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Personal Injury & Medical Malpractice
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October 27, 2025
Chancery Lets J&J, Dow Fight To Save Asbestos Data
The Delaware Chancery Court has refused to toss a suit by Johnson & Johnson, Dow Chemical and other major asbestos-defendant companies that are seeking to block a set of bankruptcy trusts from destroying decades of exposure data.
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October 27, 2025
9th Circ. OKs Gun Ban For Suspect Who Brought Gun To Court
The Ninth Circuit on Monday revived the indictment of a man who brought a loaded handgun into an Idaho state court, finding that a no-contact order banning him from possessing a firearm does not violate his Second Amendment rights.
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October 27, 2025
Ga. State Judge Wrongly Jailed Woman, Suit Alleges
An Alabama woman has claimed that a Georgia state judge violated her constitutional rights by improperly jailing her when she was a witness in the judge's courtroom, a move that came as a state commission is seeking the judge's removal from the bench over that and other alleged misconduct.
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October 27, 2025
Amazon Sued By Conn. Family After Toy Battery Caught Fire
A Connecticut family says they were forced to vacate their home for 75 days and get rid of most of their possessions after a battery for model cars and trains purchased from Amazon exploded, setting the home on fire and releasing toxic fumes.
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October 27, 2025
Insurer Says Hotel's $4M Trafficking Judgment Not Covered
A Chubb unit told a Pennsylvania federal court that it has no duty to defend or indemnify a former Ramada Inn franchise operator that was ordered to pay the hotel chain's parent company over $4 million after it settled claims that the hotel profited from human trafficking.
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October 24, 2025
Meta To Face Sanctions Bid Over Alleged Atty-Advice Fraud
Plaintiffs told the California federal judge presiding over social media-addiction multidistrict litigation that Meta should be sanctioned after a D.C. court found Meta likely engaged in "crime, fraud, and/or misconduct" when, on the advice of counsel, it modified its research into Facebook's effects on teens' mental health to limit its liability.
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October 24, 2025
Fla. Court Says Freight Broker Must Face Fatal Crash Suit
A Florida appeals court has revived a suit seeking to hold a trucking broker liable for a fatal crash involving a big rig hauling beer for Anheuser-Busch, saying the safety exception of the Federal Aviation Administration Authorization Act applies, so the negligence claim is not preempted by federal law.
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October 24, 2025
Groups Ask Justices To Limit Jurisdiction In Audi Defect Fight
A leading automotive industry group asked the U.S. Supreme Court on Friday to tighten the limits on specific personal jurisdiction over foreign defendants, saying a California state appeals court improperly held that personal injury plaintiffs could haul German auto giant Audi AG to court in California.
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October 24, 2025
USAA Defends Medical Reimbursement Cuts In Coverage Row
Two USAA units sought to toss two insureds' proposed class action accusing the companies of under-reimbursing their medical providers via claim handling software, telling a Washington federal court "there is no admissible evidence that plaintiffs' treatments were medically necessary and related to their auto accidents."
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October 24, 2025
Mich. Justices Won't Bar Tort Claims For Nonresident Drivers
Michigan's highest court on Friday refused to review a decision finding nonresidents who split their time between Michigan and another state may sue other drivers for pain and suffering damages even if they lack in-state auto insurance.Â
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October 24, 2025
Jury Awards $3.65M To Hotel Manager In Sex Harassment Suit
A former assistant manager at a Howard Johnson in Queens, New York, was awarded $3.65 million in damages after a federal jury found the hotel violated state and city anti-harassment laws by failing to address her complaints about residents' violent behavior and sexual comments.
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October 24, 2025
Edelson Looks To Drop Claims Against Ex-Girardi Keese Attys
Edelson PC has signaled plans to drop civil claims it lodged against two former Girardi Keese attorneys over Tom Girardi's theft of millions from clients, but the Illinois federal judge handling the case said Friday that he wants to discuss the firm's filing.
