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Personal Injury & Medical Malpractice
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October 31, 2025
Opioids Didn't Weigh Heavily In Finances, Hospital Execs Say
A Florida state court jury heard the start of major pharmacy chains' defense case Friday over allegations that they fueled the opioid crisis and sent Florida hospitals' costs soaring, with testimony from former hospital executives saying the cost of opioid treatment didn't loom large in their financial decisions.
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October 31, 2025
5th Circ. Rejects Late Claims Over Arkema Plant Explosions
The Fifth Circuit on Friday tossed claims that accused chemical manufacturer Arkema Inc. of being liable for property damage caused by one of its industrial plants exploding after Hurricane Harvey hit Texas in 2017, ruling that the lower court rightfully determined that the claims are time-barred.
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October 31, 2025
Tesla Sanctioned For Withholding Docs In Fatal Crash Case
A Florida state judge has hit Tesla with sanctions in a fatal crash suit for repeatedly failing to produce documents related to testing of its vehicles despite repeated requests and then finally handing them over in a format that makes them "virtually useless to the plaintiffs."
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October 31, 2025
Toxic-Water Litigants Slam Expert As 'Rented White Coat'
An expert witness for the federal government in litigation over contaminated water at the Camp Lejeune military base is merely a "rented white coat" proffering junk science and serving big-industry interests, claimants told a North Carolina federal court this week in a bid to exclude her from the case.
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October 31, 2025
Woman Can't Sue For Being Jeered As 'Karen,' NJ Panel Says
A New Jersey state appeals court Friday refused to revive a woman's lawsuit accusing an amusement park of wrongfully keeping her off a go-kart ride and failing to prevent kids from calling her derogatory names like "Karen," saying the woman couldn't back her claims with any binding legal authority.
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October 31, 2025
4th Circ. Denies En Banc Review In Bestwall Ch. 11 Case
The Fourth Circuit on Thursday declined asbestos claimants' request for an en banc review of a panel ruling in a Georgia-Pacific LLC spinoff's Chapter 11 case, rejecting on an 8-6 vote an argument that the bankruptcy is a sham and blocks victims' access to justice.
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October 31, 2025
Slater Blasts Bid To Terminate Boy Scout Case Fees
Mass tort plaintiffs' firm Slater Slater Schulman LLP is calling a motion seeking to end their contingency fee legal service agreements with sexual abuse claimants in the Boy Scouts of America bankruptcy a baseless attempt to lure away its clients.
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October 31, 2025
Bayer Investors Get Final OK For $38M Settlement, Atty Fees
A California federal judge has finalized a $38 million settlement between Germany-based Bayer AG and a class of investors who claim the company deceived them about the litigation risks of acquiring Roundup producer Monsanto, with the lead plaintiffs' attorney saying the deal reaffirmed investors' ability to hold foreign companies responsible for violating U.S. securities laws.
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October 31, 2025
Mich. Panel Revives Woman's Claim For No-Fault Benefits
A Michigan state appeals court revived a woman's suit seeking personal injury protection benefits after a car crash, finding one exclusion in her no-fault policy invalid because it contravenes the state's no-fault law and another dependent on whether a Progressive unit was the insurer of the subject vehicle.
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October 31, 2025
Netflix Beats Defamation Suit Over 'Orgasm Inc.' Documentary
A California state appellate court has upheld the dismissal of a defamation lawsuit against Netflix claiming the streaming giant's documentary "Orgasm Inc.: The Story of OneTaste" falsely portrays that OneTaste condoned violence and that a worker for the wellness company was subjected to sexual assault, saying OneTaste didn't show Netflix acted with malice.
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October 31, 2025
YouTuber Gets Reduced Atty Fee In Singer's Defamation Fight
A Connecticut judge awarded a YouTuber around $43,100 in attorney fees for defeating a defamation suit from the singer for the rock band Falling In Reverse, marking a roughly $8,000 reduction from the requested amount due to a lack of specifics about some of his lawyers' work.
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October 31, 2025
In The World Of Deepfake Porn, Tech Moves Faster Than Law
When a 14-year-old New Jersey student discovered her classmates had used an app to generate nude deepfakes of her and other girls, she and her mother confronted her high school and found no relevant law and little recourse for victims. What followed helped spark state legislation that pairs criminal penalties with civil remedies, part of a national reckoning over AI's misuse.
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October 31, 2025
Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys
An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.
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October 31, 2025
Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits
A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.
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October 31, 2025
Crash Suit Revived After Counsel 'Knowingly Served' Dead Atty
A Texas appellate court has reinstated a suit accusing a commercial truck driver of negligently hitting a vehicle which caused a family's severe injuries, saying defense counsel acted unfairly when it "knowingly served" only the family's deceased attorney with court documents.
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October 31, 2025
Ga. Panel Backs Ambulance Co.'s Trial Win In Death Suit
A Georgia appellate panel on Thursday backed an ambulance company's defense verdict in a wrongful death lawsuit, ruling that a man suing the company for negligence in transporting his mother to a hospital "cannot show harm" by a trial court's decision to limit his expert's testimony.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
Ex-NYU Doc's Disability Bias Verdict Gets Trimmed To $2.55M
A former New York University doctor had nearly $1.5 million cut from a $4 million verdict on claims he was unlawfully denied remote work while recovering from COVID-19 complications, with a federal judge saying evidence didn't support the level of emotional distress or punitive damages that jurors awarded him.
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October 30, 2025
Ga. Judges OK Axing Of Atty's Slander Suit Against Ex-Client
A Georgia appellate panel Thursday backed the dismissal of an attorney's lawsuit against a former client who sued him for legal malpractice, ruling that the complaint boiled down to an abusive litigation claim that couldn't be pursued until the underlying case was complete.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Burn Victims Sue Navy Pier Rooftop Restaurant Over Fire
Four people who suffered burns from a fire during a corporate event at a Navy Pier rooftop restaurant have sued its management company and general manager in Illinois state court, claiming their negligence led to some of them being set ablaze, causing serious injuries and emotional distress.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Delbarton Seeks New Trial After $5M Clergy Abuse Verdict
The Order of St. Benedict of New Jersey, which runs the elite Catholic college-prep Delbarton School, is seeking a new trial or reduced damages after a New Jersey state court jury awarded $5 million in damages Oct. 18 to a former student in a clergy abuse case involving a priest who was a teacher.
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October 30, 2025
Ga. Judge Should DQ Self From Med Mal Case, Couple Say
A Florida couple have moved to disqualify a Georgia federal judge from presiding over their medical malpractice case, citing alleged conflicts of interest involving the judge's family members and their connections to Southeast Georgia Health System Inc.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.