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Personal Injury & Medical Malpractice
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November 21, 2025
EMTs Settle With Family Of Woman Mistakenly Declared Dead
The family of a woman discovered alive in a body bag by funeral home workers has reached a settlement with paramedics and EMTs who erroneously declared her dead, according to filings in Michigan state court.
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November 21, 2025
Hyperbaric Chamber Death Suit Not Covered, Insurers Say
Two Nationwide insurers said they have no duty to defend or indemnify a hyperbaric oxygen therapy center or its employees in a suit over the death of a 5-year-old boy, telling a Michigan federal court that there was no bodily injury or property damage caused by an occurrence, or accident.
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November 20, 2025
Texas Sues Bristol-Myers For Alleged Drug Misrepresentations
The Texas Office of the Attorney General sued pharmaceutical companies Bristol-Myers Squibb and Sanofi in Texas state court, claiming Thursday the companies failed to disclose that a lucrative blood thinner used to prevent heart attacks and strokes does not work as well on certain minority patients.
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November 20, 2025
Roblox Can't Get Teen Grooming Suit Arbitrated
A California state judge said Roblox couldn't compel a minor to arbitrate his claims that he was targeted and exploited by a sexual predator on the online gaming platform, saying that a recent federal law aimed at ending forced arbitration in sexual assault and harassment cases isn't limited to workplaces.
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November 20, 2025
States Back Hockey Players In Antitrust Fight Over Contracts
More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.
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November 20, 2025
Pharmacist, Brother Sentenced To Prison In $15M Fraud Case
A Michigan pharmacist and his brother were sentenced Thursday to spend years in prison and pay $15 million in restitution for their roles in a nine-year conspiracy to defraud Medicare and Medicaid, with a federal judge saying the prison time was warranted as a deterrent to healthcare fraud activity.
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November 20, 2025
Blue Shield Of California, Magellan Sued Over 'Ghost Network'
Blue Shield of California and Magellan Health maintain a "ghost network" directory of mental health providers who don't exist or don't accept new patients, leading customers to hit a dead end or desperately resort to expensive out-of-network providers, according to a proposed class action filed Wednesday in California federal court.
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November 20, 2025
Priest Privilege Can't Cloak Info In NY Child Sex Abuse Case
A man who alleged he was sexually abused as a child by a Catholic priest in Brooklyn should have full access to the cleric's psychological treatment reports that were forwarded from a facility to his supervising bishop, a New York state appeals court has affirmed, denying clergy-penitent or doctor-patient privilege.
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November 20, 2025
Ye Avoids Sanctions For Violating Depo Order In Bias Suit
A California judge denied a request Thursday from a former employee accusing Ye, formerly known as Kanye West, of discrimination to sanction the rapper for failing to sit for a deposition, but warned his attorney not to take "any comfort" in the order because he will need to reach an agreement soon or face "undesirable outcomes."
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November 20, 2025
Lewis Brisbois Liability Group Co-Chair To Join PI Boutique
Personal injury boutique firm Banafsheh Danesh & Javid PC will add a longtime Lewis Brisbois Bisgaard & Smith LLP defense trial attorney, who co-chaired its general liability practice, as a partner at the start of the new year, the firm announced Thursday.
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November 20, 2025
Conn. Safari Co. Wins Bid To Arbitrate Hippo Attack Suit
A Connecticut-based tour operator can force into arbitration a wrongful-death lawsuit involving a hippopotamus attack that killed a New Jersey woman while she and her husband were on safari in Zambia, a state judge ruled.
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November 19, 2025
29 AGs Want Social Media Addiction Fight Decided In 1 Trial
A coalition of 29 state attorneys general Wednesday urged a California federal judge presiding over social-media addiction multidistrict litigation to consolidate state law claims into a single jury trial, while Meta's counsel argued that there's no case law precedent for such a single trial and it would be prejudicial.
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November 19, 2025
PacifiCorp To Pay $150M To 1,400 Survivors Of 2020 Wildfires
PacifiCorp announced Wednesday that it has reached a $150 million settlement with more than 1,400 plaintiffs who blame the Berkshire Hathaway-owned utility's equipment for sparking deadly Labor Day 2020 wildfires in Oregon.
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November 19, 2025
Wash. Judge Narrows Claims In Seaplane Crash Dispute
A Washington state judge largely denied a charter flight company's attempt to put blame for a seaplane crash that killed 10 people onto an aircraft company, and said there are genuine questions about whether sole cause can be attributed to either party.
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November 19, 2025
Colo. High Court Considers Insurers' Noncooperation Defense
Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failure-to-cooperate defense, in a case where a man was denied claims after not turning over medical records.
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November 19, 2025
4th Circ. Says Immigration Board Ignored Key Evidence
A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.
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November 19, 2025
Princeton Sued Over Student, Alumni Data Exposed In Breach
Princeton University faces two proposed class actions in New Jersey federal court accusing it of failing to take the necessary measures to protect the personally identifiable information of thousands of students, alumni, donors, faculty and other members of the university community, which was exposed during a data breach this month.
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November 19, 2025
Religious Org. Not Covered For Sex Abuse Suit, Insurer Says
A nonprofit insurer said a Christian ranch for "at-risk" boys isn't owed coverage for a lawsuit alleging physical and sexual abuse, telling a Missouri federal court that the ranch failed to adequately provide notice of the underlying claim.
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November 19, 2025
Mass. Court Says Waiver Valid In Adventure Park Injury Suit
A Massachusetts appellate court on Wednesday upheld the dismissal of a suit seeking to hold an adventure park liable for a woman's injuries, saying the liability waiver she signed is valid and enforceable.
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November 19, 2025
'Wrongly Decided' Case Backs Insurer Loss, Mich. Panel Says
An insurer is statutorily barred from suing an auto shop to recoup personal injury protection benefits it paid to policyholders injured in a crash, a Michigan state appeals court affirmed, though saying it is bound by a 1993 case it believes was "wrongly decided" and should be reviewed.
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November 19, 2025
Pfizer To Pay $41.5M To Settle Adulterated ADHD Drug Claims
Pfizer Inc. and Tris Pharma Inc. agreed Wednesday to cough up $41.5 million to settle claims brought by Texas that it gave adulterated ADHD drugs to children, ending a lawsuit alleging the companies violated a state healthcare fraud law.
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November 19, 2025
Doc Takes Plea, Avoids Prison In Novel Opioid Death Case
A retired Massachusetts doctor pled guilty and was sentenced to five years of probation in a first-of-its-kind involuntary manslaughter case over a patient's 2016 opioid overdose death, the state attorney general's office announced.
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November 18, 2025
Health Co. Execs Convicted In $100M Adderall Sales Scheme
A San Francisco federal jury weighing a first-of-its-kind case on Tuesday convicted two digital healthcare company executives of scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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November 18, 2025
Karen Read Says Police, Witnesses Framed Her For Murder
Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, sued witnesses from her trial, claiming she was framed for the crime and that local law enforcement allowed the scheme by "intentionally sidestepping fundamental investigatory procedures."
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November 18, 2025
Ex-FDA Chief Accuses J&J Of Hiding Talc Risks For 50 Years
A former head of the U.S. Food and Drug Administration spent a contentious day under cross-examination Tuesday in a Los Angeles bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer, accusing the company of hiding the products' health risks for over 50 years.
Expert Analysis
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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.
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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.