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Personal Injury & Medical Malpractice
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October 01, 2025
Ill. Jury Awards $67M In Panera Truck Crash Case
An Illinois jury has awarded $67 million to the families of two people who were killed and a man who was severely injured in a 2018 crash where a car hit a Panera Bread truck and then struck a third vehicle head-on.
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October 01, 2025
Ga. Panel Revives Injury Suit Alleging IV Mixup Against Emory
The Georgia Court of Appeals on Wednesday revived a woman's lawsuit against a group of registered nurses and Emory Healthcare Inc., in which she alleged her left hand had to be amputated after she was given medication through an IV line there instead of a larger vein.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable
The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.
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October 01, 2025
Conn. Diocese Attys Slam US Trustee's $3.1M Fee Complaint
The Norwich Roman Catholic Diocesan Corp.'s attorneys at Ice Miller LLP and Robinson & Cole LLP, along with other bankruptcy advisers, have disputed a U.S. Trustee's claims that nearly $3.1 million in combined professional fees were not actual, necessary and reasonable in light of a mediator's efforts.
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October 01, 2025
Truck Seller Can't Escape Injury Suit As 'Mere Conduit'
A North Carolina federal judge won't let hydrovac truck seller Trans-West Inc. escape an injury suit from a worker who alleges he was injured by hot mud from a truck it sold to his employer, finding that the company was no "mere conduit" in the sale.
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October 01, 2025
Nirvana Defeats Child Pornography Case Over Album Cover
A California federal judge has ended a case over child pornography claims brought by a man who was depicted as a naked infant on the cover of Nirvana's 1991 album "Nevermind," saying he was having "a difficult time understanding" the argument that the image depicted the plaintiff as a sex worker reaching for a dollar.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Ex-School GC Beats Charge Of Violating Grand Jury Secrecy
A split Florida state appellate panel on Wednesday called for tossing an indictment against a former school district general counsel for violating the secrecy of a grand jury related to a 2018 mass shooting, finding that the statewide grand jury that charged her did not have the authority to do so.
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October 01, 2025
Napoli Shkolnik Beats Atty's Abandoned Bias Suit
The former head of Napoli Shkolnik PLLC's personal injury group has lost the bias lawsuit she filed against the firm on procedural grounds, with a federal judge in Manhattan finding the lawyer presented "literally no admissible evidence" backing up her racial discrimination claims.
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October 01, 2025
Airbus Beats Ex-JetBlue Worker's Suit Over Toxic Fumes
A New York federal judge on Tuesday tossed a suit brought by a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes on an Airbus plane, finding that her suit was filed too late despite a COVID-19 extension on bringing claims.
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October 01, 2025
Cozen O'Connor Adds Healthcare Litigator To Philly Office
An attorney with more than three decades of experience representing healthcare providers in litigation matters has recently moved his practice to Cozen O'Connor's Philadelphia shop.
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October 01, 2025
Ga. Panel Backs Doctors In Brothers' Suit Over Mom's Death
A Georgia appeals panel has sided with a pair of doctors and their employers in a suit by brothers alleging a failure to quickly diagnose their mother before she was paralyzed, saying the trial court did not incorrectly instruct the jury on the definition or application of gross negligence.
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September 30, 2025
Combs Loses Bid To Escape Prostitution-Related Conviction
A New York federal judge on Tuesday denied Sean "Diddy" Combs' request to undo his criminal conviction for transporting two of his former girlfriends for prostitution, allowing sentencing for the hip-hop mogul to move forward on Friday.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
Texas Court Upends $13M Home Care Car-Train Crash Verdict
A Texas appeals court has vacated a $13 million verdict against a home care provider over a car-train crash that killed one of its clients and injured his wife, saying the trial court instructed the jury incorrectly and the evidence did not show that the provider's employee was acting in the course and scope of her employment.
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September 30, 2025
Murdaugh's Banker Sentenced To 60 Months After Guilty Plea
The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.
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September 30, 2025
No New Trial For Donna Adelson In Murder Of Law Professor
Donna Adelson, who was convicted of killing her former son-in-law, law professor Dan Markel, in a murder-for-hire plot, cannot have a new trial or interview a juror who made a TikTok post, a Florida state judge has ruled, refusing to disturb the verdict.
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September 30, 2025
Shimano Still Has To Face Bike Injury Lawsuit In RI
Japanese bicycle parts manufacturer Shimano Inc., which has no physical presence in Rhode Island, can't escape a product liability lawsuit filed by a cyclist who claims its defective brake lever impaled his leg during a fall, a federal judge ruled Monday, saying the court has jurisdiction over the company because it made "deliberate efforts to serve the Rhode Island market."
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September 30, 2025
Chubb Units Seek To Ax Suit Over $9M Sex Abuse Settlement
A Brooklyn private school's insurers asked a New York federal court to toss a former student's third-party suit asserting they must pay for a $9 million settlement over sexual abuse claims, arguing their insertion in the suit would place them in conflict with their insured while related abuse claims continue.
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September 30, 2025
Colo. Woman Says Atty Missed Deadline For $2M Claims
A Colorado woman has accused her former attorney of malpractice in state court, alleging the lawyer waited until after the statute of limitations expired on her claims against a restaurant before filing a complaint, barring her from pursuing almost $2 million in damages.
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September 30, 2025
No Duty To Cover Over $20M Shooting Verdict, Court Rules
An auto insurer for a security business has no duty to indemnify a jury verdict exceeding $20 million over a fatal shooting involving one of the company's guards, an Oregon federal court ruled, finding the guard's acts were "wholly independent" of his use of a company patrol car.
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September 30, 2025
Jury Says Uber Was Negligent, But Not Liable For Sex Assault
A California state jury found Tuesday that Uber was negligent with respect to safety measures it took to protect a passenger who says she was sexually assaulted by her driver, but ruled it isn't liable for damages in the high-profile bellwether trial because its negligence wasn't a substantial factor in causing her harm.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.