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Personal Injury & Medical Malpractice
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November 05, 2025
Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit
A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.
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November 05, 2025
Philip Morris Damages Guardrail Bid Meets Skeptical Justices
Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
High Court Justices Mull Removal Issues In Baby Food Case
The U.S. Supreme Court on Tuesday grappled with whether a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was properly removed to federal court, as some justices voiced concerns about depriving plaintiffs of their choice of forum.
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November 04, 2025
4 Sue Mormon Church Over 'Known Pedophile' High Priest
Four men are suing the Church of Jesus Christ of Latter-Day Saints in the state of Washington, alleging the church reinstated a known pedophile to the position of high priest without warning members, allowing him to continue sexually abusing children as young as 5 years old.Â
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November 04, 2025
Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told
The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.
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November 04, 2025
2nd Circ. Won't Revive COVID Death Suits Against Cuomo
Former New York Gov. Andrew Cuomo and other state officials don't have to face claims blaming them for COVID-related deaths in nursing homes stemming from directives seeking to lessen the strain on hospitals, the Second Circuit ruled Tuesday, finding the defendants are entitled to qualified immunity amid a public health crisis.
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November 04, 2025
Dad Expands Wrongful Death Claims In Ketamine Overdose Suit
A father who claims his 27-year-old son died of a ketamine overdose due to the negligent practices of online therapy provider Mindbloom has added Illinois-based specialty pharmacy chain Optio Rx LLC as a defendant in his North Carolina state lawsuit, claiming it is liable for compounding, manufacturing and shipping the dangerously "unpredictable drug."
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November 04, 2025
Ex-Fla. GOP Chair Says Police Unlawfully Searched His Phone
The former chairman of Florida's Republican Party sued a pair of police detectives for alleged violations of his constitutional rights, claiming he was forced to resign after they searched his cell phone and included private communications in reports that were leaked to the public.
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November 04, 2025
DC Circ. Affirms Gun Conviction Despite Anxious Juror Note
A D.C. Circuit panel affirmed a man's nearly five-year sentence for being a felon in possession of a gun, finding on Tuesday that although a juror told the court after the verdict that her anxiety may have deprived the defendant of justice, this couldn't be considered.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Alexander Bros. Hit The Real Deal With $500M Defamation Suit
Amid drugging, sexual assault and sex-trafficking charges, two ex-Douglas Elliman employees and their brother have hit real estate news outlet the Real Deal with a $500 million defamation suit in New York state court, claiming that the outlet deliberately wrote "defamatory" articles about them so that it could "shamelessly grab clicks and boost revenue."
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November 04, 2025
Insurer Escapes Defense Duty In Fatal Drunk Driving Case
An insurer has no duty to defend a bowling center against claims that it overserved alcohol to a patron who then drove and killed another motorist, a New Mexico federal court ruled, finding that the policy's liquor liability exclusion bars coverage.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Judge Won't Yet OK Boeing Whistleblower Suicide Settlement
A lawsuit accusing Boeing of instigating a "campaign of harassment" against a whistleblower leading to his suicide remains ongoing after a South Carolina federal judge declined to approve a $50,000 settlement, saying that the confidential terms of a separate but related deal prevent her from knowing if this agreement is fair.
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November 04, 2025
Def Leppard Drummer Settles Suit Over Hotel Attack
Def Leppard drummer Rick Allen settled his suit against the Four Seasons on Tuesday, just before the parties were about to open a trial on Allen's negligent security claims against the hotel company over a violent attack just outside the Four Seasons hotel in Fort Lauderdale, Florida.
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November 04, 2025
NC University Fights Ex-Football Player's Negligence Appeal
A North Carolina university could not foresee an on-campus altercation between students, and therefore had no duty to protect one of those students who later sued the school for negligence, a North Carolina state appeals court was told.
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November 04, 2025
Ga. Panel Backs $80M Verdict In Moped Collision Death Suit
A Georgia appeals panel refused to disturb an $80 million wrongful death verdict against a driver involved in a collision with a moped, rejecting her arguments that the trial court should have admitted evidence of the decedent's alleged substance abuse, or that the jurors were improperly empaneled.
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November 04, 2025
Mass. Developer, Wife Sue Hotel Over Fall At Award Gala
A prominent Massachusetts real estate developer and his wife have filed a negligence lawsuit against Boston's Seaport Hotel, claiming she was seriously injured when she fell onto a partially obscured staircase during an event.
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November 03, 2025
Couple Trapped In Tesla During Fatal Fire, Wis. Family Claims
Tesla Inc. turned a "survivable crash into a fatal fire" through multiple design defects in its Model S car, according to a Wisconsin state court lawsuit filed by the family of a couple who died trapped inside one when it erupted into "big flames."
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November 03, 2025
Justices Tackle Scope Of Military Contractor Liability
The U.S. Supreme Court appeared hesitant on Monday to completely shelter U.S. military contractors engaged in combatant activities from liability for state-based injury claims, as the justices questioned whether doing so could hurt troops.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
Parade Shooting Victims, Organizers Seek To Ax Insurer's Suit
Individuals who were injured in a mass shooting at the 2024 Kansas City Chiefs' Super Bowl parade and the event's organizers asked a Missouri federal court to toss an insurer's bid to escape coverage, arguing that the carrier's suit should be dismissed due to a related state court case.
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November 03, 2025
Teachers' Unions Back UC's Challenge To Feds' Funding Cuts
Several community college teachers' unions backed the University of California system's challenge to millions of dollars in cuts to federal funding for higher education projects and programs, saying President Donald Trump's fight with the UC system is trickling down to its community colleges.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.