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Personal Injury & Medical Malpractice
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Fla. Jury Hears Money Trail In Law Professor's Murder Trial
Multiple witnesses were called to the stand in Florida state court Tuesday in the trial of a woman accused of masterminding a conspiracy involving hiring hitmen to murder a law professor amid a custody dispute over her grandchildren, telling jurors about financial transactions that occurred before and after the killing.
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August 26, 2025
Towing Co. Fights 'Excessive' $45M Motorcycle Crash Verdict
A Connecticut towing and recovery company has asked a state judge to order a new trial or reduce a jury's $45 million verdict for a motorcycle rider who was left permanently paralyzed in a crash with a customer's vehicle, calling the award "excessive" and unsupported by the plaintiff's own expert witness.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Sorrels Law Adds Litigation Ace From Houston Trial Boutique
Sorrels Law has added a partner in Houston who brings nearly three decades of experience handling personal injury and complex commercial litigation matters and who joins from Fleming Nolen & Jez LLP, a commercial litigation and personal injury boutique in the process of winding down.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 26, 2025
Canadian Tobacco Co.'s Tort Deal Gets US Recognition
A New York bankruptcy judge Tuesday granted U.S. recognition to the restructuring of one of Canada's largest tobacco distributors as part of its participation in a CA$32.5 billion ($23.59 billion) settlement of Canadian tobacco lawsuits.
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August 26, 2025
Atty's Comments Don't Warrant A New Trial In Crash Suit
A Florida appeals panel has reversed an order for a new trial in a suit over a car accident, saying that the trial court abused its discretion in finding that the defense attorney's comments warranted a redo in the case.
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August 25, 2025
Lion Air Plaintiffs Say High Court Ruling Allows RICO Claims
An Illinois federal judge seemed skeptical Monday that a recent U.S. Supreme Court ruling opened the door for an entrepreneur's family to add civil racketeering claims to their lawsuit stemming from a 2018 Lion Air crash that destroyed cargo they say is necessary to continue doing business in Italy.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
NC Woman Says Starbucks' Lid Design Led To Severe Burns
A North Carolina woman has claimed she suffered "severe burns" and permanent scarring when her Starbucks coffee lid "popped off without warning," spilling a hot Americano onto her lap, according to a product liability lawsuit recently removed to federal court.
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August 25, 2025
Chubb Units Say No To Test Cases In Archdiocese Ch. 11
Insurance carriers for the Archdiocese of San Francisco urged a California bankruptcy court to reject a deal between the archdiocese and sexual abuse claimants to allow five lawsuits to proceed despite a Chapter 11 automatic stay.
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August 25, 2025
Wash. Judge Clears Feds In Navy Vet's VA Negligence Suit
A Washington federal judge said Monday that the federal government is not liable for medical malpractice in a U.S. Navy veteran's case blaming a U.S. Department of Veterans Affairs psychiatrist for her December 2011 psychotic episode that turned violent, finding the doctor made no missteps when treating her in the weeks before the incident.
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August 25, 2025
NC Justices Say It's Golfer's Own Fault He Was Hit By Ball
The North Carolina Supreme Court won't let a golfer revive his suit alleging that another golfer and the city that owned a driving range are liable for injuries he sustained when he was hit in the eye with a ball, saying his claims are blocked because of his own negligence and failure to see to his own safety.
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August 25, 2025
Supervised Release Violators Can Be Jailed, 2nd Circ. Says
The Second Circuit on Monday ruled that federal judges have the authority to detain criminal defendants who are awaiting a hearing to determine whether they violated the terms of their supervised release.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
Franchisee Owes $3M For Trafficking Deal, Court Told
Counsel for the Wyndham hotel chain told a Philadelphia judge Monday that one of its franchisees should indemnify it to the tune of $3 million stemming from a settlement and attorney fees in a sex trafficking lawsuit involving a subsidiary's hotel in the city.
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August 25, 2025
Albany Diocese Creditors, Insurers Spar On Claim Challenges
Tort claimants have urged a New York bankruptcy judge not to hear insurers' objections to claims in the Chapter 11 of the Roman Catholic Diocese of Albany, challenging the companies' position they have a financial stake in the court's decision on whether to allow the claims.
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August 25, 2025
Ex-Wife Testifies On Custody Dispute Before Fla. Prof's Death
The ex-wife of a slain Florida State University law professor testified Monday about the dispute for custody of her children, recalling details that she said were in emails from her mother, who is on trial for orchestrating a plot to have the ex-husband killed by hired assassins.
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August 25, 2025
Atlanta-Area Hotels Failed To Stop Sex Trafficking, Suit Says
A group of Atlanta-area hotel owners and operators, including Ritz-Carlton Buckhead, were sued in Georgia federal court by a woman who alleged that they did nothing to prevent her from being trafficked for sex as a minor even at their properties though the signs were blatant.
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August 25, 2025
NJ School Can't Shield Clergy Abuse Info Ahead Of 1st Trial
A Garden State judge presiding over consolidated clergy abuse litigation has ruled that the Order of St. Benedict of New Jersey cannot assert attorney-client privilege over most materials, including third-party compliance reports, the organization sought to shield ahead of what the plaintiffs' attorneys believe will be the state's first civil trial against the Catholic Church over sex abuse.
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August 25, 2025
Atty Can't Retool Law School Loan Battle With Ex, Court Told
A Florida lawyer fighting Wells Fargo, his former girlfriend, her attorney and others over a $30,000 bill for law school loans paid by his ex has failed to establish a good cause why he should be permitted to amend his complaint for the fourth time, according to a Monday filing in federal court.
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August 25, 2025
11th Circ. Won't Rehear Lodge Shooting Coverage Dispute
The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.
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August 25, 2025
NJ Court Upholds Most Claims In Judicial Privacy Suits
Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.
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August 25, 2025
Glock Can't Escape Minnesota's Gun Modification Suit
A Minnesota state judge won't let Glock Inc. or its Austrian parent company out of a suit by the state alleging it knowingly designs and sells handguns that can be easily converted into machine guns.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.