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Personal Injury & Medical Malpractice
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Sony Can't Exit Suit Over Singer Jameson Rodgers' Beer Toss
Sony must face a suit over injuries suffered by a concertgoer hit by an unopened beer can tossed from the stage by country singer Jameson Rodgers, saying the injured woman plausibly alleged that the record label did business with the singer in regard to live performances.
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October 22, 2025
Ohio Derailment Attys Can Start Contempt Bid Before Audit
An Ohio federal judge has granted a request from class counsel to advance a bid to hold the administrator of Norfolk Southern's $600 million derailment settlement in contempt without having to wait for the results of a court-ordered audit.Â
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October 22, 2025
Court Scraps $2.7M Crash Verdict Over Doc's Trial Testimony
A Florida appeals court on Tuesday reversed a $2.7 million jury award in an auto collision case, finding that the trial court erred by allowing undisclosed expert testimony from a treating physician regarding the plaintiff's future medical expenses.
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October 22, 2025
Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit
Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.
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October 22, 2025
NJ Justices To Hear 3rd Circ.'s UIM Coverage Questions
New Jersey's justices will help the Third Circuit consider whether a resident can recover up to the full $2 million limit in his employer's auto policy with Zurich rather than its $15,000 limit for underinsured motorists, the New Jersey Supreme Court announced Wednesday, taking up two certified questions.
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October 22, 2025
Obstetrician's Win Upheld In 'Outrageous Terminology' Suit
A Georgia Court of Appeals on Wednesday upheld a trial court's decision that an Atlanta obstetrician's allegedly "outrageous terminology" wasn't "extreme and dangerous," and that she didn't intentionally inflict emotional distress when she told a couple their stillborn child had been "decapitated" during delivery. Â
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October 22, 2025
Pool Maker Hit With Suit Over Deadly Design Flaw
Bestway on Tuesday was hit with a proposed class action in Illinois federal court over five million recalled above-ground pools that resulted in the deaths of nine children, saying that the company's recall after years of failing to act burdens consumers.
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October 22, 2025
Purdue Fights Baltimore Objection Ahead Of Ch. 11 Plan Trial
Purdue Pharma LP told a New York bankruptcy judge on Wednesday it is concerned a recent objection to its Chapter 11 plan brought by the city of Baltimore could disrupt its case just weeks before the drugmaker is set to begin trial on a deal that creditors overwhelmingly support.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 21, 2025
Ga. Justices Weigh City's Duty In $33M Fatal Crash Case
The Georgia Supreme Court considered Tuesday whether to overturn a state appellate court's ruling that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.
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October 21, 2025
Salesforce Gets Sex-Trafficking Suit Paused For Criminal Case
The Texas federal judge overseeing consolidated litigation accusing Salesforce of benefiting from the sex trafficking of people on Backpage, the defunct classified ads website that used the company's software, put the case on ice Tuesday, saying a related criminal case must first be resolved.
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Fla. Jury Hits Target With $11.3M Verdict In Bad Fall Case
A Florida state jury has awarded about $11.4 million to a woman who suffered a badly fractured leg after she fell outside a Target store in an Orlando suburb, dwarfing the store's $250,000 pretrial settlement offer, plaintiff's counsel announced.
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October 21, 2025
Mike Trout Stopped Paying Staffer For Stunts Over Drug Fears
Taking the stand Tuesday in a civil trial over Los Angeles Angels pitcher Tyler Skaggs' death, outfielder Mike Trout testified that he would occasionally pay the staffer who sold Skaggs drugs to do outrageous stunts, but stopped after suspecting the money might be going toward drugs.
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October 21, 2025
Senate Panel Clears Aviation Safety Bill After DCA Collision
A Senate committee advanced legislation Tuesday that would mandate aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, a response to January's deadly midair collision between a U.S. Army helicopter and an American Airlines regional jet near Washington, D.C.
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October 21, 2025
Ky. Mother Sues Roblox Over Daughter's Suicide
The mother of a child who died by suicide after allegedly being manipulated by a community on Roblox dedicated to praising mass shooters has filed suit in Kentucky federal court, the latest in a wave of litigation targeting the popular gaming platform over claims it fails to protect children.
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October 21, 2025
NTSB Member Urges DC Court To Nix Trump's 'Illegal' Firing
A National Safety Transportation Board member challenging his firing in May by President Donald Trump is urging a D.C. federal court to reinstate him, saying the board's removal protections are constitutional.
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October 21, 2025
Purdue Touts Wide Support For Latest Ch. 11 Plan
Pharmaceutical titan Purdue Pharma heralded Tuesday that its newest Chapter 11 plan has almost total support from voting creditors, saying the proposal could pave the way to creditors receiving more than $7 billion, after its well-publicized role in the opioid epidemic pushed the company into bankruptcy and the U.S. Supreme Court rejected its original plan.
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October 21, 2025
J&J Unit Seeks Sanctions Over Doc's Deleted Talc Emails
A Johnson & Johnson subsidiary is asking a Virginia federal court to sanction a doctor who it alleges wrote a false article linking its talc products to mesothelioma, saying the only explanation for his policy of deleting all emails as soon as he sends or reads them is to destroy evidence.
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October 21, 2025
CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death Suit
A widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted.
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October 21, 2025
11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart
The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.
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October 21, 2025
Pa. Justices Will Probe 'Ambiguous' Auto Policy Exclusion
The Pennsylvania Supreme Court will consider whether insurance policy language blocking coverage for injuries "arising out of" the ownership or use of "autos" was unclear enough to be interpreted in favor of granting coverage for an accident involving a small terminal tractor truck.
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October 21, 2025
Calif. Court Backs Birth Battery Claim, Split On Gender Abuse
A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.