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Personal Injury & Medical Malpractice
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August 06, 2025
Family Says Court Must Face Bias Suit Over Witness Killing
The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.
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August 06, 2025
CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer
A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.
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August 06, 2025
Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL
A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
Meta Says Section 230 Blocks Teen's Nude Photo Suit
Meta Platforms Inc. and its affiliates are urging a California state court to throw out a teen's claims against it over a partially nude photograph that his classmates shared over Instagram, saying the case involves "quintessential Section 230-protected publishing activity."
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August 05, 2025
Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds
Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
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August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit
OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
Tesla Verdict Could Embolden Plaintiffs With Similar Claims
The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.
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August 05, 2025
Walmart's $2.6M Fall Injury Verdict Not Excessive, Court Affirms
A California appeals court has affirmed a $2.6 million award in a suit accusing Walmart of causing a customer's devastating hamstring injury in a fall, saying the verdict was not excessive given the evidence.
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August 05, 2025
10th Circ. Says No Signature Needed In Asylum Appeal
The Tenth Circuit on Tuesday revived a Salvadoran family's appeal of an immigration judge's denial of their asylum claim, ruling that the Board of Immigration Appeals wrongly rejected it over a missing signature that wasn't legally required.
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August 05, 2025
Food Co. Can't Exit Suit By Vendor Worker With Severe Burns
A South Carolina federal judge refused Tuesday to toss a suit seeking to hold Sauer Brands liable for severe chemical burns suffered by an EcoLab worker who was servicing machinery at a food plant, saying workers' compensation immunity doesn't apply.
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August 05, 2025
Homeowners Policy Doesn't Cover Shooting, 6th Circ. Says
State Farm has no duty to defend or indemnify a man facing wrongful death claims after he unintentionally shot and killed a woman in a domestic dispute, the Sixth Circuit affirmed Tuesday, finding that his intentional gunshots still created a foreseeable risk of harm and thus weren't an insurable accident.
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August 05, 2025
Infant Death Suit Reinstated Against Texas Hospital, Doctors
A Texas appeals panel on Tuesday reinstated a couple's suit against Texas Children's Hospital and doctors with Baylor College of Medicine over the death of their 5-week-old infant, finding the trial court abused its discretion in finding their expert report was insufficient to support their claims.
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August 05, 2025
Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks
A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.
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August 05, 2025
4th Circ. Faults Board For Shallow Review Of Asylum Case
The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
Korean War Vet's Widow Sues Feds For Wrongful Death
The widow of a Korean War veteran has sued the federal government, alleging that staff at Georgia's Carl Vinson VA Medical Center caused her husband's death by failing to care for him properly while he was a patient at its community living center.
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August 05, 2025
Property Co. Sues Zurich Over Music Video Shooting Defense
Zurich failed to adequately defend claims over a shooting that occurred during the filming of a music video for rapper Lil Baby, an Atlanta property owner told a Georgia federal court, saying it's entitled to retain independent counsel at the insurer's expense due to an ongoing conflict of interest.
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August 05, 2025
Charlotte Bar Shares Blame For Fatal Shooting, NC Panel Told
The estate of a shooting victim has doubled down on its efforts in a North Carolina appellate court to revive wrongful death claims against a bar accused of overserving the shooter, arguing the lower court ruled on foreseeability too early in the case.
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August 05, 2025
Tesla Hit With Suit Over Autonomous Vehicle Issues
A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.
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August 05, 2025
Alaska Airlines Can't Nix Flight Attendant's Surgery Win
A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.
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August 04, 2025
NBC Defeats Nunes Defamation Suit Over Maddow Show
A New York federal judge has ended former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent.
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August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees
The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
Expert Analysis
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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.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.