16, 2025
Hospital Insurer Seeks Ch. 15 After NY Child Abuse Claims
Northeast Insurance Co., a captive insurer for several hospitals and a Jewish nonprofit, asked a New York bankruptcy judge for Chapter 15 recognition of its Bermuda liquidation filing, saying it was rendered insolvent by claims stemming from the state's Child Victims Act.
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October 16, 2025
School, Priest Avoid Punitive Damages In Clergy Abuse Case
The New Jersey state court jury that awarded $5 million in compensatory damages to a man who claimed he was sexually assaulted by a priest when he was a 15-year-old student at a prestigious Catholic prep school in Morristown declined on Thursday to impose punitive damages.
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October 15, 2025
Ex-Angels Exec Denies Knowing 'Erratic' Staffer Sold Drugs
A former executive with the Los Angeles Angels denied on the witness stand Wednesday in a lawsuit over star pitcher Tyler Skaggs' overdose death that he was aware the team's then-communications director was selling drugs to players or had an illegal drug problem, but did say he displayed "erratic" behavior.
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October 15, 2025
Fla. Bar Can't Escape $1.6M Default Judgment In Injury Case
A split Florida appellate panel Wednesday affirmed a $1.6 million default judgment against a bar that had been sued over a woman's injuries, saying the drinking establishment's arguments about the lawsuit being served on a mystery woman named "Georgia" were meritless.
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October 15, 2025
Justices Allow Federal Gov't To Argue In Army Vet Injury Suit
The federal government has been allowed to weigh in on whether a U.S. Army veteran can revive his state-based injury claims against a military defense contractor in connection with a 2016 suicide bombing in Afghanistan, the U.S. Supreme Court announced.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Boy Scouts Claimants Look To Remove Slater, Citing Probe
Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.
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October 15, 2025
BofA, BNY Mellon Accused Of Enabling Epstein's Crimes
Bank of America and the Bank of New York Mellon Corp. are the latest banks accused of enabling Jeffrey Epstein's sex trafficking enterprise and failing to timely report the late sex offender's suspicious transactions, according to a pair of proposed class actions filed Wednesday in New York federal court.
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October 15, 2025
Ga. Justices Revive Suit Over L'Oréal Hair Relaxer Health Risks
The Georgia Supreme Court reversed a decision by the state's Court of Appeals that barred a woman's suit alleging that chemicals in hair relaxers made by L'Oreal USA Inc. and Strength of Nature Global LLC caused her to develop uterine fibroids.
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October 15, 2025
Travelers Unit Says Liberty Can't Recoup Injury Suit Costs
A Travelers unit said it doesn't owe two Liberty Mutual insurers over $2 million in defense and indemnity costs incurred in an underlying injury suit against their mutual insured, telling a New York federal court the other carriers are passing off the bill after "unilaterally and strategically" settling the case.
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October 15, 2025
10th Circ. Restores Asylum Grant In 10-Year Immigration Fight
A Tenth Circuit panel said a Honduran woman and her two children can remain in the U.S., ruling that the Board of Immigration Appeals misstepped when it overturned their grant of asylum for a second time in 10 years.
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October 15, 2025
2nd Circ. Won't Block NY Ammo Sales Background Check Law
The Second Circuit on Wednesday decided not to block enforcement of a New York law requiring background checks for ammunition sales, finding the "mere inconveniences" of a potential delay and a $2.50 fee don't meaningfully constrain the plaintiffs' Second Amendment rights.
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October 15, 2025
Syracuse Diocese Gets OK For More Insurance Settlements
A New York bankruptcy judge Wednesday approved nine remaining settlements with insurance companies for the Roman Catholic Diocese of Syracuse as part of its Chapter 11 plan, following her approval of two earlier deals with insurers in August.
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October 15, 2025
Geico Says Cos. Owe $415K For Fraudulent Med Gear Scheme
A group of Geico auto insurers told a New York federal court that they are entitled to recoup $415,000 from companies that they allege submitted hundreds of fraudulent no-fault insurance claims, totaling over $1.25 million, for unnecessary durable medical equipment.
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October 14, 2025
LA Angels Go To Trial Over Pitcher Skaggs' Fatal Overdose
The Los Angeles Angels contributed to the 2019 drug overdose death of star pitcher Tyler Skaggs by failing to stop their communications director from selling drugs to players, counsel for Skaggs' family told a California jury Tuesday during opening statements in its wrongful death suit.
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October 14, 2025
GC Tells NJ Jury No Punitive Damages For Clergy Accuser
The general counsel for an elite Catholic prep school told a jury in New Jersey state court on Tuesday that it precluded punitive damages for a victim of clergy abuse when it returned a $5 million verdict on compensatory damages last week.
Expert Analysis
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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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.