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Personal Injury & Medical Malpractice
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November 04, 2025
Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told
The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.
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November 04, 2025
2nd Circ. Won't Revive COVID Death Suits Against Cuomo
Former New York Gov. Andrew Cuomo and other state officials don't have to face claims blaming them for COVID-related deaths in nursing homes stemming from directives seeking to lessen the strain on hospitals, the Second Circuit ruled Tuesday, finding the defendants are entitled to qualified immunity amid a public health crisis.
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November 04, 2025
Dad Expands Wrongful Death Claims In Ketamine Overdose Suit
A father who claims his 27-year-old son died of a ketamine overdose due to the negligent practices of online therapy provider Mindbloom has added Illinois-based specialty pharmacy chain Optio Rx LLC as a defendant in his North Carolina state lawsuit, claiming it is liable for compounding, manufacturing and shipping the dangerously "unpredictable drug."
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November 04, 2025
Ex-Fla. GOP Chair Says Police Unlawfully Searched His Phone
The former chairman of Florida's Republican Party sued a pair of police detectives for alleged violations of his constitutional rights, claiming he was forced to resign after they searched his cell phone and included private communications in reports that were leaked to the public.
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November 04, 2025
DC Circ. Affirms Gun Conviction Despite Anxious Juror Note
A D.C. Circuit panel affirmed a man's nearly five-year sentence for being a felon in possession of a gun, finding on Tuesday that although a juror told the court after the verdict that her anxiety may have deprived the defendant of justice, this couldn't be considered.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Alexander Bros. Hit The Real Deal With $500M Defamation Suit
Amid drugging, sexual assault and sex-trafficking charges, two ex-Douglas Elliman employees and their brother have hit real estate news outlet the Real Deal with a $500 million defamation suit in New York state court, claiming that the outlet deliberately wrote "defamatory" articles about them so that it could "shamelessly grab clicks and boost revenue."
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November 04, 2025
Insurer Escapes Defense Duty In Fatal Drunk Driving Case
An insurer has no duty to defend a bowling center against claims that it overserved alcohol to a patron who then drove and killed another motorist, a New Mexico federal court ruled, finding that the policy's liquor liability exclusion bars coverage.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Judge Won't Yet OK Boeing Whistleblower Suicide Settlement
A lawsuit accusing Boeing of instigating a "campaign of harassment" against a whistleblower leading to his suicide remains ongoing after a South Carolina federal judge declined to approve a $50,000 settlement, saying that the confidential terms of a separate but related deal prevent her from knowing if this agreement is fair.
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November 04, 2025
Def Leppard Drummer Settles Suit Over Hotel Attack
Def Leppard drummer Rick Allen settled his suit against the Four Seasons on Tuesday, just before the parties were about to open a trial on Allen's negligent security claims against the hotel company over a violent attack just outside the Four Seasons hotel in Fort Lauderdale, Florida.
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November 04, 2025
NC University Fights Ex-Football Player's Negligence Appeal
A North Carolina university could not foresee an on-campus altercation between students, and therefore had no duty to protect one of those students who later sued the school for negligence, a North Carolina state appeals court was told.
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November 04, 2025
Ga. Panel Backs $80M Verdict In Moped Collision Death Suit
A Georgia appeals panel refused to disturb an $80 million wrongful death verdict against a driver involved in a collision with a moped, rejecting her arguments that the trial court should have admitted evidence of the decedent's alleged substance abuse, or that the jurors were improperly empaneled.
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November 04, 2025
Mass. Developer, Wife Sue Hotel Over Fall At Award Gala
A prominent Massachusetts real estate developer and his wife have filed a negligence lawsuit against Boston's Seaport Hotel, claiming she was seriously injured when she fell onto a partially obscured staircase during an event.
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November 03, 2025
Couple Trapped In Tesla During Fatal Fire, Wis. Family Claims
Tesla Inc. turned a "survivable crash into a fatal fire" through multiple design defects in its Model S car, according to a Wisconsin state court lawsuit filed by the family of a couple who died trapped inside one when it erupted into "big flames."
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November 03, 2025
Justices Tackle Scope Of Military Contractor Liability
The U.S. Supreme Court appeared hesitant on Monday to completely shelter U.S. military contractors engaged in combatant activities from liability for state-based injury claims, as the justices questioned whether doing so could hurt troops.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
Parade Shooting Victims, Organizers Seek To Ax Insurer's Suit
Individuals who were injured in a mass shooting at the 2024 Kansas City Chiefs' Super Bowl parade and the event's organizers asked a Missouri federal court to toss an insurer's bid to escape coverage, arguing that the carrier's suit should be dismissed due to a related state court case.
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November 03, 2025
Teachers' Unions Back UC's Challenge To Feds' Funding Cuts
Several community college teachers' unions backed the University of California system's challenge to millions of dollars in cuts to federal funding for higher education projects and programs, saying President Donald Trump's fight with the UC system is trickling down to its community colleges.
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Fla. Jury Awards $2.5M To Woman In Publix Shooting Case
A Florida jury has awarded a woman more than $2.5 million after finding that a Publix grocery store was negligent in failing to warn her of an agitated, armed person in the parking lot who later shot her.
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November 03, 2025
Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court
A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.
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November 03, 2025
Ga. Panel Reinstates Malpractice Suit Against Medical Center
The Georgia Court of Appeals ruled Monday that a medical center must face a lawsuit from a woman who alleges her father died due to substandard care, faulting a lower court for concluding that a Peach State statute and executive orders related to the COVID-19 pandemic doomed the case.
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November 03, 2025
NJ Justices Unsure Charity Immunity Applies To Clinic
New Jersey Supreme Court justices appeared open on Monday to reviving a community health clinic patient's injury suit, questioning whether the organization's archived web pages and general claims of patient education qualified it for protection under the state's Charitable Immunity Act.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.