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Personal Injury & Medical Malpractice
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January 07, 2026
Defense Bar Says 11th Circ.'s Arbery Ruling Risks Overreach
The National Association of Criminal Defense Lawyers urged the Eleventh Circuit on Tuesday to reconsider its support for the kidnapping convictions of Ahmaud Arbery's murderers, arguing its decision "extends without limit" the federalization of criminal charges based on the mere presence of an automobile.
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January 07, 2026
Firm In 'Maya' Verdict Seeks Coverage For Spinoff Fee Row
The firm that secured a $213 million award in favor of Maya Kowalski, the person at the center of the Netflix documentary "Take Care of Maya," told a Florida federal court that its professional liability insurer owed coverage for a spinoff suit involving trial consultant fees.
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January 06, 2026
8th Circ. Revives Jail Suicide Suit Against Mental Health Org.
An Eighth Circuit panel unanimously revived a lawsuit Tuesday by the family of an Iowa jail inmate who died by suicide, holding that a jury could find that a mental health provider's alleged incomplete report to jail staff put the inmate at greater risk.
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January 06, 2026
Uber Can't Show Bellwether Jury That Driver Wasn't Charged
Ahead of next week's first-ever bellwether trial in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers, a California federal judge ruled Tuesday that Uber can't introduce evidence that the alleged assailant wasn't criminally charged.
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January 06, 2026
Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.
Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."
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January 06, 2026
Fla. Suit Says Boy Nearly Drowned After Xfinity Alarm Failed
A Florida family has brought a lawsuit against Comcast, alleging their 4-year-old son suffered brain damage after falling into a pool and nearly drowning due to the failure of an Xfinity alarm system installed in their home.
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January 06, 2026
NJ Spa Pens $6M Deal In Drowned Patron Suit
A New Jersey spa has agreed to pay $6 million to the estate of a man who drowned in one of its hot tubs, resolving a wrongful death lawsuit that accused the establishment of failing to properly train staff and maintain equipment.
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January 06, 2026
Wash. Atty Impaled By Debris In National Park Can Sue Feds
A Washington federal judge declined to toss an attorney's lawsuit against the federal government alleging he was impaled by wooden debris in Lake Chelan after jumping from a dock at a National Park Service campground, but said the court needs more information to be sure the case satisfies jurisdictional requirements.
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January 06, 2026
NJ Judge Signals Green Light To Revive J&J Unit's Libel Suit
A New Jersey federal judge has indicated she is planning to grant a bankrupt Johnson & Johnson talc subsidiary's bid to revive its trade libel claim over a scientific article linking asbestos in talc to mesothelioma.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Girardi Keese CFO Must Use His Own Atty For Chicago Appeal
Girardi Keese's former financial chief cannot have counsel appointed to help him challenge the Illinois sentence he is serving alongside his 10-year California sentence for helping Tom Girardi steal millions from clients because he isn't pursuing the appeal in good faith, an Illinois federal judge has ruled.
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January 06, 2026
Meta Can't Revisit Order Blocking Clawback Of Attorney Docs
A District of Columbia Superior Court judge has refused to reconsider her order finding that Meta Platforms Inc. couldn't claim attorney-client privilege over documents it sought to claw back from discovery, saying the company can't use "sleight of hand" to recharacterize the communications in the documents.
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January 06, 2026
Fla. Court Won't Rehear Reversal Of $213M 'Maya' Award
A Florida appeals court said Monday it will not reconsider its decision that reversed a $213 million judgment against a Florida hospital in favor of Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya."
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January 06, 2026
Mass. Justices Won't Shield Health Records In Med Mal Suit
Massachusetts' highest court on Tuesday declined to rule that medical records filed with a court should be automatically hidden from public view in a medical malpractice suit, finding no reason to undo a judge's decision in favor of a hospital and several doctors.
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January 06, 2026
Top Personal Injury, Medical Malpractice Cases Of 2025
A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.
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January 05, 2026
11th Circ. Rejects Asylum Despite Guerrilla Group Threats
The Eleventh Circuit on Monday refused to upend a decision denying asylum for a Colombian mother and son who were attacked and repeatedly threatened by a violent guerrilla group, ruling that the mother hasn't shown that the Colombian government permitted the group's actions.
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January 05, 2026
BofA, BNY Face Bulked-Up Claims Over Epstein Ties
A survivor of sex offender Jeffrey Epstein has moved to bolster her proposed class actions accusing Bank of America and BNY of enabling the disgraced financier's sex trafficking enterprise, filing freshly expanded complaints amid a push from the banks for dismissal.
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January 05, 2026
Hawaiian Electric Reaches $47.8M Investor Deal Over Wildfires
Hawaiian Electric Industries Inc. shareholders reached a nearly $48 million settlement with the company and some of its leaders in a suit blaming it for the downturn in its stock price following a deadly 2023 fire on Maui, and asked a California federal judge on Monday to grant the deal preliminary approval.
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January 05, 2026
Uber Sex Assault MDL Judge Won't Delay Bellwether Trial
A California federal judge on Monday denied Uber's request to postpone the first of some 20 bellwether trials in multidistrict litigation over passenger sexual assaults despite the company's assertion that the jury pool will be tainted by what it said was a plaintiffs' counsel advocacy group commercial saying Uber refused to make safety improvements.
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January 05, 2026
NJ Appeals Panel Lets Shuttle Driver Add Parties In Injury Suit
A New Jersey appeals panel will let a shuttle driver add newly identified companies to his injury suit against the Port Authority of New York and New Jersey, saying he diligently tried to identify the parties and the Port Authority has admitted it won't be prejudiced by their addition.
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January 05, 2026
Exelon, Nursing Home Operator Sued Over Fatal Explosion
PECO Energy Co., its parent company Exelon Corp. and multiple healthcare entities were hit with a lawsuit on Monday alleging they knew about gas leaks that led to a fatal nursing home explosion in Bucks County, Pennsylvania, that killed two and injured over a dozen more, but failed to act in time.
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January 05, 2026
OpenAI Sued Again Over ChatGPT's Role In Murder-Suicide
A second lawsuit has been filed against OpenAI accusing it of negligently designing its artificial intelligence tool ChatGPT, which caused a man to murder his mother and commit suicide, according to the complaint in California federal court.
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January 05, 2026
Legatum Exec Keeps $8M Libel Verdict Against Investigator
A private investigator can't escape an $8 million jury verdict on claims he and his company defamed a businessman by disseminating a bogus background report falsely stating the executive was a Russian asset, a D.C. federal court ruled, saying the defendants' "newly discovered evidence" is not important.
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January 05, 2026
Calif. Panel OKs $5M For School Sex Assault, Orders Retrial
A California appeals court has mostly affirmed a jury's $5 million verdict finding the Coronado Unified School District liable for the sexual assault of a student by a basketball coach, but said a new trial is necessary to determine whether to apportion fault to the student's parents.
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January 05, 2026
Ritz-Carlton Looks To Toss Trafficking Suit Against Ga. Hotels
The Ritz-Carlton asked a Georgia federal judge Friday to toss a lawsuit claiming it and other Atlanta hotels knew about but failed to prevent sex trafficking occurring at their properties, arguing it didn't knowingly benefit from the alleged trafficking.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Spoliation Of Evidence Is A Risky And Shortsighted Strategy
Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator’s credibility, say attorneys at Mandelbaum Barrett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.