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Personal Injury & Medical Malpractice
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October 21, 2025
11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart
The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.
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October 21, 2025
Pa. Justices Will Probe 'Ambiguous' Auto Policy Exclusion
The Pennsylvania Supreme Court will consider whether insurance policy language blocking coverage for injuries "arising out of" the ownership or use of "autos" was unclear enough to be interpreted in favor of granting coverage for an accident involving a small terminal tractor truck.
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October 21, 2025
Calif. Court Backs Birth Battery Claim, Split On Gender Abuse
A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.
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October 20, 2025
Sandy Hook Families Oppose Reverting Equity To Alex Jones
Families of Sandy Hook Elementary School shooting victims have pushed back against a bankruptcy trustee's attempt to relinquish equity interests in conspiracy theorist Alex Jones' Free Speech Systems LLC, telling a Texas bankruptcy court Friday that doing so would frustrate their collection of more than $1 billion in judgments.
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October 20, 2025
LA Angels Staffer Testifies He Didn't Suspect Drug Abuse
The Los Angeles Angels' traveling secretary testified Monday in a trial over the overdose death of pitcher Tyler Skaggs, saying he never suspected that the colleague who provided narcotics to Skaggs was abusing drugs, but instead thought his abnormal workplace behavior was due to mental health issues.
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October 20, 2025
Judge Sides With Insurer Over Glass Door Injury Dispute
A subcontractor's insurer owes no defense to the property management company for a BJ's Restaurant location in an ongoing lawsuit alleging that a glass door collapsed onto a patron, a New York federal court ruled, finding the management company is "at most" an additional insured.
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October 20, 2025
Colo. High Court Upholds $40M Award In Med Mal Cap Suit
The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.
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October 20, 2025
Zuckerberg Ordered To Testify At 1st Social Media Harm Trial
A Los Angeles judge on Monday ordered Meta Platforms CEO Mark Zuckerberg to testify at an upcoming bellwether trial over major social media technology companies allegedly causing harm to young users' mental health, but put off deciding whether he must testify at future bellwether trials.
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October 20, 2025
Lack Of Police Funding 'Catastrophic' For SD Tribe, Suit Says
A South Dakota tribe is asking for an order that would require the federal government to sufficiently fund its public safety resources, arguing that the United States' failure to treat law enforcement as a trust and treaty obligation continues to be catastrophic for it and its members.
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October 20, 2025
DOJ Says Shutdown Slowing Flint Water Case Progress
U.S. Department of Justice attorneys told a Michigan federal judge on Monday that the government shutdown is "straining" resources and restricting their ability to timely produce requested information in litigation over the response to the Flint water crisis.
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October 20, 2025
Jack Nicklaus Wins $50M In Fla. Defamation Trial
A Florida jury on Monday awarded Jack Nicklaus $50 million in his defamation lawsuit against the company named after him, finding it made false statements in a 2022 New York lawsuit over the golf legend's interest in a Saudi Arabian league and disseminated those claims to news organizations.
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October 20, 2025
Sterigenics Nears Win In Georgia Ethylene Oxide Litigation
Sterigenics Inc. notched two significant wins in sprawling litigation over its alleged emissions of carcinogenic ethylene oxide at an Atlanta-area plant, as a Georgia state court judge tossed residents' specific causation claims and allegations that the plant's activities constituted a private nuisance.
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October 20, 2025
Funds Rip Boeing's 4th Circ. Bid To Decertify Max Fraud Class
Institutional investors have told the Fourth Circuit that they've sufficiently laid out their damages theories to advance certified class claims alleging Boeing kept its stock price trading at inflated levels by repeatedly misrepresenting the safety of its 737 Max fleet after two crashes and a door-plug blowout.
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October 20, 2025
Tylenol Maker Tells FDA Not To Add Autism Warning
Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.
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October 20, 2025
Samsung Must Face Vape Battery Injury Suit, Minn. Court Says
A Minnesota state appeals court has ruled that a subsidiary of Samsung must face a lawsuit regarding a vape pen battery that exploded in a man's pocket, saying the company was likely aware that some of the nearly 3 million batteries it shipped to the state were being used in e-cigarettes.
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October 20, 2025
Conn. Firm, Former Client End Cybersecurity Dispute
A Connecticut personal injury firm and its former client have reached a joint stipulation of dismissal in a federal court dispute over the firm's hacked email system and a fraudulent email that resulted in the wiring of nearly $730,000 in closing costs on a residential property.
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October 20, 2025
Tire-Maker Can't Thwart Asbestos Suits, NC Justices Are Told
More than a dozen plaintiffs locked in a long-running battle for workers' compensation tied to alleged asbestos exposure at a Continental Tire factory are urging North Carolina's top court to let stand a lower appeals court decision reviving their cases.
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October 20, 2025
Law Firm Aims To Escape Pa. Suit Over Massage Envy Action
South Carolina-based McGowan Hood Felder & Phillips LLC wants a malpractice lawsuit filed against the personal injury firm dismissed, telling a Pennsylvania federal court Monday the suit's underlying actions involving a botched sexual assault case against Massage Envy occurred in North Carolina.
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October 20, 2025
LA Reid's Former Attys Face Sanctions Bid In Sex Assault Suit
Attorneys for a producer accusing music executive Antonio "L.A." Reid of sexual assault asked a New York federal judge to sanction his former lawyers for allegedly causing unreasonable delays to the proceedings, most recently preventing a trial from proceeding as scheduled in September.
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October 20, 2025
Conn. Court Won't Disturb Motorcyclist's $45M Crash Verdict
A Connecticut state judge declined to set aside or reduce a $45 million award to a Marine Corps reservist who was paralyzed in a motorcycle crash, turning away a towing company's argument that the court improperly admitted evidence and the jury was unduly influenced by sympathy for the victim.
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October 20, 2025
Mich. Equine Law Shields Ford Museum In Carriage Crash
A Michigan appellate panel said in a published opinion that the Henry Ford museum is immune from a woman's negligence suit over a horse-drawn carriage accident, determining riding in a horse-drawn carriage falls under a state law shielding sponsors of equine activity from liability.
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October 20, 2025
Justices Decline NY Schools' Bid To Block AG's Assault Suit
The U.S. Supreme Court on Monday denied certiorari to a New York school district in a suit brought by the state's attorney general alleging the district failed to investigate or respond to reports of rape and sexual assault, which had previously been revived by the Second Circuit.
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October 20, 2025
Justices To Hear Bankruptcy Challenge To Estoppel Rule
The U.S. Supreme Court agreed on Monday to hear an appeal challenging a "rigid" and "unforgivable" rule used by some bankruptcy courts that permanently blocks a debtor from pursuing litigation if they knew - but didn't disclose - the allegations as part of their bankruptcy case.
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October 17, 2025
LA County Commits An Added $828M For Sex Abuse Victims
Los Angeles County Friday said it has tentatively agreed to shell out an additional $828 million to settle hundreds of cases alleging childhood sexual abuse that occurred in county facilities, an amount that follows a $4 billion settlement announced earlier this year.
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October 17, 2025
Angels Couldn't Oversee Pitcher The Night He OD'd, Jury Told
A former Los Angeles Angels communications executive told a California state jury Friday that the team had no ability to control or oversee pitcher Tyler Skaggs and the staffer who supplied him with drugs on the night Skaggs overdosed because both employees were off duty at the time.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Opinion
$40M Award Shows Hospitality Cos. Can't Ignore Trafficking
A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.
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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.