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Personal Injury & Medical Malpractice
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August 07, 2025
Fox Rothschild Must Face Litigation Funding Suit, Court Told
A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.
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August 07, 2025
Ex-Knick Slams Madison Square Garden's $1.5M Fee Request
Charles Oakley slammed Madison Square Garden's bid for $1.5 million in attorney fees stemming from its pursuit of the former New York Knick's deleted text messages in his battery suit against the arena, claiming that only "bad faith" could justify such an "inflated" request.
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August 07, 2025
Mich. Agency Can't Shake Suit Over Fights At Psych Hospital
The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight.
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August 07, 2025
Wawa Beats Injury Suit Appeal Despite Deleted Footage
The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.
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August 07, 2025
Insurer Says Conviction Bars Coverage For Police Injury Suit
An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.
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August 06, 2025
States Urge Justices To Back Med Mal Laws In Federal Court
Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.
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August 06, 2025
Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case
A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.
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August 06, 2025
RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says
A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.
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August 06, 2025
Pa. Panel OKs Doctor's Midtrial Win In Bad Surgery Suit
A Pennsylvania appellate panel on Wednesday upheld a trial judge's decision to grant a midtrial win to a physician accused of botching a woman's saliva gland removal surgery, saying the plaintiff's liability theory was not supported by the testimony of her medical expert.
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August 06, 2025
Archdiocese Seeks Reinsurance Docs In Sex Abuse Row
The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."
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August 06, 2025
Golfer Wants Full 11th Circ. To Take Swing At Defamation Suit
Pro golfer Patrick Reed urged the full Eleventh Circuit Tuesday to take a second look at his failed defamation suit against a litany of media organizations and figures, arguing that a three-judge panel "abjectly failed" to properly review his complaints after their dismissal by a Florida federal judge.
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August 06, 2025
Philly To Pay $3M To Pedestrians Hurt In Police Chase: Attys
The city of Philadelphia has agreed to pay nearly $3 million to resolve a civil rights lawsuit filed by pedestrians, including a child, who were hit by a police motorcycle engaged in a high-speed pursuit, the plaintiffs' attorneys said Wednesday.
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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.
Expert Analysis
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.