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Personal Injury & Medical Malpractice

  • September 09, 2025

    6th Circ. Revives Prisoner's Claim Over 'Cold Fan' Punishment

    The Sixth Circuit on Tuesday partially revived a civil rights lawsuit brought by an incarcerated person in Michigan, finding that his First Amendment rights were violated and he was retaliated against for complaining about an industrial fan that blew excessively cold air into his cell.

  • September 09, 2025

    Wash. Appeals Court Won't Revive Phish Concert Assault Suit

    A Washington state appeals court declined Tuesday to renew two concert attendees' personal injury suit against Phish and Live Nation after they were injured by rocks during a 2018 show, finding they failed to show the band and venue manager could have foreseen the "random attacks."

  • September 09, 2025

    Accuser Avoids Mistrial In 1st Day Of Clergy Sex Abuse Trial

    The accuser in New Jersey's first clergy sex abuse trial avoided a mistrial Tuesday after his counsel used "rape" in opening argument, but got a warning to refrain from using the word to describe the oral sex he was allegedly subjected to by a priest at a Catholic prep school in the 1970s.

  • September 09, 2025

    NFL Insists Ex-Raiders Coach Case Belongs In Arbitration

    The NFL and Commissioner Roger Goodell have urged the Nevada Supreme Court to reconsider its decision to keep out of arbitration a lawsuit filed by former Las Vegas Raiders head coach Jon Gruden accusing the league of character assassination, arguing that the current ruling "would have destabilizing consequences" for contract negotiations in a number of industries.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap

    The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.

  • September 09, 2025

    Ga. Truck Driver Blames Defective Mattress For Wife's Injury

    A truck driver whose wife was allegedly injured after her skin was punctured by a mattress in his tractor-trailer's sleeping cabin told an Atlanta jury Tuesday that he believed she never would have been injured if the mattress had coil springs that were not defective.

  • September 09, 2025

    Pa. Panel Won't Nix Hospice Co. COVID Infection Suit

    A Pennsylvania Superior Court on Tuesday refused to throw out a suit by an elderly couple alleging a physical therapist and her employer negligently infected them with COVID-19, finding the claims are not blocked by federal health emergency laws.

  • September 09, 2025

    Wash. Justices Doubt Amazon's Stance On Chemical Suicides

    Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.

  • September 09, 2025

    No CGL Coverage In Medical Negligence Row, NM Court Says

    A Travelers unit that issued a commercial general liability policy to an orthopedic clinic owes no coverage to the clinic and two of its physicians in an ongoing medical negligence lawsuit, a New Mexico federal court ruled, finding an exclusion barring claims arising from "professional health care services" applicable.

  • September 09, 2025

    9th Circ. Declines To Block Most Of Social Media Addiction Law

    The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Pa. Court Orders Resentencing In 2 DUI Cases Over Treatment

    A pair of drunk-driving cases in Pennsylvania will be sent back to the lower courts for resentencing after a state appeals court ruled Tuesday that recently decided state Supreme Court precedent requires prosecutors to prove in front of a jury that the drivers had previously completed a drunk-driving program in order to apply sentencing enhancements. 

  • September 09, 2025

    Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment

    A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.

  • September 09, 2025

    Eye Care Co. Sold Misbranded Products, Suit Says

    A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.

  • September 09, 2025

    Feds Say Lejeune Litigants Can't Link Chemical To Illnesses

    The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.

  • September 09, 2025

    US Atty Habba Seeks To Nix NJ Mayor's False Arrest Suit

    New Jersey's acting U.S. Attorney Alina Habba told a federal judge Tuesday that Newark Mayor Ras Baraka's lawsuit over his arrest outside an immigration detention center should be tossed since both the government and Habba are immune from suit, and the court cannot impose a damages remedy under U.S. Supreme Court precedent.

  • September 09, 2025

    Crate & Barrel's Insurer Owes Primary Coverage In Injury Suit

    Crate & Barrel's insurer has the primary duty to defend and indemnify a company that subleased a commercial space to the retailer and the owner of the Lower Manhattan property in an underlying personal injury suit, a New York federal court ruled, handing a win to the sublessor's insurer.

  • September 09, 2025

    Minn. Court Won't Reinstate Snowmobile Collision Death Suit

    A Minnesota appeals court refused to revive a lawsuit against a snowmobile club and one of its maintenance workers alleging that their negligence led to the death of a snowmobile user, finding that they are entitled to governmental immunity under the Minnesota Tort Claims Act.

  • September 08, 2025

    Uber Put Profits Over Safety, Jury Told At 1st Sex Assault Trial

    Uber put growth and money over passenger safety, counsel for a woman claiming she was sexually assaulted by a driver said Monday at the first trial in coordinated proceedings in San Francisco involving hundreds of plaintiffs, while Uber's lawyer countered sexual violence incidents against passengers are "exceedingly" rare.

  • September 08, 2025

    10th Circ. Backs Dentist's Murder, Insurance Fraud Convictions

    A dentist convicted of murdering his wife on a hunting trip in Zambia to collect nearly $5 million in life insurance who became the subject of a Hulu documentary must continue to serve a life prison sentence for murder and insurance fraud, the Tenth Circuit ruled on Monday.

  • September 08, 2025

    Calif. Judge Convicted Of Murdering Wife Seeks Trial Do-Over

    A California judge convicted of murdering his wife earlier this year moved for a new trial, arguing the court's denial of his request to postpone the retrial was a "miscarriage of justice" because it limited his expert witness testimony and violated his right to present his defense that the shooting was accidental.

  • September 08, 2025

    Mayo Clinic Beats Suit Over Fatal Brain Hemorrhage

    A Minnesota state appeals court ruled Monday that a lower court was within its rights to exclude an expert witness who couldn't identify a causal link between a pain medication the Mayo Clinic gave an amputation patient and a subsequent fatal brain hemorrhage.

  • September 08, 2025

    London Insurers Owe Full Coverage Limits To NY Archdiocese

    Certain underwriters at Lloyd's of London and other London market insurers must pay their full applicable policy limits under policies issued to the Archdiocese of New York, a state court ruled Monday in the archdiocese's suit seeking coverage for thousands of sexual abuse claims.

  • September 08, 2025

    Attys Debate 'Misuse' Or 'Defect' In Ga. Mattress Injury Trial

    A truck driver and his wife, who sued a mattress-maker and bedding components supplier over injuries she allegedly received after her skin was punctured by a mattress in a tractor-trailer's sleeping cabin, told an Atlanta jury that the mattress was defective, while the companies blamed mattress "misuse."

Expert Analysis

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Strategies For ICE Agent Misconduct Suits In The 11th Circ.

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    Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.

  • Asbestos Trusts And Tort Litigation Are Still Not Aligned

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    A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.

  • Unpacking The Supreme Court's Views On Judgment Finality

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    The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

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