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Personal Injury & Medical Malpractice
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September 11, 2025
2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions
Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.
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September 11, 2025
Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told
French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.
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September 11, 2025
Calif. Panel Frees Walmart From Fatal Big Rig Crash Suit
A California appeals panel won't revive a woman's claims against Walmart Inc. and one of its suppliers over the death of her daughter in a collision with a delivery truck, finding her claims are preempted by the Federal Aviation Administration Authorization Act.
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September 10, 2025
Uber Balanced Safety With Need For Growth, Jurors Told
Uber's former head of global safety testified Wednesday in a bellwether trial over sexual assault allegations against the ride-hailing giant, telling jurors that during his tenure, Uber worked to balance safety priorities with its corporate growth.
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September 10, 2025
Pa. Court Upholds Defense Verdict In Throat Surgery Suit
The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.
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September 10, 2025
Denver Fights $14M Verdict Over Protester Abuse Claims
A Tenth Circuit panel pressed both sides Wednesday over whether jurors should have heard testimony from an investigator that Denver says unfairly tainted a trial which yielded a nearly $14 million verdict to 12 protesters over clashes with police during the 2020 Black Lives Matter protests in the city.
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September 10, 2025
Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims
A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.
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September 10, 2025
Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit
A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns.
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September 10, 2025
Texas Panel Says Expert Not Qualified In Facelift Suit
A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.
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September 10, 2025
NIST Links Start Of Surfside Towers Collapse To Pool Deck
The National Institute of Standards and Technology's ongoing investigation into the 2021 partial collapse of the Champlain Towers South in Surfside, Florida, shows the collapse likely began in the 12-story residential building's pool deck, rather than in the main tower structure.
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September 10, 2025
Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit
Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
FTA Probes Charlotte Transit After Fatal Light Rail Stabbing
The Federal Transit Administration has launched itself into the fray surrounding the stabbing death of a 23-year-old Ukrainian refugee on a city light rail line in Charlotte, North Carolina, announcing on Wednesday that it is investigating the city transit system's compliance with federal safety regulations.
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September 10, 2025
Jeju Air Crash Victim's Estate Sues Boeing For Negligence
A representative of the estate of a passenger who died in a 2024 South Korean plane crash sued The Boeing Co. in Illinois state court Monday, saying the aerospace giant was negligent in selling a "defective and unreasonably dangerous" aircraft.
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September 10, 2025
Teen's Estate Says Grindr Death Suit Can't Be Arbitrated
The estate of a teenager who was killed by a 35-year-old man she matched with on Grindr LLC's dating platform is urging a Florida federal court not to send the case to arbitration or Los Angeles, saying federal law blocks arbitration, and Florida law require that the suit be heard in the state where she was killed.
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September 10, 2025
No Mulligan For Pro Golfer's Slander Claims, 11th Circ. Says
The Eleventh Circuit said Tuesday that it will not revisit a three-judge panel's decision ending a pair of defamation suits filed by golfer Patrick Reed over coverage of his affiliation with the Saudi-backed LIV Golf tournament and allegations that he cheated on the course.
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September 10, 2025
Medical Equipment Co. Settles County Claims In Opioid MDL
Medical equipment company Henry Schein Inc. and its related entities have settled claims by Virginia counties brought against it in the sprawling national opioid litigation, according to a notice filed Wednesday.
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September 10, 2025
Black & Decker Beats Suit Over Angle Grinder Injury
A Texas federal judge on Tuesday handed Black & Decker a win in a man's suit alleging that he was hurt by using an angle grinder since he never read the instruction manual that warned of the potential for injuries.
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September 10, 2025
NC Justices Debate 2-Second Reaction Time In Crash Suit
The North Carolina Supreme Court grappled Wednesday with whether two seconds was enough time for a town utility worker to both register and react to the fact that he was about to hit a pedestrian with his work truck.
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September 10, 2025
Splenda Maker Says Scientist's Counterclaims Are Too Late
The company behind artificial sweetener Splenda is urging a North Carolina federal court to deny a scientist's bid to amend her counterclaims in a suit over whether Splenda contains cancer-causing chemicals, saying her claims are either outside the statute of limitations or retreads of claims she already dropped.
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September 09, 2025
Uber Jury Won't Hear Exec's Convo He 'Trashed Rape Victims'
A California judge overseeing a trial in a rape victim's lawsuit against Uber declined Tuesday to allow the woman's lawyer to introduce evidence that an Uber communications executive once joked with a colleague via Slack that he "trashed rape victims" in talks with a reporter.
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September 09, 2025
'How To Kill A Federal Judge': Manifesto-Writer Faces Charges
A 72-year-old Minnesota man is accused of once again threatening to kill a federal judge, according to an announcement made Tuesday by prosecutors who said that, this time, he penned a 236-page manifesto titled "How To Kill a Federal Judge" and showed it to staff at a local library.
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September 09, 2025
Calif. AG Sues Over 'Uninhabitable,' 'Inhumane' LA Jails
California Attorney General Rob Bonta has sued the Los Angeles County Sheriff's Department over the "inhumane" and "uninhabitable" conditions at county jails, pointing to an increase in in-custody deaths and facilities that allegedly lack adequate plumbing, sanitation and temperature control.
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September 09, 2025
6th Circ. Revives Prisoner's Claim Over 'Cold Fan' Punishment
The Sixth Circuit on Tuesday partially revived a civil rights lawsuit brought by an incarcerated person in Michigan, finding that his First Amendment rights were violated and he was retaliated against for complaining about an industrial fan that blew excessively cold air into his cell.
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September 09, 2025
Wash. Appeals Court Won't Revive Phish Concert Assault Suit
A Washington state appeals court declined Tuesday to renew two concert attendees' personal injury suit against Phish and Live Nation after they were injured by rocks during a 2018 show, finding they failed to show the band and venue manager could have foreseen the "random attacks."
Expert Analysis
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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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.