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Personal Injury & Medical Malpractice
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October 28, 2025
Ga. Defamation Case Against Atty Hinges On Doctor's Status
The Georgia Court of Appeals asked a trial court Tuesday to determine whether an orthopedic surgeon in the Peach State is a public figure or private person, a question at the center of whether the physician can pursue a defamation suit against a defense attorney.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 28, 2025
CSX Beats Truck Driver's Suit Over Amputated Fingers
The Georgia Court of Appeals backed an early win by a CSX division and a logistics company in a truck driver's lawsuit over a shipping container that slipped and crushed his hand, ruling that even if the companies had negligently loaded the container, the driver "could have avoided the consequences."
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
Texas Accuses Tylenol Makers Of Hiding Autism Danger
The Texas Attorney General's Office on Tuesday sued the makers of Tylenol, alleging they hid the risk that the drug could lead to autism while marketing acetaminophen as the safest pain relief option for pregnant women and young children.
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October 27, 2025
Angels Players Shared Pills, Former Staffer's Ex-Wife Says
The ex-wife of a former Los Angeles Angels staffer who supplied the drugs that killed pitcher Tyler Skaggs told a California state jury Monday that Angels coworkers knew about her husband's addiction, and that she'd observed players and clubhouse staff passing out Xanax and Percocet on the team's charter plane.
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October 27, 2025
Girardi Keese Trustees Sue Over $3.2M Settlement Transfers
Bankruptcy trustees for disgraced California attorney Tom Girardi's defunct law firm and New York attorney Joseph DiNardo have filed suit to recover more than $3.1 million they allege should have been paid to a gas explosion settlement victim, but instead went to help finance food and beverage businesses.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
Judge To Decide If Trump's Jan. 6 Docs Stay Confidential
A D.C. federal judge will review a trove of documents containing communications between officials from the first Trump administration and attorneys for his 2020 campaign to decide whether they can be kept from discovery in a lawsuit over the Jan. 6, 2021, attack on the U.S. Capitol.
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October 27, 2025
Epstein Docs From JPMorgan Case To Be Largely Unsealed
A New York federal judge agreed Friday to unseal the "great majority" of documents sought by The New York Times and The Wall Street Journal in since-settled litigation alleging JPMorgan Chase aided Jeffrey Epstein's sex-trafficking activity, finding the names of individuals who discussed Epstein with bank executives must be unsealed.
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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.
Expert Analysis
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.