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Personal Injury & Medical Malpractice
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Ethiopian Airlines Case Settles '2 Minutes' Before Last Hearing
A Chicago damages trial set for a man who lost his immediate family in an Ethiopian Airlines plane crash can be taken off the books because his case settled "literally two minutes" before his final pretrial hearing, attorneys told an Illinois federal judge Friday.
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July 11, 2025
Hospital Says Wash. Withholding Docs In Billing Fraud Suit
A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Tesla Faces Trial Over Fatal Autopilot Crash In Florida
The first third-party wrongful death case involving Tesla's autopilot system is headed to trial Monday in Miami federal court, where jurors will determine whether the autopilot was at fault for the death of a pedestrian in a Florida Keys crash.
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July 11, 2025
Gun Group's NJ Nuisance Law Case Paused Amid State Action
A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.
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July 11, 2025
NJ Libel Suit Against 'Legal Edutainer' Tossed For Good
A New Jersey federal judge on Friday tossed for good claims that a self-proclaimed online "legal edutainer" defamed the founder of a company that aims to help celebrities in mental health crises, finding that the complaint failed to remedy earlier complaints' pleading defects.
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July 11, 2025
2nd Circ. Backs NY Liability Law Targeting Gunmakers
The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.
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July 11, 2025
Fla. Panel Sends Trampoline Park Injury Suit To Arbitration
A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Litigation Funder Can't Escape Crash Loans Suit, Court Told
A married couple suing a litigation funding firm and multiple law firms, alleging they steered the couple into high-interest loans, told a New Jersey state court that they adequately pled fraud and urged the court not to dismiss their case against the funder.
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July 11, 2025
'Sketchy' Details Of Doc's Death Leave Fraud Case In Limbo
A Manhattan federal judge said Friday that he would consider dismissing charges against a New York City doctor accused of facilitating a $70 million insurance fraud if his death is confirmed, but cited ongoing questions over his purported demise in a boating accident.
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
Penn Hospital Can't Escape Record $207M Med Mal Judgment
A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
Conn. Hospital Hit With $20M Wrongful Death Verdict
A Connecticut state jury on Wednesday slapped an anesthesiologist group and Middlesex Hospital with a $20 million verdict, finding that they negligently ignored multiple signs that a patient was bleeding during and after a routine abdominal surgery.
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July 10, 2025
Golfer's Defamation Suits Not Up To Par, 11th Circ. Says
The Eleventh Circuit won't revive a pair of defamation suits by golfer Patrick Reed against media outlets he accused of defaming him by reporting accusations of cheating and criticism of his association with a Saudi Arabia-backed golf organization.
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July 10, 2025
50 Cent's Ch. 11 Reopened After Woman's $20M Injury Suit
A Connecticut bankruptcy judge on Thursday reopened recording artist 50 Cent's 2015 Chapter 11 case but allowed a New York jurist to first decide whether to dismiss a woman's $20 million injury case, setting up a potential showdown over whether a 2017 discharge order might upend the woman's February lawsuit.
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July 10, 2025
Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit
The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
Texas Cop's Estate Can't Redo Trial Over Accidental Evidence
A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.
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July 10, 2025
Conn. Panel Will Again Hear Ex-Alex Jones Atty's Ethics Case
The Connecticut Appellate Court will hear former Alex Jones attorney Norm Pattis' second appeal of his already-reduced, two-week suspension for allowing a former associate to send Sandy Hook medical records to other Jones attorneys who had not signed a confidentiality order.
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July 10, 2025
Ga. Atty Avoids Sanctions In Suit Over Fatal Police Shooting
A Georgia federal judge has rejected Savannah officials' bid to sanction attorneys suing for civil rights violations in the 2022 shooting death of a Black man by a police officer who's facing murder charges, finding Wednesday that an attorney's comments to the media weren't made in bad faith — but warned counsel to "tread carefully."
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July 10, 2025
Veteran In-House Atty Heads McAllister Olivarius' US Practice
A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.