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Personal Injury & Medical Malpractice
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August 11, 2025
Neighbors, Insurers File Suits Over Fatal Pa. Gas Explosion
The owners or insurers of more than five dozen properties in a Pittsburgh-area housing development have filed lawsuits over a massive natural-gas explosion that leveled three houses, killed six people and allegedly caused damage across the neighborhood.
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August 11, 2025
4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest
An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
Soda Makers Sued Over Banned Brominated Soybean Oil
A pair of Pennsylvania men are suing the makers of Frostie and Faygo brand sodas in state court, saying the sodas contain brominated soybean oil, which has been banned by federal regulators because it is dangerous to consume.
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August 11, 2025
NY Judge Won't Unseal 'Redundant' Maxwell Grand Jury Docs
A New York federal judge on Monday denied the Trump administration's bid to unseal grand jury transcripts and exhibits in the prosecution of Ghislaine Maxwell, who is appealing a 20-year prison sentence for trafficking teenage girls for sex offender and disgraced financier Jeffrey Epstein, concluding that the materials contain almost nothing new.
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August 08, 2025
8th Circ. Revives Floyd Protestor's Arson Case Challenge
A protester convicted of arson at a Minneapolis pawn shop during 2020 protests over the murder of George Floyd — and where the dead body of another man was later found — will get another shot at vacating his sentence after the Eighth Circuit ruled Friday that a district court miscalculated the deadline to challenge his sentence.
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August 08, 2025
Ex-Ga. ICE Doc Ends Slander Suit Against Amazon Podcast
A former physician at a Georgia immigration detention center has settled his lawsuit against a true crime podcast and its host, alleging they defamed him by claiming he performed forced hysterectomies on detainees.
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August 08, 2025
Injured Woman Owes Ex-Attys More Than She Won At Trial
A Texas appeals court has affirmed a $150,000 arbitration award for a law firm sued over the contingency fees owed by a former client in a personal injury suit that ended in a post-trial settlement of about $130,000, rejecting the woman's bid to invalidate the award.
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August 08, 2025
Hospital, Clinic Exit Suit Over Man's Fatal Stabbing
A California appeals court has refused to revive a woman's suit against a psychiatric hospital and outpatient clinic blaming them for the death of her husband who was stabbed by her mentally ill son, saying the healthcare providers are shielded by a psychotherapist immunity statute.
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
Fla. Panel Slams 'Unending Demand' In Nursing Home Suit
A Florida appeals court reinstated an estate's suit against the owners and managers of a nursing home over the lack of treatment of one of its now-deceased residents, chastising the "seemingly unending demand" for detail as the trial court repeatedly called for amendments to the initial complaint.
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August 08, 2025
AT&T Faces Suit After Fiber Optic Cable Kills Texas Woman
The family of a Texas woman who died in May after a low-hanging fiber optic line struck her in the head is suing AT&T and its cable maintenance contractor, claiming that the cable hung below required safety code heights and that the companies failed to follow proper installation procedures.
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August 08, 2025
Ga. Court Keeps Insurer's Shooting Coverage Dispute Alive
A Georgia federal judge refused to grant AMCO Insurance Co. an early win on most claims in its suit asserting it has no duty to defend an Atlanta apartment complex sued by a resident who was struck by bullets while sleeping.
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August 08, 2025
Costco Judgment Reversed Over Expert Report Rule Misstep
The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.
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August 08, 2025
Wash. Firm's $1M Cyber Insurance Suit Survives Dismissal
A Washington federal court rejected a cyber insurer's bid to dismiss a law firm's coverage action alleging it lost more than $1 million in a data breach that also involved spoofed emails, finding the insurer's interpretation of the word "for" was unreasonable, given the structure of the policy.
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August 08, 2025
Rite Aid Picks Azend As Buyer Of Pharmacy Assets
Pharmacy chain Rite Aid has told a New Jersey bankruptcy judge it's selected Med One Pharmacy Inc. as the buyer of drugs in its inventory, customer information, leases and other assets, months after the company transferred millions of prescriptions and dozens of stores to CVS and other businesses in Chapter 11.
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August 08, 2025
Transit Cos. Get Woman's $1.7M Tripping Verdict Undone
A New Jersey appeals panel has vacated a $1.7 million verdict in favor of a woman who sued Delaware River Port Authority and Port Authority Transit Corp. after she tripped and fell at a train station, saying the trial court wrongly permitted an inadmissible lay opinion that tainted the verdict.
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August 08, 2025
New Orleans Archdiocese Plan Will Get One Shot In November
A Louisiana bankruptcy judge on Friday gave the Roman Catholic Archdiocese of New Orleans permission to send its Chapter 11 plan out for a creditor vote and to hold a November confirmation hearing, but warned the parties this was their only chance to put the proposal into effect.
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August 08, 2025
Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds
The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 08, 2025
Texas Modernizes Barratry Ban To Include Online Outreach
Texas, a state with a long history of outlawing prohibited legal services solicitation — known as barratry — has passed a bill updating its penal code to expand the definition of illegal barratry to cover new media, amid a reported rise in digital solicitation, with the amended law set to take effect on Sept. 1.
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August 07, 2025
Fox Brands Calif. Gov.'s $787M Defamation Suit 'Spectacle'
Fox News has asked a Delaware court to toss California Gov. Gavin Newsom's $787 million defamation suit over the network's coverage of his June 6 phone call with President Donald Trump, calling it a "political stunt" and "spectacle" that shouldn't be rewarded.
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August 07, 2025
7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial
The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.
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August 07, 2025
2nd Circ. Says Asylum Status Must Be Current For Green Card
Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.
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August 07, 2025
4th Circ. Revives Suit Over Threats To Trans Teen At School
A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Strategies For ICE Agent Misconduct Suits In The 11th Circ.
Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.