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October 24, 2025
Buyer Sues Target, Says Heated Blanket Burned Her
A Washington woman is suing Target Corp. and Berkshire Blanket & Home Co. Inc. in federal court, alleging she suffered severe burns to her toes when a heated blanket she bought overheated.
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October 24, 2025
Michigan Appellate Court Clears Up Landlord Liability Dispute
A Michigan appellate court ruled that tenants do not need to prove that their landlords were notified of unfit conditions at their units in order to bring claims under a state law requiring property owners to keep premises in reasonable repair.
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October 24, 2025
Admin Of $600M Derailment Deal Accused Of 'Alarming' Errors
Class counsel who inked a $600 million derailment settlement with Norfolk Southern called on an Ohio federal judge to revoke nearly $10 million in fees paid to the case's prior settlement administrator after an initial audit found "alarming, large-scale errors" in its claims management.
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October 24, 2025
Chicago Firm Accused Of Jailing Fla. Man Over $2.5M Fee
A Florida man has sued a Chicago firm over false imprisonment, alleging in a Miami-Dade County complaint that its attorneys spied on him remotely through a security camera installed at his Florida Keys home and had him arrested in order to collect $2.5 million in fees
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October 24, 2025
Hagens Berman Wants Judge DQ, Alleges Drug Lawsuit Bias
Hagens Berman Sobol Shapiro LLP asserted Friday that the Pennsylvania federal judge overseeing the long-running thalidomide birth-defect litigation in the state should be recused, alleging over 100 undisclosed private contacts between the court and special discovery master as an indication of bias.
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October 24, 2025
NFL Players' Race Bias Claims Tossed In Concussion Case
A Pennsylvania federal judge on Friday denied a motion by a group of 16 former football players who claimed that they were wrongly denied benefits under the National Football League's 2015 concussion injury settlement.
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October 24, 2025
Conn. High Court Snapshot: Discipline Powers Top Docket
When the Connecticut Supreme Court reconvenes Monday, it will consider two appeals with ramifications for the way attorneys are disciplined in the state and take up a wage case against Amazon that it previously punted due to a lawyer's family emergency.
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October 24, 2025
Abbott Wins Third Bellwether In Cow Milk Baby Formula MDL
An Illinois federal judge has given Abbott Laboratories Inc. its third bellwether win in multidistrict litigation alleging that its cow-milk-based baby formula gives infants necrotizing enterocolitis, saying the company successfully demonstrated that the plaintiff's proffered human-milk-based alternative would not be feasible.
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October 24, 2025
Paramedics Can't Use Mich. Law To Escape Negligence Suit
Evidence suggesting paramedics may have forged a patient's signature declining hospital transport for COVID-19 care and purported statements that responders didn't bring him in because hospitals were full are enough to overcome a state law that gives immunity to emergency responders, a Michigan appellate panel has determined.
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October 23, 2025
Delta Workers Can't Revive Claim Lands' End Uniforms Toxic
The Seventh Circuit refused to revive a suit Thursday against Lands' End brought by hundreds of Delta Air Lines employees who claim their Lands' End-produced Delta uniforms were toxic and made them sick, saying none of the employees' experts offered testimony establishing that the uniforms were defective.
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October 23, 2025
DC Judge Won't Let Meta Claw Back Discovery Docs
A D.C. Superior Court judge on Thursday said that attorneys for Meta told researchers to modify their research into its platform's effects on teens' mental health to curtail liability, finding that the crime-fraud exception to communications between attorney and client applies.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Wash. Justices Point To Student SA Case In Hazing Death Suit
The Washington State Supreme Court appeared split Thursday on whether an Evergreen State university could be liable for a fraternity pledge's alcohol-related death after an off-campus hazing ritual, given the justices' 2024 ruling the same school had no duty to protect a student from rape at an off-campus party. Â
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Opinion
Small-Plane Black Box Mandate Would Aid Probes, Lawsuits
Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Opinion
$40M Award Shows Hospitality Cos. Can't Ignore Trafficking
A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.