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Personal Injury & Medical Malpractice
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October 09, 2025
McKesson Aims To Escape Dealer Claims In Overdose Death
Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.
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October 09, 2025
BNSF Must Face Trial Over Mont. Woman's Death On Tracks
A Montana federal judge on Thursday refused to toss a suit accusing BNSF of causing the death of a woman hit by a train while walking her dog, saying it should be up to a jury to decide if the railroad failed to provide adequate signage in the area.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Feds Probe Tesla's 'Full Self-Driving' Over Traffic Violations
The U.S. auto safety regulator is investigating Tesla's advanced driver-assistance system known as Full Self-Driving after reports of accidents involving vehicles operating with FSD that have run red lights or crossed into opposing lanes of traffic.
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October 09, 2025
San Antonio Abandons Out-Of-State Abortion Travel Appeal
The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.
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October 09, 2025
Mich. Justices Mull Tort Damages Bar For Nonresident Drivers
Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Insurer Pushes For Default Win In Trench Injury Coverage Suit
An insurer is seeking a default win in its dispute over coverage for a man's trench injury lawsuit, telling an Illinois federal court Thursday that the man has failed to appear or respond to the coverage action.
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October 09, 2025
Megan Thee Stallion Wins Sanctions Over Deleted Messages
A Florida magistrate judge Thursday sanctioned online personality Milagro "Mobz World" Cooper for deleting thousands of text messages and WhatsApp data after being told to preserve evidence in rapper Megan Thee Stallion's defamation and cyberstalking suit against her.
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October 09, 2025
Kentucky AG Enters Roblox Fray, Says App Attracts Predators
The Kentucky attorney general has filed his own suit against Roblox, joining other plaintiffs alleging that the popular gaming platform fails to safeguard against adult sexual predators seeking to target and exploit minors despite assurances to parents that its platform is safe for their children.
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October 09, 2025
Tire-Maker Takes 13 Revived Asbestos Suits To NC High Court
Continental Tire is asking North Carolina's top court to review whether more than a dozen workers' compensation cases linked to alleged asbestos exposure at one of its factories should carry on, saying the claimants cannot skirt the results of a bellwether trial.
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October 09, 2025
Patient Asks 4th Circ. To Revive Faulty Ethicon Stapler Suit
A surgery patient is asking the Fourth Circuit to reinstate his suit against Johnson & Johnson subsidiary Ethicon Endo-Surgery LLC over faulty staples used in his procedure, saying the district court was wrong to deny his request to extend an expert deadline after he finally narrowed down the type of stapler used.
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October 09, 2025
Va. Panel Nixes $2.5M Med Mal Verdict Over Jury Instruction
A Virginia state appeals court has overturned a $2.5 million verdict awarded to a woman who sued an anesthesiologist because he did not provide anesthesia before her cesarean section, finding that the jury should have been given an instruction on superseding cause.
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October 08, 2025
NYC Takes Social Media Youth Addiction Suit To Federal Court
New York City has withdrawn from coordinated litigation against social media companies in California and filed a largely identical suit in federal court, a move the city determined was in its "best interest" for holding the companies accountable for purposefully getting youth hooked on their addictive platforms, a spokesperson said Wednesday.
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October 08, 2025
Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit
Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.
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October 08, 2025
Next Boeing 737 Max Ethiopian Air Cases Set For Nov. 3 Trial
A Chicago damages trial has been set for Nov. 3 for two families forging ahead with wrongful death cases against Boeing over the Ethiopian Airlines 737 Max 8 crash of 2019, with three additional cases up next for trial, counsel for the families said Wednesday.
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October 08, 2025
Ga. Panel Upholds $250K Award Over False Murder Claims
The Georgia Court of Appeals affirmed a lower court's denial of a new trial for a man hit with a $250,000 verdict after falsely claiming that an attorney murdered his own wife, rejecting the man's claims that damages weren't properly pled in the complaint filed against him.
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October 08, 2025
Mark Sanchez, Fox Hit With Civil Suit Over Alleged Assault
Former NFL quarterback and Fox Sports announcer Mark Sanchez has been sued for civil battery over an alleged drunken altercation that left a 69-year-old truck driver with serious injuries, while Fox Corp. was hit with a negligent hiring claim, according to a suit filed in Indiana state court.
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October 08, 2025
NJ Court Partially Revives Worker's Suit Over Truck Collision
A New Jersey appeals panel on Wednesday partially reinstated a worker's negligence claim against a wine company, finding there were questions about its relationship to the worker's employer and whether it owed him a duty of care.
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October 08, 2025
Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings
Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.
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October 08, 2025
LA County Probes Firm's Conduct In $4B Sex Abuse Deal
The Los Angeles County Board of Supervisors has unanimously voted to launch an investigation into a record $4 billion sex abuse settlement it approved earlier this year following claims that the Downtown L.A. Law Group paid people to file complaints.
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October 08, 2025
Cal State Allowed Coach's Sex Harassment, Players Claim
Two softball players are suing California State University, Bakersfield, in Los Angeles state court, alleging that it "authorized" a sexually charged environment and failed to do anything about a coach's sexual harassment and threats.
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October 08, 2025
High Court Open To Allowing USPS 'Campaign Of Terror' Suit
The U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures.
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October 08, 2025
Uber Driver Charged In Deadly Pacific Palisades Wildfire
Federal authorities announced on Wednesday the arrest of an Uber driver for starting the deadly Palisades Fire that caused severe damage to several Los Angeles County communities in January.Â
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October 08, 2025
Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories
A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent.Â
Expert Analysis
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Ruling On Pollutants And Indemnity Offers Insurers Mixed Bag
Both insurers and policyholders can reap benefits from a Georgia federal court's recent declaratory judgment decision, which broadly defined pollutants, but also deemed the duty to indemnify not yet ripe for adjudication, says Jena Emory at Morris Manning.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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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.