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Personal Injury & Medical Malpractice
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Insurer Says No Coverage For Parking Garage Death Suit
An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a New York federal court that another carrier owes coverage instead.
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August 28, 2025
Drug Use, Crimes Not Reasons To Escape $760K Bite Judgment
An Indiana appeals court on Thursday refused to vacate a $760,000 default judgment against a woman who was sued for failing to supervise her dog when it mauled a neighbor, saying that the drug use and criminal proceedings she blames for missing notice of the suit are not excusable neglect.
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August 28, 2025
Philly Must Pay $3M To Man Police Shot, Framed For Rape
The city of Philadelphia must pay $3 million to Termaine Hicks, a man who claimed he was wrongfully incarcerated after police shot and allegedly framed him for a 2001 rape while he attempted to help the victim lying on the ground in South Philadelphia, according to a federal judge's Thursday ruling.
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August 28, 2025
Hartford Cops' Assault Response Reveals Bias, Court Told
The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Fla. Justices Reject Carole Baskin's Defamation Appeal
The Florida Supreme Court declined Thursday to take up the appeal of a decision reviving defamation claims against "Tiger King" star Carole Baskin over statements on YouTube claiming her missing husband's former assistant embezzled $600,000.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
Southwest Flyer Attacked In Viral TikTok Blames Open Seating
A Southwest Airlines Co. passenger who earlier this summer was attacked by an intoxicated fellow flyer in an assault caught on video that went viral on TikTok is now suing the airline and her attacker, blaming Southwest for allowing the "visibly impaired" passenger to board and choose her own seat.
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August 27, 2025
Cardi B Admits Physical Contact With Security Guard
Cardi B admitted in trial Wednesday that there was some physical contact between her and a security guard who claims the rapper assaulted her, after saying Tuesday there had been none.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
Undercover Operation Detailed In Trial Of Slain Fla. Law Prof
Law enforcement agents took the stand in Florida state court Wednesday to provide details of an undercover operation in the investigation of Donna Adelson, who is on trial for allegedly masterminding a conspiracy to have assassins kill university law professor Dan Markel in 2014.
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August 27, 2025
Stew Leonard's, Cookie Co. Face Trimmed Allergy Death Case
Grocery chain Stew Leonard's and a manufacturer must face punitive damages and product liability claims by the estate of a professional dancer who ate mislabeled cookies and died from an allergic reaction, but both companies won't have to face stand-alone wrongful death claims under a separate statute, a Connecticut judge has ruled.
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August 27, 2025
Hospice Care Co. Can't Duck Claims It Covered Up Death
A Texas appeals court has thrown out wrongful death and negligence claims against a hospice care provider in a suit alleging its employees are liable for a man's death from fentanyl overdose, but allowed claims that they covered up the cause of death by falsifying patient records to proceed.
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August 27, 2025
Genesis Wins OK For $30M DIP, Ch. 11 Sale Process
A Texas bankruptcy judge on Wednesday gave final approval to nursing home operator Genesis Healthcare Inc.'s updated $30 million debtor-in-possession loan and Chapter 11 sale procedures after a three-day hearing, overruling unsecured creditors' objections.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
Maine Cop Says Jury Must Decide SIG Sauer Discharge Suit
A Maine detective is urging a federal court not to grant SIG Sauer Inc.'s bid for summary judgment in his suit alleging that he was injured when his P320 pistol discharged in his holster because of its defective design, saying he's put forth enough evidence that a jury should decide the case.
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August 27, 2025
Live Nation Concertgoer Claims Violent Treatment By Security
Events giant Live Nation Entertainment Inc. is facing a lawsuit in Washington federal court over what a concertgoer claims was violent treatment by security guards and sheriff's deputies following a 2022 show at the Gorge Amphitheatre in Quincy, Washington.
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August 27, 2025
Splenda Maker Knows It Contains Toxic Chemical, Scientist Says
A scientist accused of falsely stating that Splenda contains cancer-causing chemicals asked a North Carolina federal court to amend her counterclaims, alleging that Splenda-maker TC Heartland LLC has performed tests showing the sweetener contains the very chemical she warned of.
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August 27, 2025
Pa. County Denies Liability In Fatal Child Abuse Case
Officials in Chester County, Pennsylvania, denied any role in the death of a 12-year-old girl who was allegedly abused by her father and stepmother, claiming in the county's answer to a lawsuit that any fault lay with the alleged abusers.
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August 27, 2025
Widow Wasn't Forced Into Sewage Settlement, 4th Circ. Told
The city of Charlotte, North Carolina, told the Fourth Circuit it did not pressure a widow to settle her property damage claims stemming from a sewage backup in her home, saying she was represented by a lawyer and was in good mental and physical health when she accepted the deal.
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August 27, 2025
2nd Circ.: Brooklyn Mom Can't Sue Over Fabricated Confession
A Brooklyn mother's bid to pursue damages against federal agents she says fabricated a confession that she took sexual photos of her daughter was nixed Wednesday by the Second Circuit, which ruled she has no cause of action.
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August 27, 2025
Scholars Tell High Court To Back Conversion Therapy Ban
A group of health law experts told the U.S. Supreme Court that Colorado's conversion therapy ban doesn't violate healthcare providers' First Amendment rights, arguing that the law is consistent with states' and the federal government's ability to regulate healthcare.
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August 27, 2025
Church Leaders Charged In Forced Labor, Laundering Scheme
Two self-proclaimed religious leaders forced people to work in call centers to raise millions of dollars that the pair spent on jet skis and other luxuries in a money laundering scheme investigated by the IRS, according to an indictment unsealed Wednesday in Michigan federal court.
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August 27, 2025
Judge Scolds Atty In Katt Williams Case For 'AI Hallucinations'
A Georgia federal judge warned the attorney representing four women who are suing the comedian Katt Williams that she could face "serious discipline" for filing a brief he described as riddled with "AI hallucinations."
Expert Analysis
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.